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Transportation Code - CHAPTER 706

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, citation, or court order to pay a fine involving:

     (1) a violation of a traffic law;

     (2) an offense under Section 543.009(b) or 543.107(b);

     (3) an offense under Section 38.10, Penal Code, if the underlying offense is a traffic offense; or

     (4) any other offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14, 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.

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, 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.

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, citation, or court order to pay a fine involving a violation of a traffic law or an offense described by Section 706.002(a)(2), (3), or (4).

     (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 for a traffic violation or an offense described by Section 706.002(a)(2), (3), or (4); 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.

706.005. Notice to Department

     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 for a traffic violation or an offense described by Section 706.002(a)(2), (3), or (4), on payment of a fee as provided by Section 706.006 and:

     (1) the entry of a judgment against the person;

     (2) the perfection of an appeal of the case for which the warrant of arrest was issued;

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

     (4) the acquittal of the charge on which the person failed to appear;

     (5) the posting of bond or the giving of other security to reinstate the charge for which the warrant was issued; or

     (6) the payment of the fine owed on an outstanding court order to pay a fine.

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.

706.006. Administrative Fee

     (a) Unless a person has been acquitted of the offense for which the person failed to appear for a complaint, citation, or court order to pay a fine involving a violation of a traffic law or an offense described by Section 706.002(a)(2), (3), or (4), the political subdivision shall require the person to pay an administrative fee of $30 for each violation for which the person failed to appear.

     (b) The fee required by Subsection (a) 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.

706.007. Records Relating to Fees; Disposition of Fees

     (a) An officer collecting a fee under Section 706.006 shall:

     (1) keep separate records of the money; and

     (2) deposit the money in the appropriate municipal or county treasury.

     (b) The custodian of the municipal or county treasury may:

     (1) deposit each fee collected under Section 706.006 in an interest-bearing account; and

     (2) retain for the municipality or county the interest earned on money in the account.

     (c) The custodian shall keep records of money received and disbursed under this section 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.

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.

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