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A BILL TO BE ENTITLED
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AN ACT
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relating to suspension or denial of a driver's license or permit for |
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failure to comply with terms of appearance, a judgment, or a |
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summons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.03, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) A summons may be issued in any case where a warrant may |
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be issued, and shall be in the same form as the warrant except that |
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it shall summon the defendant to appear before a magistrate at a |
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stated time and place. The summons shall be served upon a defendant |
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by delivering a copy to him personally, or by leaving it at his |
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dwelling house or usual place of abode with some person of suitable |
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age and discretion then residing therein or by mailing it to the |
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defendant's last known address. If a defendant fails to appear in |
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response to the summons the magistrate may issue a warrant for the |
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defendant's arrest [shall be issued]. In addition, a magistrate of |
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a justice or municipal court may issue an order to suspend a |
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person's driver's license or permit or deny issuance of a driver's |
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license or permit as provided by Section 45.0451. |
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(c) A magistrate who issues an order to suspend or deny the |
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issuance of a driver's license or permit under Subsection (b) shall |
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promptly notify the Department of Public Safety when the defendant |
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appears before the magistrate. |
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SECTION 2. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.0451 to read as follows: |
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Art. 45.0451. FAILURE TO COMPLY WITH TERMS OF APPEARANCE, |
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JUDGMENT, OR SUMMONS; JUSTICE OR MUNICIPAL COURT. (a) A justice or |
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municipal court, in addition to or instead of any other action |
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permitted by law, may order the Department of Public Safety to |
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suspend a person's driver's license or permit or, if the person does |
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not hold a driver's license or permit, to deny issuance of a |
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driver's license or permit to a person if the person fails to fully |
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comply with: |
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(1) terms of appearance; |
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(2) a judgment of the court; or |
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(3) a summons issued by the court. |
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(b) A court that has issued an order under Subsection (a) |
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shall promptly notify the Department of Public Safety when the |
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person complies with the terms of appearance, a judgment, or a |
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summons, as applicable. |
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SECTION 3. Section 521.3451, Transportation Code, is |
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amended to read as follows: |
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Sec. 521.3451. SUSPENSION OR DENIAL ON ORDER OF JUSTICE OR |
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MUNICIPAL COURT [FOR CONTEMPT OF COURT]; REINSTATEMENT. (a) The |
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department shall suspend or deny the issuance of a license or |
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instruction permit on receipt of an order to suspend or deny the |
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issuance of the license or permit from a justice or municipal court |
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under Article 15.03, 45.050, or 45.0451, Code of Criminal |
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Procedure. |
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(b) The department shall reinstate a license or permit |
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suspended or reconsider a license or permit denied under Subsection |
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(a) on receiving notice from the justice or municipal court that |
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ordered the suspension or denial that the person whose license or |
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permit was suspended or denied [contemnor] has fully complied with |
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the terms of appearance, a judgment, or a summons, as applicable |
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[the court's order]. |
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SECTION 4. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For the purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |