1997-05-19 Regular Meeting of City Council

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TEL: - TEXAS DEPA.RTl\IENT OF PUBLIC SAFETY .~AJL()RE TO A]JPEAR PROGI~AM As ~ result of nonpayment of tim'.Ii assochJted with Class C misdemeanor violurions, pnlitic:J1 subdivisions and the State of Texas hOlVC encountered a si~njfjcant loss in revenue. The Tnps will offer a solution to SCJ"\'C the political subdivisions b)' denying the rcnew:d uf a driver license for fuiJurc to appear. It i~ estimated that 95-98% of the FTA utTcndcrs will comply with the political subdh'isions thut contract with the Department. '111e intent of the Failure to ApPc:'lr Program is directed toward the cstabli~hmellt of a system thaI requires the trafLit; violator to appear before the originating court for a final disposition. However, at this time the program is somewhat a miSllOITl<,'r bt:cause it does not include the actual ./ill"/ur(! (t) appear (~(f~'n.re. This pam,phlet will identify _a sequence of events that \,.;11 assist in bringing tratllc law violntors to justice. During the 74th Legis!atiw Session: Sena.te .BiB 1504, Vernon's Civil Statutes, 6687d, uulhor1Zl::u the Department to contract with political subdivisions to den)' rene,'...al of the drivcr license for failure to appear on certain trafJic 'iiolations. 'Ibis bill ",ill affect Class C misdt:meunor trafik olTenses in which the ....iolators are given 10 days 10 appeal' in court for the prosecution of the offense. Other provisions of the bill an:: as 111I.1tHO\'S: . Authorizes the DCpnrL'11enL to contract v,irh a priv~te vendor to implement the system. . Requires the political subdivision to compensmc the private vendor for service dcth cn:d unde~ the provisions of this bill (prohihil.s the u..e 01 state funds to compensate rt private vendcJI'j. Provides for an administrative fee of $30.00 ior each offense. Fstablishes an immunity Irom suit llnd damages for the state and political subdivisions. . . . J ,) ~ ,(;.., ~ ar _.1 9 : 5 3 ~l C . 00::; ? 0 4 · Authorizes the Departm~nt to adopt rules to implement 1111: provisions of Lhe biil. · I~~quir.;:'s the peace ollicer 10 give notic~ of the sanctilln al the Lime a cimtion is written. · Applies tl.l otfenses that occur on or after S~premb('r l, 1995. Warnin~ on CitHtion A pl'ac~ uflicer \vho is authorized Lo issue cit41tjon~ shall issue a written \.varning to each person for a traffic law violation, This warning will affect all cilntions issued on Of after September J, 1995, and shall be in addition io any other warnings required bv Inw. Thl~ warning should be or ha....e similar ~ language to . "if you .filil 10 appear' in court as required hy law, you may be denied Ih;: renewal of ~'our .:I/'iw::r license (md as.\'(:,'ssed an aciditional.lee. " This warning mal' be given by stamp or a .label ph!l'cd on the back of the citmion, handed to the offender in the form of a 3 x 5 card or an 8 ] i2 x 11 sheet of roper. If given with a courtesy notice that has a tin" schedule, the peace ofticer should read to the violator. (Statute says the pc.lee onicer Dlust give notic{~., The mandatcJry warning can ulso be given in a written document. If offenses where the violator ha~ appear~d, but has failed to compleiel)' compl~ wil.h the court mandates (time payments, DDC. etc.), or If the C(llU1' extends the appearance date, the court should provide a written document to the offender 'ldvisin~ the otTcnder th.at he or she must comply by a spectfic date or appear in court. If the court accepts u telephone call as an appenrnncc, after the courl advisc:s the 'fin~ or other i1cc~plahlc condition, the iudgl,.~ or clerk should advi~c the offender to apP~~if in COlll1". Even if the court docs not accept appearance by telephone, the judge or clerk should preface informatIon 011 compliance with lhe law. All citari\>ns tolling under Vernon's Ci....il Slc:HuLe. Article 6687d. apI'I}" to Class C mjsdem~anor tr:lffic \'iolatiL\n~, Tht:se violations regulate a dri....er's conduct or condition while operating a molor \1ehiclc, or the condition of a motor vehicle while it