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79R4130 DWS-F
By: Hinojosa S.B. No. 1134
A BILL TO BE ENTITLED
AN ACT
relating to suspension or denial of a driver's license for failure
to appear, pay a fine, or satisfy a judgment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.03, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) A summons may be issued in any case where a warrant may
be issued, and shall be in the same form as the warrant except that
it shall summon the defendant to appear before a magistrate at a
stated time and place. The summons shall be served upon a defendant
by delivering a copy to him personally, or by leaving it at his
dwelling house or usual place of abode with some person of suitable
age and discretion then residing therein or by mailing it to the
defendant's last known address. If a defendant fails to appear in
response to the summons, the magistrate may:
(1) issue a warrant; or
(2) issue an order suspending the defendant's driver's
license or permit or denying issuance of a driver's license or
permit to the defendant [shall be issued].
(c) The summons must contain the following warning:
FAILURE TO APPEAR ACCORDING TO THE
TERMS OF THIS SUMMONS MAY RESULT IN THE
ISSUANCE OF A WARRANT FOR YOUR ARREST OR
SUSPENSION OR DENIAL OF ISSUANCE OF YOUR
DRIVER'S LICENSE OR PERMIT.
(d) A magistrate who issues an order under Subsection (b)(2)
shall promptly notify the Department of Public Safety when the
defendant appears before the magistrate.
SECTION 2. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0451 to read as follows:
Art. 45.0451. FAILURE TO APPEAR OR PAY FINE; JUSTICE OR
MUNICIPAL COURT. (a) A justice or municipal court, in addition to
or instead of any other action permitted by law, may order the
Department of Public Safety to suspend a person's driver's license
or permit or deny issuance of a driver's license or permit to a
person if the person fails to:
(1) appear according to terms of release;
(2) honor a summons issued by the court; or
(3) satisfy a judgment of the court.
(b) Before issuing an order under Subsection (a), the court
shall issue a summons commanding the appearance of the person by
first class mail to the person's last known address filed with the
court. The summons must contain the following warning:
FAILURE TO APPEAR ACCORDING TO THE TERMS OF THIS
SUMMONS OR FAILURE TO PAY YOUR FINES MAY RESULT IN THE
SUSPENSION OR DENIAL OF ISSUANCE OF YOUR DRIVER'S
LICENSE OR PERMIT.
(c) On receipt of an order under Subsection (a), the
Department of Public Safety shall promptly send written notice of
the order by first class mail to the person's last known address in
the department's records. The notice is considered received not
later than the fifth day after the date it is mailed.
(d) A court that has issued an order under Subsection (a)
shall promptly notify the Department of Public Safety on final
disposition of the case or on receiving evidence that the judgment
has been satisfied to the satisfaction of the court.
SECTION 3. Section 521.3451, Transportation Code, is
amended to read as follows:
Sec. 521.3451. SUSPENSION OR DENIAL ON ORDER OF JUSTICE OR
MUNICIPAL COURT [FOR CONTEMPT OF COURT]; REINSTATEMENT. (a) The
department shall suspend or deny the issuance of a license or
instruction permit on receipt of an order to suspend or deny the
issuance of the license or permit from a justice or municipal court
under Article 15.03, 45.050, or 45.0451, Code of Criminal
Procedure.
(b) The department shall reinstate a license or permit
suspended or reconsider a license or permit denied under Subsection
(a) on receiving notice from the justice or municipal court that
ordered the suspension or denial that the person whose license or
permit was suspended or denied [contemnor] has fully complied with
the court's order, the terms of the appearance, or the terms of the
judgment, as applicable.
SECTION 4. Section 543.005, Transportation Code, is amended
to read as follows:
Sec. 543.005. PROMISE TO APPEAR; RELEASE. (a) To secure
release, the person arrested must make a written promise to appear
in court by signing the written notice prepared by the arresting
officer. The signature may be obtained on a duplicate form or on an
electronic device capable of creating a copy of the signed notice.
The arresting officer shall retain the paper or electronic original
of the notice and deliver the copy of the notice to the person
arrested. The officer shall then promptly release the person from
custody.
