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O-1997-2176
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O-1997-2176
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Last modified
11/2/2016 3:38:59 PM
Creation date
7/26/2006 8:05:26 AM
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Legislative Records
Legislative Type
Ordinance
Date
5/19/1997
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<br />-. <br />", <br /> <br />, , <br /> <br />" <br /> <br />e <br /> <br />e <br /> <br />3 <br /> <br />VI. Application and Scope of Contract <br /> <br />'- <br /> <br />This contract applies to each denial of license renewal for failure to appear reported to the <br />TDPS or the. Vendor by the local political subdivision under authority of V.C.S. art. 6687d, <br />Ff A reports may be submitted based on citations issued for traffic law violations on or after <br />the date of execution of this contract, but in no event based on a traffic citation issued before <br />September 1, 1995. <br />'. <br /> <br />Vll. Warning on Citation <br /> <br />A peace officer who is authorized to issue citations in the local political subdivision shall issue <br />a written warning to each person to whom the officer issues a citation for a traffic law <br />violation in the jurisdiction of the local political subdivision. This' warning shall be in addition <br />to any other warnings required by law. The warning must state in substance that if the person <br />fails to appear in court, as provided by law, for the prosecution of the offense, the person may <br />be denied renewal of the person's driver's license. The written warning may be on the citation <br />or on a separate instrument. Once the person cited has signed a citation, which constitutes a <br />promise to appear, the person is bound thereafter to appear and respond to the traffic citation. <br /> <br />VIII. FTA Report <br /> <br />If the person fails to appear without good cause, the local political subdivision must provide a <br />report to the TDPS containing the following information: the jurisdiction in which offense <br />occurred; the political subdivision submitting the report; the name, date of birth, and the <br />Texas . driver license number of the person alleged to have committed the traffic law. violation; <br />the date of violation; a brief description of traffic law violation; a statement that the person <br />promised to appear and failed to appear as promised; the date the person failed to appear; and <br />any other information required by the TD PS: .' There. is 'no requirement that,a criminal warrant <br />be issued in response to the person's failure to appear. The local political subdivision must <br />make reasonable efforts to ensure that each FI' A report is accurate, complete, and non- <br />duplicative, <br /> <br />IX. Clearance Report <br /> <br />The originating court which fIles the Ff A report with the TDPS has a continuing obligation to <br />review the report and to promptly file appropriate additional information or reports with the <br />TDPS. Whenever a clearance report is required to be filed with the TDPS, the court shall <br />promptly me such report with the TDPS. The clearance report shall identify the person, state <br />whether a fee was required or not required, advise the TDPS to lift the denial of renewal, and <br />state the grounds for the action. All clearance reports must be flIed with the TDPS within <br />twenty-four (24) hours of the time and date that the originating court receives appropriate <br />payment or other information that satisfies the citizen's obligation to appear in the originating <br />court. <br />
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