Can Texas deny your driver's license renewal for missing court on any charge?

TX AG Opinion GA-0479: How far does the failure-to-appear license hold reach?

Plain-English summary

Brazoria County Criminal District Attorney Jeri Yenne asked the Attorney General about chapter 706 of the Transportation Code, the program that lets the Department of Public Safety refuse to renew a person's driver's license when the person fails to appear in court or fails to pay a court-ordered fine and costs. Brazoria County had an interlocal agreement with the department to use the program, and a private vendor collected the data on drivers who had not taken care of their cases. The county wanted to know how far the program reaches: is it just for traffic tickets, can it be used for non-traffic Class C offenses, and can it be used for higher misdemeanors and felonies in county and district courts.

The statute has two distinct triggers in the same subsection: one for a person who "fails to appear," and one for a person who "fails to pay or satisfy a judgment." A 2003 floor amendment, added with no debate, broadened the statute to cover "any offense that a court has jurisdiction of under Chapter 4" of the Code of Criminal Procedure. Chapter 4 lists every Texas trial court with criminal jurisdiction, including county and district courts, so on its face the new language sweeps in all felonies and misdemeanors. But the legislature did not amend the rest of chapter 706 to match, and that mismatch forced the opinion to treat the two triggers differently.

For the failure-to-appear trigger, the statute is built around the defined terms "complaint" and "citation." In chapter 706, "complaint" points to provisions about fine-only offenses and the requisites of a complaint in justice or municipal court, and "citation" is limited to traffic offenses (Class C misdemeanors). Because those defined terms confine the failure-to-appear trigger, the opinion concluded it cannot reach every offense under Chapter 4. It applies only to offenses that arise in a justice or municipal court.

The failure-to-pay trigger is different. Nothing limits it to those defined terms, so the 2003 "any offense" language gives it full effect: the department may deny a renewal when a person fails to pay a fine and costs in any court with criminal jurisdiction. Reading the two triggers this way lets the 2003 amendment do real work while respecting the unchanged definitions.

So the bottom line for the county's questions: the failure-to-appear system is not limited to traffic tickets, it is available for all offenses arising in a justice or municipal court, but it may not be used for offenses arising in a county or district court. The failure-to-pay system, by contrast, reaches any court with criminal jurisdiction.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Chapter 706 of the Transportation Code has been amended since 2006, and the broader system of driver's license holds has changed. Anyone dealing with a current license hold should check the present statute rather than relying on this opinion.

Who this opinion affected (as of 2006)

Counties, courts, and the Department of Public Safety: The opinion told them that the failure-to-appear hold could be used for any justice or municipal court offense (not just traffic tickets) but not for county or district court offenses, while the failure-to-pay hold could be used in any court with criminal jurisdiction.

Justices of the peace and municipal judges: The opinion confirmed that the failure-to-appear program applies to the full range of offenses in their courts, not only traffic citations.

Drivers: The opinion explained when a missed court date or unpaid fine could cost someone the ability to renew a driver's license, drawing the line between justice or municipal court (failure to appear) and any criminal court (failure to pay).

Common questions

Is the failure-to-appear license hold only for traffic tickets?
No. The opinion concluded it covers all offenses that arise in a justice or municipal court, not just traffic citations.

Can it be used for a felony or a county or district court case?
Not the failure-to-appear part. The opinion held that the failure-to-appear trigger does not reach offenses in county or district courts. Only the separate failure-to-pay trigger reaches those courts.

What is the difference between the two parts of the statute?
One part denies renewal for failing to appear; the other for failing to pay or satisfy a judgment. The failure-to-appear part is limited by the defined terms "complaint" and "citation" to justice and municipal court matters. The failure-to-pay part, after a 2003 amendment, applies to any court with criminal jurisdiction.

Why does the same statute treat the two situations differently?
Because the 2003 amendment broadened the "any offense" language, but the legislature did not update the definitions of "complaint" and "citation" that limit the failure-to-appear trigger. The opinion gave effect to the amendment where it could (failure to pay) while honoring the unchanged definitions (failure to appear).

Background and statutory framework

Section 706.002(a) lets a political subdivision contract with the Department of Public Safety to provide information for denying a driver's license renewal to a person who fails to appear for a complaint or citation, or fails to pay or satisfy a judgment ordering a fine and costs, in a matter involving any offense a court has jurisdiction of under Chapter 4 of the Code of Criminal Procedure (Tex. Transp. Code Ann. § 706.002(a) (Vernon Supp. 2006)). Before 2003, the provision was limited to fine-only offenses in justice or municipal court (Act of May 24, 2001, 77th Leg., R.S., ch. 1498, § 1, 2001 Tex. Gen. Laws 5322, 5322); the 2003 amendment expanded it to "any offense" under Chapter 4 (Act of May 31, 2003, 78th Leg., R.S., ch. 346, § 3, 2003 Tex. Gen. Laws 1503, 1505), which lists every state court with criminal jurisdiction (Tex. Code Crim. Proc. Ann. arts. 4.01-.18 (Vernon 2005)).

The defined terms confine the failure-to-appear trigger. "Complaint" is a notice of an offense under Code of Criminal Procedure article 27.14(d) or 45.019 (Tex. Transp. Code Ann. § 706.001(1) (Vernon Supp. 2006)). Article 27.14 addresses fine-only offenses tried in justice and municipal courts (Tex. Code Crim. Proc. Ann. art. 27.14(b)-(d) (Vernon Supp. 2006); id. arts. 4.11, 4.14 (Vernon 2005)), and article 45.019, within chapter 45 governing justice and municipal courts, describes the requisites of a complaint there (id. arts. 45.019, 45.002 (Vernon Supp. 2006)). Chapter 706 limits "citation" to traffic offenses, classified as Class C misdemeanors (Tex. Transp. Code Ann. § 706.003 (Vernon Supp. 2006)).