(b) In addition to other information required by statute,
the copy or the written notice to appear delivered to the person
arrested must contain the following warning:
FAILURE TO APPEAR BEFORE THE COURT DESIGNATED BY
THIS WRITTEN PROMISE TO APPEAR MAY RESULT IN THE
ISSUANCE OF A WARRANT FOR YOUR ARREST OR SUSPENSION OF
YOUR DRIVER'S LICENSE.
SECTION 5. The heading of Chapter 706, Transportation Code,
is amended to read as follows:
CHAPTER 706. SUSPENSION [DENIAL OF RENEWAL OF LICENSE]
FOR FAILURE TO APPEAR OR TO SATISFY JUDGMENT
SECTION 6. Section 706.002(a), Transportation Code, is
amended to read as follows:
(a) A political subdivision may contract with the
department to provide information necessary for the department to
suspend [deny renewal of] the driver's license of a person who fails
to appear for a complaint or citation or fails to pay or satisfy a
judgment ordering payment of a fine and cost in the manner ordered
by the court in a matter involving any offense that a court has
jurisdiction of under Chapter 4, Code of Criminal Procedure. The
contract may also apply to a failure to appear, honor a summons, or
satisfy a judgment as provided by Article 15.03(b) or 45.0451, Code
of Criminal Procedure, to the extent and in the manner determined by
the department.
SECTION 7. Section 706.003(b), Transportation Code, is
amended to read as follows:
(b) The warning under Subsection (a):
(1) is in addition to any other warning required by
law;
(2) must state in substance that if the person fails to
appear in court as provided by law for the prosecution of the
offense or if the person fails to pay or satisfy a judgment ordering
the payment of a fine and cost in the manner ordered by the court,
[the person may be denied renewal of] the person's driver's license
may be suspended; and
(3) may be printed on the same instrument as the
citation.
SECTION 8. The heading of Section 706.004, Transportation
Code, is amended to read as follows:
Sec. 706.004. SUSPENSION [DENIAL OF RENEWAL OF] DRIVER'S
LICENSE.
SECTION 9. Section 706.004(a), Transportation Code, is
amended to read as follows:
(a) If a political subdivision has contracted with the
department, on receiving the necessary information from the
political subdivision the department may suspend [deny renewal of]
the person's driver's license for failure to appear based on a
complaint or citation or failure to pay or satisfy a judgment
ordering the payment of a fine and cost in the manner ordered by the
court in a matter involving an offense described by Section
706.002(a).
SECTION 10. Section 706.005, Transportation Code, is
amended to read as follows:
Sec. 706.005. CLEARANCE NOTICE TO DEPARTMENT. (a) A
political subdivision shall notify the department that there is no
cause to continue the suspension [to deny renewal] of a person's
driver's license based on the person's previous failure to appear or
failure to pay or satisfy a judgment ordering the payment of a fine
and cost in the manner ordered by the court in a matter involving an
offense described by Section 706.002(a), on payment of a fee as
provided by Section 706.006 and:
(1) the perfection of an appeal of the case for which
the warrant of arrest was issued or judgment arose;
(2) the dismissal of the charge for which the warrant
of arrest was issued or judgment arose;
(3) the posting of bond or the giving of other security
to reinstate the charge for which the warrant was issued;
(4) the payment or discharge of the fine and cost owed
on an outstanding judgment of the court; or
(5) other suitable arrangement to pay the fine and
cost within the court's discretion.
(b) The department may not continue the suspension [to deny
the renewal] of the person's driver's license under this chapter
after the department receives notice:
(1) under Subsection (a);
(2) that the person was acquitted of the charge on
which the person failed to appear; or
(3) from the political subdivision that the failure to
appear report or court order to pay a fine or cost relating to the
person:
(A) was sent to the department in error; or
(B) has been destroyed in accordance with the
political subdivision's records retention policy.
