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Res 1997-136
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Res 1997-136
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6/12/2007 2:16:20 PM
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6/12/2007 2:16:20 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1997-136
Date
9/8/1997
Volume Book
130
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<br /> 3 <br /> VI. Application and Scope of Contract <br /> This contract applies to each denial of license renewal for failure to appear reported to the <br /> TDPS or the Vendor by the local political subdivision under authority of V.C.S. art. 6687d. <br /> Ff A reports may be submitted based on citations issued for traffic law violations on or after <br /> the date of execution of this contract, but in no event based on a traffic citation issued before <br /> September 1, 1995. <br /> VII. Warning on Citation <br /> A peace officer who is authorized to issue citations in the local political subdivision shall issue <br /> a written warning to each person to whom the officer issues a citation for a traffic law <br /> violation in the jurisdiction of the local political subdivision. This warning shall be in addition <br /> to any other warnings required by law. The warning must state in substance that if the person <br /> fails to appear in court, as provided by law, for the prosecution of the offense, the person may <br /> be denied renewal of the person's driver's license. The written warning may be on the citation <br /> or on a separate instrument. Once the person cited has signed a citation, which constitutes a <br /> promise to appear, the person is bound thereafter to appear and respond to the traffic citation. <br /> VIII. FI'A Report <br /> If the person fails to appear without good cause, the local political subdivision must provide a <br /> report to the TDPS containing the following information: the jurisdiction in which offense <br /> occurred; the political subdivision submitting the report; the name, date of birth, and the <br /> Texas driver license number of the person alleged to have committed the traffic law violation; <br /> the date of violation; a brief description of traffic law violation; a statement that the person <br /> promised to appear and failed to appear as promised; the date the person failed to appear; and <br /> any other information required by the TD PS. There is no requirement that a criminal warrant <br /> be issued in response to the person' s failure to appear. The local political subdivision must <br /> make reasonable efforts to ensure that each Ff A report is accurate, complete, and non- <br /> duplicative. <br /> IX. Clearance Report <br /> The originating court which files the FfA report with the TDPS has a continuing obligation to <br /> review the report and to promptly file appropriate additional information or reports with the <br /> TDPS. Whenever a clearance report is required to be filed with the TDPS, the court shall <br /> promptly file such report with the TDPS. The clearance report shall identify the person, state <br /> whether a fee was required or not required, advise the TDPS to lift the denial of renewal, and <br /> state the grounds for the action. All clearance reports must be filed with the TDPS within <br /> twenty-four (24) hours of the time and date that the originating court receives appropriate <br /> payment or other information that satisfies the citizen's obligation to appear in the originating <br /> court. <br />
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