Title
Consider and take action on a resolution authorizing an amended interlocal agreement with the Texas Department of Public Safety regarding the “Failure to Appear” program for the League City Municipal Court of Record (Director of Finance)
Background:
Approval of this resolution will approve an amended interlocal agreement with the Texas Department of Public Safety regarding the “Failure to Appear” program for the League City Municipal Court of Record.
On September 10, 2019, Council approved an interlocal agreement with the Texas Department of Public Safety (“DPS”) for participation in the Failure to Appear program (as authorized under Chapter 706 of the Texas Transportation Code) through Resolution 2019-144.
On January 1, 2020, Senate Bill 346 took effect which amended Chapter 706 of the Texas Transportation Code to decrease the fee a court must collect from a defendant who fails to appear for court. The fee was decreased from $30 to $10. As a result of this change, DPS must update/amend all interlocal agreements to reflect this change.
Failure to Appear Program.
DPS contracts with a private vendor to establish and maintain an automated system whereby information regarding court violators may be stored and accessed by DPS. A city will then file Failure to Appear ("FTA") reports with this private vendor. Using this automated system, DPS may deny the renewal of a driver license of a person who is the subject of a FTA system entry. In addition, person's driver license renewal may be denied if he or she fails to appear in court or fails to pay a court fine.
A court that uses the FTA Program must collect a statutorily required $10 reimbursement fee. If the person is acquitted of the underlying offense for which the original FTA Report was filed, the court shall not require payment of the reimbursement fee.
Attachment:
1. Data Sheet
2. Proposed Resolution
3. Exhibit A - Interlocal Agreement with DPS
CONTRACT ORIGINATION: The interlocal...
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