SECTION 11. Section 706.006, Transportation Code, is
amended to read as follows:
Sec. 706.006. PAYMENT OF ADMINISTRATIVE FEE. (a) A person
who fails to appear for a complaint or citation for an offense
described by Section 706.002(a) shall be required to pay an
administrative fee of $4 [$30] for each complaint or citation
reported to the department under this chapter, unless the person is
acquitted of the charges for which the person failed to appear. The
person shall pay the fee when:
(1) the court enters judgment on the underlying
offense reported to the department;
(2) the underlying offense is dismissed; or
(3) bond or other security is posted to reinstate the
charge for which the warrant was issued.
(b) A person who fails to pay or satisfy a judgment ordering
the payment of a fine and cost in the manner the court orders shall
be required to pay an administrative fee of $4 [$30].
(c) The department may suspend [deny renewal of] the
driver's license of a person who does not pay a fee due under this
section until the fee is paid. The fee required by this section is
in addition to any other fee required by law.
(d) A fee collected under this section shall be credited to
the general fund of the municipality or county.
SECTION 12. Section 706.007, Transportation Code, is
amended to read as follows:
Sec. 706.007. REINSTATEMENT FEE [RECORDS RELATING TO FEES;
DISPOSITION OF FEES]. (a) In addition to any other fee required by
law, on reinstatement of a driver's license suspended under this
chapter the department shall collect from the license holder a
reinstatement fee of $26.
(b) [An officer collecting a fee under Section 706.006 shall
keep records and deposit the money as provided by Subchapter B,
Chapter 133, Local Government Code.
[(b) The custodian of the municipal or county treasury may
deposit each fee collected under Section 706.006 as provided by
Subchapter B, Chapter 133, Local Government Code.
[(c) The custodian shall keep records of money received and
disbursed under this section as provided by Subchapter B, Chapter
133, Local Government Code, and shall provide an annual report, in
the form approved by the comptroller, of all money received and
disbursed under this section to:
[(1) the comptroller;
[(2) the department; and
[(3) another entity as provided by interlocal
contract.
[(d) Of each fee collected under Section 706.006, the
custodian of a municipal or county treasury shall:
[(1) send $20 to the comptroller on or before the last
day of each calendar quarter; and
[(2) deposit the remainder to the credit of the
general fund of the municipality or county.
[(e)] Of the fee collected under this section [each $20
received by the comptroller], the comptroller shall deposit $16
[$10] to the credit of the department to implement this chapter and
$10 to the credit of the general revenue fund. Of the amount
deposited to the credit of the department, not more than $6 may be
used to compensate a vendor with whom a contract is entered under
this chapter.
SECTION 13. Section 706.008(c), Transportation Code, is
amended to read as follows:
(c) Except for an action based on a citation issued by a
peace officer employed by the department and except as provided by
Section 706.007(b), the vendor may not be compensated with state
money.
SECTION 14. Section 706.009(a), Transportation Code, is
amended to read as follows:
(a) A vendor must establish and maintain customer support
services as directed by the department, including a toll-free
telephone service line to answer and resolve questions from persons
who have [are denied renewal of] a driver's license suspended under
this chapter.
SECTION 15. Section 706.011, Transportation Code, is
amended to read as follows:
Sec. 706.011. LIABILITY OF STATE OR POLITICAL SUBDIVISION.
(a) An action for damages may not be brought against the state or a
political subdivision based on an act or omission under this
chapter, including the suspension [denial of renewal] of a driver's
license.
(b) The state or a political subdivision may not be held
liable in damages based on an act or omission under this chapter,
including the suspension [denial of renewal] of a driver's license.
SECTION 16. Section 103.021, Government Code, is amended to
read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES. An accused or defendant, or a party to a civil suit, as
applicable, shall pay the following fees and costs if ordered by the
court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount of
the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure)
. . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence shelter center fee (Art. 42.12,
Code of Criminal Procedure) . . . not to exceed $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42.12, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
. . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(B) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . .
not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $75;
(22) a fee for pretrial intervention program (Art.
102.012, Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction;
(25) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec.
25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in
Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County
(Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;
(26) a speedy trial filing fee in El Paso County (Sec.
