CHAPTER 706. DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO APPEAR - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE I. ENFORCEMENT OF TRAFFIC LAWS

CHAPTER 706. DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO APPEAR

Sec. 706.001. DEFINITIONS. In this chapter:

(1) "Complaint" means a notice of an offense as described by

Article 27.14(d) or 45.019, Code of Criminal Procedure.

(2) "Department" means the Department of Public Safety.

(3) "Driver's license" has the meaning assigned by Section

521.001.

(4) "Highway or street" has the meaning assigned by Section

541.302.

(5) "Motor vehicle" has the meaning assigned by Section 541.201.

(6) "Operator" has the meaning assigned by Section 541.001.

(7) "Political subdivision" means a municipality or county.

(8) "Public place" has the meaning assigned by Section 1.07,

Penal Code.

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

which is a misdemeanor punishable by a fine in an amount not to

exceed $1,000, that:

(A) regulates an operator's conduct or condition while operating

a motor vehicle on a highway or street or in a public place;

(B) regulates the condition of a motor vehicle while it is being

operated on a highway or street;

(C) relates to the driver's license status of an operator while

operating a motor vehicle on a highway or street; or

(D) relates to the registration status of a motor vehicle while

it is being operated on a highway or street.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.37(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1545,

Sec. 74, eff. Sept. 1, 1999.

Sec. 706.002. CONTRACT WITH DEPARTMENT. (a) A political

subdivision may contract with the department to provide

information necessary for the department to 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.

(b) A contract under this section:

(1) must be made in accordance with Chapter 791, Government

Code; and

(2) is subject to the ability of the parties to provide or pay

for the services required under the contract.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.37(b), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 999, Sec.

1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1498, Sec. 1,

eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 346, Sec. 3, eff.

June 18, 2003.

Sec. 706.003. WARNING; CITATION. (a) If a political

subdivision has contracted with the department, a peace officer

authorized to issue a citation in the jurisdiction of the

political subdivision shall issue a written warning to each

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

traffic law in the jurisdiction of the political subdivision.

(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; and

(3) may be printed on the same instrument as the citation.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1498, Sec. 2,

eff. Sept. 1, 2001.

Sec. 706.004. DENIAL OF RENEWAL OF DRIVER'S LICENSE. (a) If a

political subdivision has contracted with the department, on

receiving the necessary information from the political

subdivision the department may 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).

(b) The information must include:

(1) the name, date of birth, and driver's license number of the

person;

(2) the nature and date of the alleged violation;

(3) a statement that the person failed to appear as required by

law or failed to 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); and

(4) any other information required by the department.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.37(c), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 999, Sec.

2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1498, Sec. 3,

eff. Sept. 1, 2001.

Sec. 706.005. CLEARANCE NOTICE TO DEPARTMENT. (a) A political

subdivision shall notify the department that there is no cause to

continue 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 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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.37(c), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 999, Sec.

2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1498, Sec. 4,

eff. Sept. 1, 2001.

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 $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 $30.

(c) The department may 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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

17.37(d), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 999, Sec.

3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1498, Sec. 5,

eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 209, Sec. 79(a),

eff. Jan. 1, 2004.

Sec. 706.007. RECORDS RELATING TO FEES; DISPOSITION OF FEES.

(a) 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 each $20 received by the comptroller, the comptroller

shall deposit $10 to the credit of the department to implement

this chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 209, Sec.

80(a), eff. Jan. 1, 2004.

Sec. 706.008. CONTRACT WITH PRIVATE VENDOR; COMPENSATION. (a)

The department may contract with a private vendor to implement

this chapter.

(b) The vendor performing the contract may be compensated by

each political subdivision that has contracted with the

department.

(c) Except for an action based on a citation issued by a peace

officer employed by the department, the vendor may not be

compensated with state money.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997.

Sec. 706.009. VENDOR TO PROVIDE CUSTOMER SUPPORT SERVICES. (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 are

denied renewal of a driver's license under this chapter.

(b) The vendor shall comply with terms, policies, and rules

adopted by the department to administer this chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997.

Sec. 706.010. USE OF INFORMATION COLLECTED BY VENDOR.

Information collected under this chapter by a vendor may not be

used by a person other than the department, the political

subdivision, or a vendor as provided by this chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997.

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 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 denial of renewal of a driver's license.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997.

Sec. 706.012. RULES. The department may adopt rules to

implement this chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff.

Sept. 1, 1997.