TEXAS DEPARTMENT OF PUBLIC SAFETY

TITLE 37 TEXAS ADMINISTRATIVE CODE

Chapter 15 Drivers License Rules

FAILURE TO APPEAR

(Effective – January 10, 2002)

DENIAL OF RENEWAL OF DRIVER’S LICENSE FOR FAILURE TO APPEAR FOR TRAFFIC VIOLATION

§15.111. Purpose and Scope. This subchapter applies to denial of license renewal for failure to appear or failure to pay or satisfy a judgment ordering payment of a fine or cost reported to the department under authority of Texas Transportation Code, Chapter 706.

§15.112. Authority To Enter Interlocal Contract. A local political subdivision may contract with the department to provide information necessary for the department to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine or cost in the manner ordered by the court in a matter involving any offense within the jurisdiction of the justice or municipal court. A contract under this section must be made in accordance with Texas Government Code, Chapter 791. Such contract is subject to the ability of the parties to provide or pay for the services required under the contract.

§15.113. Contract with Private Vendor. The department has contracted with a private vendor to implement the provisions of Texas Transportation Code, Chapter 706. The vendor shall be the primary custodian of all failure to appear violator records and will receive and process reports from contracting local political subdivisions. The vendor will also maintain readily accessible customer support services, including a toll‑free telephone service, to advise license holders on how to contact the court in which the failure to appear report originated.

§15.114. Originating Court To File Failure To Appear Report. If a person fails to appear or fails to pay or satisfy a judgment as provided in Texas Transportation Code, Chapter 706, a local political subdivision may submit a failure to appear report to the department. The local political subdivision shall make reasonable efforts to ensure that each report is accurate, complete, and nonduplicative. The report shall include the following information:

(1) the name of the political subdivision submitting the report;

(2) the jurisdiction in which the alleged offense occurred;

(3) the name, date of birth, and the Texas driver license number of the person alleged to have failed to appear or failed to pay or satisfy a judgment;

(4) the date of the alleged violation;

(5) a brief description of the alleged violation;

(6) a statement that the person failed to appear or failed to pay or satisfy a judgment;

(7) the date that the person failed to appear or failed to pay or satisfy a judgment; and

(8) any other information required by the department.

§15.115. Criminal Charge Not Required. It is neither required nor prohibited that a criminal charge be filed or a warrant be issued based on the person's violation of a promise to appear or failure to pay or satisfy a judgment ordering the payment of a fine or a cost in the manner provided by the court.

§15.116. Local Ordinances. If the offense alleged is a violation of local ordinance, but not state law, the department may require the political subdivision to provide the department with a copy of the local ordinance alleged to have been violated. Upon such request, the political subdivision shall certify that the ordinance is currently in effect, and shall provide any other information required by the department. The department shall determine whether the local ordinance meets the statutory criteria for enforcement under this section.

§15.117. When Denial May Be Imposed. On receipt of the necessary information from the local political subdivision, the department may deny renewal of the person's driver license. For purposes of this section, the department may deny renewal of an applicant's driver license at any time before mailing the completed driver license document.

§15.118. Clearance Report. The local political subdivision shall file a clearance report when there is no cause to continue to deny renewal of a person's driver license. In all cases when a clearance report is required, the political subdivision shall notify the department or the department's designee within a reasonable time not to exceed five business days. The clearance report shall identify the person, state whether or not a fee was required, advise the department to lift the denial of renewal and state the grounds for the action.

§15.119. Clearance Report When No Fee Is Required. If the person is acquitted of the underlying charge for which the failure to appear report was filed, the court shall file an appropriate clearance report without requiring the license holder to pay the statutorily required $30 administrative fee. Acquittal means an official fact‑finding made in the context of the adversary proceeding by an individual or group of individuals with the legal authority to decide the question of guilt or innocence. For purposes of this section, acquittal also includes a discharge by the court upon proof of actual innocence. A person is not considered to have been acquitted if the court imposes any conditions upon discharge of the offense, such as penalties, court costs, educational programs, a period of probation, or any other sanction. For purposes of this section, a person is not considered to have been acquitted, and the prescribed administrative fee shall apply, in all cases that are dismissed under the suspension of sentence or deferred disposition procedures outlined in Texas Code of Criminal Procedure, Article 45.