Ordinance No. 14,352ORDINANCE NO. 14,352
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONTRACT WITH THE TEXAS DEPARTMENT OF PUBLIC
SAFETY REGARDING THE DENIAL OF A DRIVER'S LICENSE RENEWAL FOR
FAILURE TO APPEAR IN THE BAYTOWN MUNICIPAL COURT OR FOR
FAILURE TO PAY CERTAIN FINES AND COSTS; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute a contract with the Texas Department of Public Safety regarding the denial of a
driver's license renewal for failure to appear in the Baytown Municipal Court or for failure to pay certain
fines and costs. A copy of said contract is attached hereto as Exhibit "A," and incorporated herein for all
intents and purposes.
Section 2: That the City Council of the City of Baytown hereby authorizes payments
pursuant to the Agreement authorized in Section 1 hereof.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 12"' day of March, 2020.
E�
DON 1APETItt'01 Mayor
ATT T:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
4NA','11M1iiW
CIO RAMIREZ, SR., it Attorney
R:.Karen- Files .City Council Ordinances\2020\March 12 DPSAgreementReDenialofLicenseRenewals.doc
0
Exhibit "A"
DPS # DLD20180628 (Revised 01/2020)
Interlocal Cooperation Contract
Failure to Appear (FTA) Program
State of Texas
County of
I. PARTIES AND AUTHORITY
This Interlocal Cooperation Contract (Contract) is entered into between the Department of Public
Safety of the State of Texas (DPS), an agency of the State of Texas and the
Court of the [City or County] of (Court), a political subdivision of the
State of Texas, referred to collectively in this Contract as the Parties, under the authority granted in
Tex. Transp. Code Chapter 706 and Tex. Gov't Code Chapter 791(the Interlocal Cooperation Act).
II. BACKGROUND
As permitted under Tex. Transp. Code § 706.008, DPS contracts with a private vendor (Vendor) to
provide and establish an automated FTA system that accurately stores information regarding violators
subject to the provisions of Tex. Transp. Code Chapter 706. DPS uses the FTA system to properly deny
renewal of a driver license to a person who is the subject of an FTA system entry.
III. PURPOSE
This Contract applies to each FTA Report submitted by the Court to DPS or its Vendor and accepted by
DPS or its Vendor.
Court will supply information to DPS, through its Vendor, that is necessary 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 and cost in the manner ordered by the Court in a matter involving
any offense that Court has jurisdiction of under Tex. Code Crim. Proc. Chapter 4.
IV. PERIOD OF PERFORMANCE
This Contract will be effective on the date of execution and will automatically renew on the anniversary
date of execution for up to three additional years unless terminated earlier.
V. COURT RESPONSIBILITIES
A. Written warnings
A peace officer authorized to issue citations within the jurisdiction of the Court must issue a
written warning to each person to whom the officer issues a citation for a traffic law
violation. This warning must be provided in addition to any other warnings required by law.
The warning must state in substance that if the person fails to appear in court for the
prosecution of the offense or if the person fails to pay or satisfy a judgment ordering the
payment of a fine and cost in the manner ordered by the Court, the person may be denied
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DPS # DLD20180628 (Revised 01/2020)
renewal of the person's driver license. The written warning may be printed on the citation
or on a separate instrument.
B. FTA Report
An FTA Report is a notice sent by Court requesting a person be denied renewal in
accordance with this Contract. The Court may submit an FTA Report to Vendor if a person
fails to appear or fails to pay or satisfy a judgment as required by law. There Is no
requirement that a criminal warrant be issued in response to the person's failure to appear.
The Court must make reasonable efforts to ensure that all FTA Reports are accurate,
complete, and non -duplicative. The FTA Report must include the following information:
1. the jurisdiction in which the alleged offense occurred;
2. the name of the court submitting the report;
3. the name, date of birth, and Texas driver license number of the person who failed to
appear or failed to pay or satisfy a judgment;
4. the date of the alleged violation;
S. a brief description of the alleged violation;
6. a statement that the person failed to appear or failed to pay or satisfy a judgment as
required by law;
7. the date that the person failed to appear or failed to pay or satisfy a judgment; and
8. any other information required by DPS.
C. Clearance Reports
The Court that files the FTA Report has a continuing obligation to review the FTA Report and
promptly submit appropriate additional information or reports to the Vendor. The clearance
report must identify the person, state whether or not a fee was required, and advise DPS to
lift the denial of renewal and state the grounds for the action. All clearance reports must be
submitted immediately, but no later than two business days, from the time and date that the
Court receives appropriate payment or other information that satisfies the person's
obligation to that Court.
