Failure to Appear Statistics
Jan 1, 2017

16.7 Million Offenses Entered

68.6% cleared

Number of Cities Participating: 732

Number of Counties Participating: 243

 


News

Please try out the new Texas Failure to Appear Website to look up outstanding cases.


Program Summary

Court Requirements:

A contract between the Texas Department of Public Safety and a political subdivision must be in effect to implement the provisions of Texas Transportation Code, Chapter 706. The Contract shall automatically renew on a yearly basis, absent notification of non-renewal. However, either party may terminate this Contract by notifying the other in writing thirty (30) days prior to the expiration date of intentions not to renew the Contract. After termination, the local political subdivision has a continuing obligation to report final dispositions and collect fees for all violators in the FTA system at the time of termination.

In order to have a violator entered into the FTA system, political subdivisions must electronically send a FTA report with the following information:

It is the responsibility of all political subdivisions to provide accurate, complete and non-duplicative information.

Vendor Services:

The Texas Department of Public Safety has contracted with OmniBase Services of Texas, LP to assist with the automation of the FTA Program. OmniBase will be utilized as the source database of original FTA record entries from the political subdivisions. This automated information system accurately stores and accesses records that will be made available to the Department.

OmniBase will maintain records on each person after compliance for five years and indefinitely on those who do not comply. This contractor will also maintain accessible customer support services, including a toll-free telephone line to answer and resolve questions from persons who are subject to denial of their driver license.

OmniBase will provide and maintain complete and accurate records on all transactions with political subdivisions and the Department. Data collected from any political subdivision, including the Department, shall be considered confidential and such data shall be used only for the purposes established in the contract.

OmniBase will provide the necessary protocol for using electronic methods and software to the political subdivisions at no cost.

OmniBase will mail the initial letter to the offender on modified Department letterhead. It lists the court name, offense date, docket number, outstanding offense description, fines, costs, and fee amount, the originating court's address and telephone number, a toll-free number for inquiries, as well as sanctions for non-compliance.

Clearance Requirements:

Within 5 business days, an originating court should provide clearance information on the reported violator to the Vendor. All information will be entered on a computer and uploaded to the Vendor. If final disposition is received, it should be provided in the following manner:

All clearance information must be transmitted within 5 business days of the time and date that the originating court receives compliance or other information that satisfies the individual's obligation to appear in the originating court.

A $30.00 administrative fee will apply to each FTA offense. Twenty dollars ($20.00) of each fee collected will be sent to the State Comptroller's office on or before the last day of the month following the end of the calendar quarter. The local political subdivision must pay the Vendor a fee of six dollars ($6.00) for each offense that has been reported to the Vendor. The remaining four dollars ($4.00) will be retained by the political subdivision.

In the event that the individual is acquitted of the underlying charge, then no payment will be made to the State or the Vendor. In the event that court costs and fees are not received by the local political subdivision (e.g. if the court rules an individual as indigent or the individual dies) then no payment will be made to the State or the Vendor. If an individual is ordered to pay court costs and fees, but is not assessed a fine, payment to the Vendor is still required.

Timely payment must be made by the local political subdivision to the Vendor no later than the last day of the month following the close of the calendar quarter in which the payment was received by the local political subdivision.

DPS Services:

Once information has been transmitted to the Vendor, a data cartridge tape is produced and delivered to DPS. The tape contains all entries as well as final dispositions that have occurred since the previously delivered tape.

Upon receipt at DPS, the FTA data cartridge is downloaded into the mainframe computer. The Department will perform an edit against all driver records and all erroneous data will be rejected and returned to the political subdivision for correction. All accepted data will automatically turn on a FTA flag for the appropriate driver record.

In lieu of a driver license renewal notice, the Department will notify FTA offenders by letter and inform the offender that the renewal of his/her license will be denied. In addition, the letter will provide the toll-free number for compliance information and will inform the offender of the consequences of driving while license invalid (DWLI). (See Transportation Code ยง521.457.)

If the FTA offender should go to the Driver License office to renew their license, after receiving notice of denial, they will be issued a sixty day temporary permit. If the offender inquires about outstanding FTA citations, the clerk will refer the offender to the toll-free number provided by the vendor.

Upon receipt at DPS headquarters, renewal requests with outstanding FTA citations will be withheld from the license manufacturing process. The renewal request is updated on the basic screen and the driver record is marked, "DENY RENEWAL LTR #2-FTA".

The Department will generate a second letter to the FTA offender that will inform the offender that his/her driver license will not be renewed because of outstanding FTA citations. In addition, the letter will inform the offender that upon the expiration of the temporary permit, all driving privileges will be denied. The letter will provide the toll-free number for compliance information; inform the offender of the driving while license invalid (DWLI) consequences, and inform him/her that upon compliance, the driver license will be produced and mailed.

After compliance is received, an automated process will be utilized to produce a driver license and the record will reflect "COMPLIANCE RECEIVED-FTA". The driver license is then mailed to the individual.

If a person does not comply and/or the person does not attempt to renew their license (including offenders who attempt to renew their license up to one year prior to the expiration), upon sixty days after the expiration of the driver license or the issuance of a temporary permit, whichever comes first, a third letter will be generated to notify the individual that he/she is officially denied renewal of his/her driver license. The Department will simultaneously update the driver record to reflect "DENY RENEWAL-FTA". The FTA offender will then fall under the existing DWLI statutes if found operating a vehicle.