CHAPTER 703. NONRESIDENT VIOLATOR COMPACT OF 1977 - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE I. ENFORCEMENT OF TRAFFIC LAWS

CHAPTER 703. NONRESIDENT VIOLATOR COMPACT OF 1977

Sec. 703.001. DEFINITIONS. In this chapter:

(1) "Citation" and "motorist" have the meanings assigned by

Article II, Section (b), Nonresident Violator Compact of 1977.

(2) "Department" and "licensing authority" mean the Department

of Public Safety.

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

Sec. 703.002. ENACTMENT; TERMS OF COMPACT. The Nonresident

Violator Compact of 1977 is enacted and entered into as follows:

NONRESIDENT VIOLATOR COMPACT OF 1977

Art. I. FINDINGS, DECLARATION OF POLICY, AND PURPOSE

(a) The party jurisdictions find that:

(1) In most instances, a motorist who is cited for a traffic

violation in a jurisdiction other than his home jurisdiction:

(i) Must post collateral or bond to secure appearance for trial

at a later date; or

(ii) If unable to post collateral or bond, is taken into custody

until the collateral or bond is posted; or

(iii) Is taken directly to court for his trial to be held.

(2) In some instances, the motorist's driver's license may be

deposited as collateral to be returned after he has complied with

the terms of the citation.

(3) The purpose of the practices described in paragraphs (1) and

(2) above is to ensure compliance with the terms of a traffic

citation by the motorist who, if permitted to continue on his way

after receiving the traffic citation, could return to his home

jurisdiction and disregard his duty under the terms of the

traffic citation.

(4) A motorist receiving a traffic citation in his home

jurisdiction is permitted, except for certain violations, to

accept the citation from the officer at the scene of the

violation and to immediately continue on his way after promising

or being instructed to comply with the terms of the citation.

(5) The practice described in paragraph (1) above causes

unnecessary inconvenience and, at times, a hardship for the

motorist who is unable at the time to post collateral, furnish a

bond, stand trial, or pay the fine, and thus is compelled to

remain in custody until some arrangement can be made.

(6) The deposit of a driver's license as a bail bond, as

described in paragraph (2) above, is viewed with disfavor.

(7) The practices described herein consume an undue amount of

law enforcement time.

(b) It is the policy of the party jurisdictions to:

(1) Seek compliance with the laws, ordinances, and

administrative rules and regulations relating to the operation of

motor vehicles in each of the jurisdictions.

(2) Allow motorists to accept a traffic citation for certain

violations and proceed on their way without delay whether or not

the motorist is a resident of the jurisdiction in which the

citation was issued.

(3) Extend cooperation to its fullest extent among the

jurisdictions for obtaining compliance with the terms of a

traffic citation issued in one jurisdiction to a resident of

another jurisdiction.

(4) Maximize effective utilization of law enforcement personnel

and assist court systems in the efficient disposition of traffic

violations.

(c) The purpose of this compact is to:

(1) Provide a means through which the party jurisdictions may

participate in a reciprocal program to effectuate the policies

enumerated in paragraph (b) above in a uniform and orderly

manner.

(2) Provide for the fair and impartial treatment of traffic

violators operating within party jurisdictions in recognition of

the motorist's right of due process and the sovereign status of a

party jurisdiction.

Art. II. DEFINITIONS

(a) In the Nonresident Violator Compact, the following words

have the meaning indicated, unless the context requires

otherwise.

(b)(1) "Citation" means any summons, ticket, or other official

document issued by a police officer for a traffic violation

containing an order which requires the motorist to respond.

(2) "Collateral" means any cash or other security deposited to

secure an appearance for trial, following the issuance by a

police officer of a citation for a traffic violation.

(3) "Court" means a court of law or traffic tribunal.

(4) "Driver's license" means any license or privilege to operate

a motor vehicle issued under the laws of the home jurisdiction.

(5) "Home jurisdiction" means the jurisdiction that issued the

driver's license of the traffic violator.

(6) "Issuing jurisdiction" means the jurisdiction in which the

traffic citation was issued to the motorist.

(7) "Jurisdiction" means a state, territory, or possession of

the United States, the District of Columbia, or the Commonwealth

of Puerto Rico.