To the extent that a Court uses the FTA system by submitting an FTA Report, the Court must
collect the statutorily required $10.00 reimbursement fee. If the person is acquitted of the
underlying offense for which the original FTA Report was filed, the Court will not require
payment of the reimbursement fee.
Court must submit a clearance report for the following circumstances:
1. the perfection of an appeal of the case for which the warrant of arrest was issued or
judgment arose;
2. the dismissal of the charge for which the warrant of arrest was issued or judgment arose;
3. the posting of a 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 judgment of the
Court; or
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5. other suitable arrangement to pay the fine and cost within the Court's discretion.
DPS will not continue to deny renewal of the person's driver license after receiving notice
from the Court that the FTA Report was submitted in error or has been destroyed in
accordance with the Court's record retention policy.
D. Quarterly Reports and Audits
Court must submit quarterly reports to DPS in a format established by DPS.
Court is subject to audit and inspection at any time during normal business hours and at a
mutually agreed upon location by the state auditor, DPS, and any other department or
agency, responsible for determining that the Parties have complied with the applicable
laws. Court must provide all reasonable facilities and assistance for the safe and convenient
performance of any audit or inspection.
Court must correct any non -conforming transactions performed by the Court, at its own
cost, until acceptable to DPS.
Court must keep all records and documents regarding this Contract for the term of this
Contract and for seven years after the termination of this Contract.
E. Accounting Procedures
Court must keep separate, accurate, and complete records of the funds collected and
disbursed and must deposit the funds in the appropriate municipal or county treasury.
Court may deposit such fees in an interest -bearing account and retain the interest earned
on such accounts for the Court.
Court will allocate $6.00 of each $10.00 reimbursement fee received for payment to the
Vendor and $4.00 for credit to the general fund of the municipal or county treasury.
F. Non -Waiver of Fees
Court will not waive the $10.00 reimbursement fee for any person that has been submitted
on an FTA Report, unless the person is deemed to be indigent, or the person is acquitted of
the charges for which the person failed to appear.
Failure to comply with this section will result in: (i) termination of this Contract for cause;
and (ii) the removal of all outstanding entries of the Court in the FTA Report, resulting in the
lifting of any denied driver license renewal status from DPS.
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G. Litigation Notice
The Court must make a good -faith attempt to immediately notify DPS in the event that the
Court becomes aware of litigation in which this Contract or Tex. Transp. Code Chapter 706 Is
subject to constitutional, statutory, or common-law challenge, or is struck down by judicial
decision.
VI. PAYMENTS TO VENDOR
Court must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the
Vendor and for which the Court has subsequently collected the statutorily required $10.00
reimbursement fee. In the event that the person has been acquitted of the underlying charge or is
Indigent, no payment will be made to the Vendor or required of the Court.
Court agrees that payment will be made to the Vendor no later than the last day of the month
following the close of the calendar quarter in which the payment was received by the Court.
DPS will not pay Vendor for any fees collected by Court.
VII. GENERAL TERMS AND CONDITIONS
A. Compliance with Law. The Court understands and agrees that it will comply with all local,
state, and federal laws in the performance of this Contract, including administrative rules
adopted by DPS.
B. Contract Amendment. DPS and Court may amend this Contract through a written
amendment signed by an authorized signatory on behalf of the respective party.
C. Notice. The respective party will send the other party notice as noted in this section.
Court
Depoluient ofPutilic'Safety
Attn.:
Enforcement & Compliance Service
5805 North Lamar Blvd.
Austin, Texas 78752-0001
(512) 424-5311 [fax]
Driver. lmarovementL@dps.texas.eov
(512) 424-7172
Address:
Address:
Fax:
Email:
Phone:
D. Termination. Either party may terminate this Contract with 30 days' written notice. DPS
may also terminate this Contract for cause if Court doesn't comply with Section V.F., Non -
Waiver of Fees. After termination, the Court has a continuing obligation to report
dispositions and collect fees for all violators in the FTA system at the time of termination.
Failure to comply with the continuing obligation to report will result in the removal of all
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outstanding entries of the Court in the FTA Report, resulting in the lifting of any denied
driver license renewal status from DPS.
Vill. CERTIFICATIONS
The Parties certify that (1) the Contract is authorized by the governing body of each party; (2) the
purpose, terms, rights, and duties of the Parties are stated within the Contract; and (3) each party will
make payments for the performance of governmental functions or services from current revenues
available to the paying party.
The undersigned signatories have full authority to enter into this Contract on behalf of the respective
Parties.
Court*
Authorized Signature
Title
Date
Department of Public Safety
Driver License Division Chief or Designee
Date
*An additional page may be attached if more than one signature is required to execute this Contract
on behalf of the Court. Each signature block must contain the person's title and date.
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