CHAPTER 702. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE I. ENFORCEMENT OF TRAFFIC LAWS

CHAPTER 702. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS

Sec. 702.001. DEFINITIONS. In this chapter:

(1) "Department" means the Texas Department of Motor Vehicles.

(2) "Registration" of a motor vehicle includes a renewal of the

registration of that vehicle.

(3) "Traffic law" means a statute or ordinance, a violation of

which is a misdemeanor punishable by a fine not to exceed $200,

that regulates, on a street, road, or highway of this state:

(A) the conduct or condition of a person while operating a motor

vehicle; or

(B) the condition of a motor vehicle being operated.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.160(a), eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 2S.01, eff. September 1, 2009.

Sec. 702.002. APPLICATION. This chapter applies only to a

home-rule municipality.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 744, Sec. 1, eff. June 18,

1999.

Sec. 702.003. REFUSAL TO REGISTER VEHICLE. (a) A county

assessor-collector or the department may refuse to register a

motor vehicle if the assessor-collector or the department

receives under a contract information from a municipality that

the owner of the vehicle has an outstanding warrant from that

municipality for failure to appear or failure to pay a fine on a

complaint that involves the violation of a traffic law.

(b) A municipality may contract with a county in which the

municipality is located or the department to provide information

to the county or department necessary to make a determination

under Subsection (a).

(c) A municipality that has a contract under Subsection (b)

shall notify the county or the department regarding a person for

whom the county assessor-collector or the department has refused

to register a motor vehicle on:

(1) entry of a judgment against the person and the person's

payment to the court of the fine for the violation and of all

court costs;

(2) perfection of an appeal of the case for which the arrest

warrant was issued; or

(3) dismissal of the charge for which the arrest warrant was

issued.

(d) After notice is received under Subsection (c), the county

assessor-collector or the department may not refuse to register

the motor vehicle under Subsection (a).

(e) A contract under Subsection (b) must be entered into in

accordance with Chapter 791, Government Code, and is subject to

the ability of the parties to provide or pay for the services

required under the contract.

(f) This section does not apply to the registration of a motor

vehicle under Section 501.0234.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.160(b), eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

542, Sec. 3, eff. September 1, 2009.

Sec. 702.004. WARNING; CITATION. (a) A peace officer

authorized to issue citations in a municipality that has a

contract under Section 702.003 shall issue a written warning to

each person to whom the officer issues a citation for a violation

of a traffic law in the municipality.

(b) The warning must state that if the person fails to appear in

court as provided by law for the prosecution of the offense or

fails to pay a fine for the violation, the person might not be

permitted to register a motor vehicle in this state.

(c) The warning required by this section may be printed on the

citation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Renumbered from Transportation Code Sec. 702.005 and amended by

Acts 1997, 75th Leg., ch. 165, Sec. 30.160, eff. Sept. 1, 1997.