(8) "Motorist" means a driver of a motor vehicle operating in a

party jurisdiction other than the home jurisdiction.

(9) "Personal recognizance" means an agreement by a motorist

made at the time of issuance of the traffic citation that he will

comply with the terms of that traffic citation.

(10) "Police officer" means any individual authorized by the

party jurisdiction to issue a citation for a traffic violation.

(11) "Terms of the citation" means those options expressly

stated upon the citation.

Art. III. PROCEDURE FOR ISSUING JURISDICTION

(a) When issuing a citation for a traffic violation, a police

officer shall issue the citation to a motorist who possesses a

driver's license issued by a party jurisdiction and shall not,

subject to the exceptions noted in paragraph (b) of this article,

require the motorist to post collateral to secure appearance, if

the officer receives the motorist's personal recognizance that he

or she will comply with the terms of the citation.

(b) Personal recognizance is acceptable only if not prohibited

by law. If mandatory appearance is required, it must take place

immediately following issuance of the citation.

(c) Upon failure of a motorist to comply with the terms of a

traffic citation, the appropriate official shall report the

failure to comply to the licensing authority of the jurisdiction

in which the traffic citation was issued. The report shall be

made in accordance with procedures specified by the issuing

jurisdiction and shall contain information as specified in the

Compact Manual as minimum requirements for effective processing

by the home jurisdiction.

(d) Upon receipt of the report, the licensing authority of the

issuing jurisdiction shall transmit to the licensing authority in

the home jurisdiction of the motorist the information in a form

and content as contained in the Compact Manual.

(e) The licensing authority of the issuing jurisdiction may not

suspend the privilege of a motorist for whom a report has been

transmitted.

(f) The licensing authority of the issuing jurisdiction shall

not transmit a report on any violation if the date of

transmission is more than six months after the date on which the

traffic citation was issued.

(g) The licensing authority of the issuing jurisdiction shall

not transmit a report on any violation where the date of issuance

of the citation predates the most recent of the effective dates

of entry for the two jurisdictions affected.

Art. IV. PROCEDURE FOR HOME JURISDICTION

(a) Upon receipt of a report of a failure to comply from the

licensing authority of the issuing jurisdiction, the licensing

authority of the home jurisdiction shall notify the motorist and

initiate a suspension action, in accordance with the home

jurisdiction's procedures, to suspend the motorist's driver's

license until satisfactory evidence of compliance with the terms

of the traffic citation has been furnished to the home

jurisdiction licensing authority. Due process safeguards will be

accorded.

(b) The licensing authority of the home jurisdiction shall

maintain a record of actions taken and make reports to issuing

jurisdictions as provided in the Compact Manual.

Art. V. APPLICABILITY OF OTHER LAWS

Except as expressly required by provisions of this compact,

nothing contained herein shall be construed to affect the right

of any party jurisdiction to apply any of its other laws relating

to licenses to drive to any person or circumstance, or to

invalidate or prevent any driver license agreement or other

cooperative arrangement between a party jurisdiction and a

nonparty jurisdiction.

Art. VI. COMPACT ADMINISTRATOR PROCEDURES

(a) For the purpose of administering the provisions of this

compact and to serve as a governing body for the resolution of

all matters relating to the operation of this compact, a Board of

Compact Administrators is established. The board shall be

composed of one representative from each party jurisdiction to be

known as the compact administrator. The compact administrator

shall be appointed by the jurisdiction executive and will serve

and be subject to removal in accordance with the laws of the

jurisdiction he represents. A compact administrator may provide

for the discharge of his duties and the performance of his

functions as a board member by an alternate. An alternate may not

be entitled to serve unless written notification of his identity

has been given to the board.

(b) Each member of the Board of Compact Administrators shall be

entitled to one vote. No action of the board shall be binding

unless taken at a meeting at which a majority of the total number

of votes on the board are cast in favor. Action by the board

shall be only at a meeting at which a majority of the party

jurisdictions are represented.

(c) The board shall elect annually, from its membership, a

chairman and a vice chairman.