54.745, Government Code) . . . $100;
(27) costs for use of magistrate in Brazos County
(Sec. 54.1116, Government Code) . . . not to exceed $50;
(28) an administrative fee for participation in
certain community supervision programs (Sec. 76.015, Government
Code) . . . not less than $25 and not more than $40 per month;
(29) in family matters:
(A) issuing writ of withholding (Sec. 8.262,
Family Code) . . . $15;
(B) filing copy of writ of withholding to
subsequent employer (Sec. 8.267, Family Code) . . . $15;
(C) issuing and delivering modified writ of
withholding or notice of termination (Sec. 8.302, Family Code) . . .
$15;
(D) issuing and delivering notice of termination
of withholding (Sec. 8.303, Family Code) . . . $15;
(E) issuance of change of name certificate (Sec.
45.106, Family Code) . . . $10;
(F) protective order fee (Sec. 81.003, Family
Code) . . . $16;
(G) filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
(H) filing fees for suits affecting parent-child
relationship (Sec. 110.002, Family Code):
(i) suit or motion for modification (Sec.
110.002, Family Code) . . . $15;
(ii) motion for enforcement (Sec. 110.002,
Family Code) . . . $15;
(iii) notice of application for judicial
writ of withholding (Sec. 110.002, Family Code) . . . $15;
(iv) motion to transfer (Sec. 110.002,
Family Code) . . . $15;
(v) petition for license suspension (Sec.
110.002, Family Code) . . . $15;
(vi) motion to revoke a stay of license
suspension (Sec. 110.002, Family Code) . . . $15; and
(vii) motion for contempt (Sec. 110.002,
Family Code) . . . $15;
(I) order or writ of income withholding to be
delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(J) filing fee for transferred case (Sec.
110.005, Family Code) . . . $45;
(K) filing a writ of withholding (Sec. 158.319,
Family Code) . . . $15;
(L) filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family Code)
. . . not to exceed $15;
(M) filing an administrative writ to employer
(Sec. 158.503, Family Code) . . . not to exceed $15; and
(N) genetic testing fees in relation to a child
born to a gestational mother (Sec. 160.762, Family Code) . . . as
assessed by the court;
(30) in juvenile court:
(A) fee schedule for deferred prosecution
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
(B) a teen court administration fee (Sec. 54.032,
Family Code) . . . not to exceed $10;
(C) court costs for juvenile probation diversion
fund (Sec. 54.0411, Family Code) . . . $20;
(D) a juvenile delinquency prevention fee (Sec.
54.0461, Family Code) . . . $5; and
(E) a court fee for child's probationary period
(Sec. 54.061, Family Code) . . . not to exceed $15 a month;
(31) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15;
(32) administrative fee on dismissal of charge of
driving with an expired motor vehicle registration (Sec. 502.407,
Transportation Code) . . . not to exceed $10;
(33) administrative fee on dismissal of charge of
driving with an expired driver's license (Sec. 521.026,
Transportation Code) . . . not to exceed $10;
(34) administrative fee on remediation of charge of
driving with an expired inspection certificate (Sec. 548.605,
Transportation Code) . . . not to exceed $10;
(35) administrative fee for failure to appear for a
complaint or citation on certain offenses (Sec. 706.006,
Transportation Code) . . . $4 [$30] for each violation;
(36) administrative fee for failure to pay or satisfy
certain judgments (Sec. 706.006, Transportation Code) . . . $4
[$30];
(37) fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
cases (Sec. 411.081, Government Code) . . . $28; and
(38) on a finding that an animal's owner has cruelly
treated the animal, court costs including:
(A) investigation (Sec. 821.023, Health and
Safety Code) . . . actual costs;
(B) expert witnesses (Sec. 821.023, Health and
Safety Code) . . . actual costs;
(C) housing and caring for the animal during its
impoundment (Sec. 821.023, Health and Safety Code) . . . actual
costs;
(D) conducting any public sale ordered by the
court (Sec. 821.023, Health and Safety Code) . . . actual costs; and
(E) humanely destroying the animal if
destruction is ordered by the court (Sec. 821.023, Health and
Safety Code) . . . actual costs.
SECTION 17. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For the purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before that date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 18. This Act takes effect September 1, 2005.