DEPARTMENT: Municipal Courts
DEPARTMENT HEAD: Carla Obledo, Presiding Judge
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT:
Approval of Interlocal Cooperation Contract with Texas Department of Public Safety to continue the Failure to Appear Program
SUMMARY:
This ordinance approves the execution of an Interlocal Cooperation Contract with the Texas Department of Public Safety ("TDPS") to continue the Failure to Appear Program and incorporate amendments made to Chapter 706 of the Texas Transportation Code by the Texas Legislature. The intent of the Failure to Appear Program is directed toward a system that requires both traffic and non-traffic violators to appear before the originating court for a final disposition or satisfy a judgment in a manner ordered by the Court.
BACKGROUND INFORMATION:
The City currently participates in a program with the Texas Department of Public Safety to deny renewal of the driver's license for failure to appear on certain traffic and non-traffic violations. The City has participated in this program since it was approved by City Council through Ordinance Numbers 2007-03-29-0354 and 2012-11-08-0882. During the 86nd Legislative Session, Section 706.006 of the Texas Transportation Code was amended and renamed the Failure to Appear and Failure to Pay administrative fee as a "reimbursement fee" and reduced the fee from $30 to $10 to remove the portion of the fee remitted to the state.
This proposed ordinance authorizes the execution of a new Interlocal Cooperation Contract by the City Manager with the required amendments. Other provisions of the program are as follows:
* Authorizes Texas DPS to contract with a private vendor to implement the Failure to Appear (FTA) System;
* Provides for the assessment of a reimbursement fee of $10.00 for each offense;
* Establishes an immunity from suit and damages for the state and city;
* Requires the peace officer to give notice of the sanction at the time a citation is written;
* R...
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