(d) The board shall adopt bylaws, not inconsistent with the

provisions of this compact or the laws of a party jurisdiction,

for the conduct of its business and shall have the power to amend

and rescind its bylaws.

(e) The board may accept for any of its purposes and functions

under this compact any and all donations, and grants of money,

equipment, supplies, materials, and services, conditional or

otherwise, from any jurisdiction, the United States, or any other

governmental agency, and may receive, utilize, and dispose of the

same.

(f) The board may contract with, or accept services or personnel

from, any governmental or intergovernmental agency, person, firm,

or corporation, or any private nonprofit organization or

institution.

(g) The board shall formulate all necessary procedures and

develop uniform forms and documents for administering the

provisions of this compact. All procedures and forms adopted

pursuant to board action shall be contained in the Compact

Manual.

Art. VII. ENTRY INTO COMPACT AND WITHDRAWAL

(a) This compact shall become effective when it has been adopted

by at least two jurisdictions.

(b)(1) Entry into the compact shall be made by a Resolution of

Ratification executed by the authorized officials of the applying

jurisdiction and submitted to the chairman of the board.

(2) The resolution shall be in a form and content as provided in

the Compact Manual and shall include statements that in substance

are as follows:

(i) A citation of the authority by which the jurisdiction is

empowered to become a party to this compact.

(ii) Agreement to comply with the terms and provisions of the

compact.

(iii) That compact entry is with all jurisdictions then party to

the compact and with any jurisdiction that legally becomes a

party to the compact.

(3) The effective date of entry shall be specified by the

applying jurisdiction, but it shall not be less than 60 days

after notice has been given by the chairman of the Board of

Compact Administrators or by the secretariat of the board to each

party jurisdiction that the resolution from the applying

jurisdiction has been received.

(c) A party jurisdiction may withdraw from this compact by

official written notice to the other party jurisdictions, but a

withdrawal shall not take effect until 90 days after notice of

withdrawal is given. The notice shall be directed to the compact

administrator of each member jurisdiction. No withdrawal shall

affect the validity of this compact as to the remaining party

jurisdictions.

Art. VIII. EXCEPTIONS

The provisions of this compact shall not apply to offenses which

mandate personal appearance, moving traffic violations which

alone carry a suspension, equipment violations, inspection

violations, parking or standing violations, size and weight limit

violations, violations of law governing the transportation of

hazardous materials, motor carrier violations, lease law

violations, and registration law violations.

Art. IX. AMENDMENTS TO THE COMPACT

(a) This compact may be amended from time to time. Amendments

shall be presented in resolution form to the chairman of the

Board of Compact Administrators and may be initiated by one or

more party jurisdictions.

(b) Adoption of an amendment shall require endorsement of all

party jurisdictions and shall become effective 30 days after the

date of the last endorsement.

(c) Failure of a party jurisdiction to respond to the compact

chairman within 120 days after receipt of the proposed amendment

shall constitute endorsement.

Art. X. CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the

purposes stated herein. The provisions of this compact shall be

severable and if any phrase, clause, sentence, or provision of

this compact is declared to be contrary to the constitution of

any party jurisdiction or of the United States or the

applicability thereof to any government, agency, person, or

circumstance, the compact shall not be affected thereby. If this

compact shall be held contrary to the constitution of any

jurisdiction party thereto, the compact shall remain in full

force and effect as to the remaining jurisdictions and in full

force and effect as to the jurisdiction affected as to all

severable matters.

Art. XI. TITLE

This compact shall be known as the Nonresident Violator Compact

of 1977.

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

Sec. 703.003. NONRESIDENT VIOLATOR COMPACT ADMINISTRATOR. (a)

The office of nonresident violator compact administrator is

created.

(b) The governor shall appoint the compact administrator with

the advice and consent of the senate to a two-year term that

expires on February 1 of each odd-numbered year.

(c) The compact administrator is entitled to compensation and

reimbursement for expenses as provided by legislative

appropriation.

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

Sec. 703.004. REPORTS OF FAILURE TO COMPLY WITH CITATION. (a)

The department shall report the failure of a motorist to comply

with the terms of a citation.

(b) The department shall establish procedures for making the

reports required by Subsection (a).

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