HBA-NLM H.B. 19 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 19
By: Goolsby
Public Safety
2/3/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, municipalities in Texas may contract with the Department of
Public Safety to deny renewal of a person's driver's license for failure to
appear for a complaint, citation, or court order to pay a fine involving a
violation of traffic law. However, outstanding fines on parking violations
were not included in the provisions of the initial contract. The total
amount of  fines associated with these violations has reached over $11
million. H.B.19 allows municipalities to contract with DPS to deny the
renewal of a driver's license to an individual that has outstanding parking
citations in excess of $100. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle I, Title 7, Transportation Code, by adding
Chapter 707, as follows: 

CHAPTER 707.  DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO PAY MUNICIPAL
PARKING FINES 

Sec.  707.001.  DEFINITIONS.  Defines "department"and "driver's license."

Sec.  707.002.  CONTRACT WITH DEPARTMENT.  Authorizes a municipality to
contract with the Department of Public Safety (department) in order to
provide the department necessary information to deny the renewal of the
driver's license of a person who has an unpaid fine for a violation of an
ordinance of the municipality regulating the parking or stopping of a
vehicle.  Provides that a municipality is authorized to report to the
department an unpaid fine for a violation of the municipality's ordinance
under this section only if the fine is past due, if the person failed to
make a timely appearance in court to challenge the imposition of the fine,
and if the person owes the municipality more than $100 in past due fines,
including the fine for which a report is made, for violations of the
municipality's ordinances which regulate the parking or stopping of a
vehicle.  Provides that a contract under this section must be made in
accordance with Chapter 791, Government Code (Interlocal Cooperation
Contracts) and is subject to the ability of the parties to provide or pay
for the required services under the contract. 

Sec.  707.003.  DENIAL OF RENEWAL OF LICENSE.  Provides that, if a contract
is made under this chapter, the department is authorized to deny the
renewal of a driver's license upon the receipt of the necessary
information.  Requires the municipality to perform its duties in the same
manner as for a contract under Chapter 706 (Denial of Renewal of License
for Failure to Appear). 

Sec.  707.004.  WARNING; CITATION.  Provides that, if a municipality makes
a contract under this chapter, a citation for a violation of an ordinance
of the municipality regulating the parking or stopping of a vehicle must
include a warning as required by Section 706.003. Provides that a warning
must state that a driver's license renewal may be denied if a person  fails
to pay a fine associated with the violation. 

Sec. 707.005. NOTICE TO DEPARTMENT. Requires the municipality to notify the
department that there is no longer a reason to continue to deny a driver's
license renewal based on a violation of an ordinance regulating the parking
or stopping of a vehicle if the person pays any fee required by Section
706.006 (Administrative Fee) and an event occurs under Section 706.005
(Notice to Department), which applies to a violation of the ordinance. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.