Department of Public Safety’s Failure to Appear/Failure to Pay

Program

Presented by Charles A. Brothers

OmniBase Services of Texas

The Failure to Appear Problem

• 2007 Annual Activity Report of OCA– 918 cities reported - 6,974,089 violations– 5,581,607 traffic violations– 1,037,739 State law violations– 354,743 violations of city ordinances

• Revenues --- $685,793,685

• 30% or 2,092,227 will fail to appear

Legislative History

• Chapter 706, Texas Transportation Code

• Authorized by Legislature – Sept. 1, 1995• Initial program – only Class C traffic cases• Expanded to all class C cases – 09/01/99• Added Failure to pay or satisfy – 9/01/01• Expanded to all courts/offenses – 6/18/03

Failure to Appear Program

• Jurisdiction contracts with State only– Interlocal Cooperation Contract

RESTRICTS the violator’s driver license Must be any type Texas License Does not suspendViolator cannot renew

Cannot enter Texas ID card

Failure to Appear Program

• Tool to assist cities/counties in collections

• Goal is to get violator to contact the court

• Jurisdiction controls disposition of cases

• Voluntary to compliment other local efforts– Courtesy letters– Warrants– Private collectors

How Much Does It Cost?

• No cost to start the program – Contract with State of Texas – No separate contract with OmniBase Services– Will require computers and staff

– Statute provides immunity for use

Administrative Fee

Statute provides for $30 administrative fee

Jurisdiction collects from violator at disposition

$20 goes to State (quarterly report)

$6 paid to OmniBase (quarterly)

$4 jurisdiction retains

Collection of FTA Fees

• No collection/payment of fee – Any statutory reason for non-collection– Acquittal – Administrative error– Consistent with records retention policy– Indigent – Dismissals – if equal to finding of not guilty

Time Served Credit

• Articles 42.03 and 45.041,CCP– Credit for amount of fine and costs– Does not mention administrative fees– Section 706.006 - FTA is administrative fee

– Judge interprets and OBS will follow– Most courts seem to collect

OmniBase Services of Texas

• OmniBase Services – – Vendor selected by DPS

• OmniBase provides:– Software for database entry – no charge– Automated database of violators– Letter to violator after acceptance of offense– 800 number and operator assistance– Maintain database until cleared– Monthly training in Austin for RES users

FTA/FTP Process

• Jurisdiction selects offense to send• Data sent electronically• OmniBase checks DL#, dob & last name• Delivers to DPS for flagging• DPS advises flagged• OmniBase sends letter to violator• OmniBase advises jurisdiction of flag• Jurisdiction says resolved – 5 business days• OmniBase advises DPS to remove flag

NOTICE OF DENIAL OF RENEWAL OF TEXAS DRIVER LICENSE

Acting under contract with theTexas Department of Public Safety, OmniBase has received a report that you have been cited for an offense under the jurisdiction of the court listed below and have subsequently violated a promise to appear in court or failed to pay or satisfy the judgement for the violation.

Pursuant to Chapter 706 of the Texas Transportation Code, the Department of Public Safety will deny renewal of your driver license until the originating court identified below has electronically cleared the following offense(s) from the database:

City Offense Docket Offense Fines, Cost Or County Date Number Description and Fees

ORIGINATING COURT

In the event renewal of your driver license is denied, you would then be prohibited from operating a motor vehicle on a public street or highway in this state. Violation would constitute a misdemeanor punishable by a fine of up to $500.00 and/or confinement for up to six months. Please note that the Department of Public Safety will not clear your driver record or renew your driver license without authorization from the court(s) identified at the left.

You must resolve the outstanding violations before the Department of Public Safety will be able to renew your license. You should contact the court listed to confirm the amount of the fines, costs, and fees and verify that a court appearance is not required If you want to contest the above report, or if you desire to request trial on the charge(s) filed against you, you should call or write the court listed above. You may retain an attorney at your own expense.

An offense will be cleared from the failure to appear or pay database within three (3) business days from the date payment is secured and reported to OmniBase by the originating court. For information on how to contact the court, you may call either of the following numbers:

(800) 686-0570 (toll free), or

(512) 342-0915 in Austin

COURTESY – SERVICE - PROTECTION

Failure To Appear Program

TEXAS DEPARTMENT OF PUBLIC SAFETY

1 (800) 686-0570

How Do I Start?

• Jurisdiction approves Interlocal Contract – • signed by Mayor/City Mgr.

– Provides Information Sheet to OmniBase• Gives address/phone number for violators• Staff/contact information

• TXDPS must approve the contract– Notifies OmniBase of approved contract

• OmniBase – assigns a PISD# for court– sends software/user manual– assists with installation

OBS Website – www.omnibase.com

• DPS Pamphlet describing program

• Interlocal Cooperation Contract

• State statute/administrative rules

• Information Sheet

• DPS Codes

• OBS RES software & User Manual

• Contact addresses

Failure to Appear Program

• Contracted Political Subdivisions – 885– Municipalities – 665– Counties – 225 (691 courts participating)

• Total Statistics for FTA Program – Offenses Entered – 6,457,226– Offenses Cleared – 3,632,772– Cleared to Entered Ratio ----- 56.26%– Violators in database – 2,103,216

Failure to Appear Program

OmniBase Services of Texas7320 North Mopac, Suite 310

Austin, Texas 78731512/346-6511

www.omnibase.com