2005 Texas Transportation Code CHAPTER 706. DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO APPEAR

TRANSPORTATION CODE

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


	§ 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, § 30.161(a), eff. Sept. 
1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, § 17.37(a), 
eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1545, § 74, eff. 
Sept. 1, 1999.


	§ 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, § 30.161(a), eff. Sept. 
1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, § 17.37(b), 
eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 999, § 1, eff. 
Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1498, § 1, eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 346, § 3, eff. June 18, 2003.


	§ 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, § 30.161(a), eff. Sept. 
1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1498, § 2, eff. 
Sept. 1, 2001.


	§ 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, § 30.161(a), eff. Sept. 
1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, § 17.37(c), 
eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 999, § 2, eff. 
Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1498, § 3, eff. Sept. 1, 
2001.


	§ 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, § 30.161(a), eff. Sept. 
1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, § 17.37(c), 
eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 999, § 2, eff. 
Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1498, § 4, eff. Sept. 1, 
2001.


	§ 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, § 30.161(a), eff. Sept. 
1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, § 17.37(d), 
eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 999, § 3, eff. 
Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1498, § 5, eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 209, § 79(a), eff. Jan. 1, 2004.


	§ 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, § 30.161(a), eff. Sept. 
1, 1997.  Amended by Acts 2003, 78th Leg., ch. 209, § 80(a), eff. 
Jan. 1, 2004.


	§ 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, § 30.161(a), eff. Sept. 
1, 1997. 


	§ 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, § 30.161(a), eff. Sept. 
1, 1997. 


	§ 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, § 30.161(a), eff. Sept. 
1, 1997. 


	§ 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, § 30.161(a), eff. Sept. 
1, 1997. 


	§ 706.012. RULES.  The department may adopt rules to 
implement this chapter.

Added by Acts 1997, 75th Leg., ch. 165, § 30.161(a), eff. Sept. 
1, 1997.