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.


Texas Transportation Code

CHAPTER 706. DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO APPEAR

Definitions

Return to Top

Contract With Department

  1. 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 or citation or fails to pay or satisfy a judgement ordering payment of a fine and cost in the manner ordered by the court in a matter involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure.
  2. 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.

Return to Top

Warning; Citation

  1. 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.
  2. 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 or if the person fails to pay or satisfy a judgement ordering the payment of a fine and cost in the manner ordered by the court, 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.

Return to Top

Denial of Renewal of Driver's License

  1. 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 or citation or failure to pay or satisfy a judgement ordering the payment of a fine and cost in the manner ordered by the court in a matter involving an offense described by Section 706.002 a.
  2. 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 or failed to satisfy a judgement ordering the payment of a fine and cost in the manner ordered by the court in a matter involving an offense described by Section 706.002 (a); and
    4. any other information required by the department.

Return to Top

Clearance Notice to Department

  1. 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 or failure to pay or satisfy a judgement ordering the payment of a fine and cost in the manner ordered by the court in a matter involving an offense described by Section 706.002(a), on payment of a fee as provided by Section 706.006 and:
    1. the perfection of an appeal of the case for which the warrant of arrest was issued or judgement arose;
    2. the dismissal of the charge for which the warrant of arrest was issued or judgement arose;
    3. the posting of bond or the giving of other security to reinstate the charge for which the warrant was issued;
    4. the payment or discharge of the fine and cost owed on an outstanding judgement of the court; or
    5. other suitable arrangements to pay the fine and cost within the court's discretion
  2. The department may not continue to deny the renewal of the person's drivers license under this chapter after the department receives notice:
    1. under Subsection a;
    2. that the person was acquitted of the charge on which the person failed to appear; or
    3. from the political subdivision that the failure to appear report or court order to pay a fine or cost relating to the person:
      1. was sent to the department in error; or
      2. has been destroyed in accordance with the political subdivision's records retention policy.

Return to Top

Payment of Administrative Fee

  1. A person who fails to appear for a complaint or citation for an offense described by Section 706.002 (a) shall be required to pay an administrative fee of $30 for each violation for which the person failed to appear, unless the person is acquitted of the charges for which the person failed to appear. The person shall pay the fee when:
    1. the court enters judgement on the underlying offense reported to the department;
    2. the underlying offense is dismissed; or
    3. bond or other security is posted to reinstate the charge for which the warrant was issued.
  2. A person who fails to pay or satisfy a judgement ordering the payment of a fine and cost in the manner the court orders shall be required to pay an administrative fee of $30.
  3. The department may deny renewal of the drivers license of a person who does not pay a fee due under this section until the fee is paid. The fee required by this section is in addition to any other fee required by law.

Return to Top

Records Relating to Fees; Disposition of Fees

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Of each $20 received by the comptroller, the comptroller shall deposit $10 to the credit of the department to implement this chapter.

Return to Top

Contract With Private Vendor; Compensation

  1. The department may contract with a private vendor to implement this chapter.
  2. The vendor performing the contract may be compensated by each political subdivision that has contracted with the department.
  3. 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.

Return to Top

Vendor to Provide Customer Support Services

  1. 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.
  2. The vendor shall comply with terms, policies, and rules adopted by the department to administer this chapter.

Return to Top

Use of Information Collected by Vendor

Return to Top

Liability of State or Political Subdivision

  1. 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.
  2. 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.

Return to Top

Rules

Return to Top