Applying the rule that statutes are read for the legislature's intent through the plain meaning of the words (Lenz v. Lenz, 79 S.W.3d 10, 19 (Tex. 2002)) and the presumption that the entire statute is effective (Tex. Gov't Code Ann. § 311.021 (Vernon 2005)), the opinion concluded that the failure-to-appear trigger reaches only justice or municipal court offenses, while the failure-to-pay trigger reaches any court with criminal jurisdiction.

Citations

Statutes and session laws:

• Tex. Transp. Code Ann. §§ 706.001(1), 706.002(a), 706.003 (Vernon Supp. 2006)
• Tex. Code Crim. Proc. Ann. arts. 4.01-.18, 4.11, 4.14 (Vernon 2005), 27.14(b)-(d), 45.002, 45.019 (Vernon Supp. 2006)
• Tex. Gov't Code Ann. § 311.021 (Vernon 2005)
• Act of May 24, 2001, 77th Leg., R.S., ch. 1498, § 1, 2001 Tex. Gen. Laws 5322, 5322
• Act of May 31, 2003, 78th Leg., R.S., ch. 346, § 3, 2003 Tex. Gen. Laws 1503, 1505

Cases:

• Lenz v. Lenz, 79 S.W.3d 10, 19 (Tex. 2002)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0479
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2006/ga0479.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain - the linked PDF is authoritative.

ATTORNEY GENERAL OF TEXAS
GREG ABBOTT

October 31, 2006

The Honorable Jeri Yenne
Brazoria County Criminal District Attorney
County Courthouse
111 East Locust, Suite 408A
Angleton, Texas 77515

Opinion No. GA-0479

Re: Application of chapter 706 of the Texas Transportation Code, which permits a political subdivision to contract with the Texas Department of Public Safety to provide information necessary for the department to deny renewal of the driver's license of a person who fails to appear in court or fails to pay or satisfy a judgment ordering payment of a fine and costs (RQ-0481-GA)

Dear Ms. Yenne:

You ask several questions about the application of chapter 706 of the Texas Transportation Code.

I. Background

Section 706.002 of the Transportation Code provides, in relevant part:

A political subdivision may contract with the [Texas Department of Public Safety] to provide information necessary for the department to deny renewal of the driver's 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 a court has jurisdiction of under Chapter 4, Code of Criminal Procedure.

Tex. Transp. Code Ann. § 706.002(a) (Vernon Supp. 2006). You indicate that Brazoria County has entered into an interlocal agreement with the Texas Department of Public Safety (the "department") to implement chapter 706. Request Letter, supra note 1, at 1. The department, "in turn, has entered into a contract with a private vendor which collects information as to which Texas drivers failed to appear before Justices of the Peace and Municipal Judges to take care of fin[es] and costs against them." Id. The department is then permitted to deny renewal of the driver's licenses of those persons who have failed to appear in court or have failed to pay the fines and costs assessed against them. See id.

Subsection (a) of section 706.002 contains two specific components: one permits the department to deny renewal of a person's driver's license for "fail[ure] to appear"; the other permits denial for "fail[ure] to pay or satisfy a judgment." Tex. Transp. Code Ann. § 706.002(a) (Vernon Supp. 2006). Your questions specifically relate to the "fail[ure] to appear" portion of subsection (a) rather than to the statute's "fail[ure] to pay or satisfy a judgment" portion. See generally Request Letter, supra note 1. The distinction between the two components will subsequently become clear.

Prior to the 2003 regular session of the Seventy-eighth Texas Legislature, section 706.002(a) was limited to matters punishable by fine only, specifically, "any offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14, Code of Criminal Procedure." See Act of May 24, 2001, 77th Leg., R.S., ch. 1498, § 1, 2001 Tex. Gen. Laws 5322, 5322. In 2003, however, the language of the provision was changed to its present form, so that it now relates to "any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure." Tex. Transp. Code Ann. § 706.002(a) (Vernon Supp. 2006) (added by Act of May 31, 2003, 78th Leg., R.S., ch. 346, § 3, 2003 Tex. Gen. Laws 1503, 1505). Chapter 4 of the Code of Criminal Procedure lists every state court that has criminal jurisdiction, including county and district courts, as well as justice and municipal courts. See generally Tex. Code Crim. Proc. Ann. arts. 4.01-.18 (Vernon 2005) (chapter 4). Thus, for purposes of section 706.002(a), "any offense" includes any felony or misdemeanor of which any Texas trial court has jurisdiction.

This new "any offense" language, adopted in 2003, was added by a House floor amendment with no debate. See H.J. of Tex., 78th Leg., R.S. 3998 (2003) (amendment by Honorable Carter Casteel). Thus there is no legislative history explaining the amendment. And while section 706.002(a) was greatly expanded to include all offenses, the other provisions of chapter 706, which relate to procedural matters, were not amended to conform to the expanded language of section 706.002(a). This failure to amend other provisions of chapter 706 is the reason we must distinguish between the failure to appear portion of section 706.002(a) and that section's failure to pay portion.

II. Questions

Your specific questions are:

1) Is the FTA system limited to traffic tickets?

2) Can the FTA system be used to collect fines and costs on non-traffic Class C offenses?

3) Can the FTA system be used to collect fines and costs for Class B and above misdemeanors and felonies and may it be used for filed cases in county and district courts for which there has been no initial arrest but an active warrant exists?

Request Letter, supra note 1, at 3. We cannot answer your specific questions, however, until we explain the meaning of the 2003 amendment and how the amendment fits into the overall scheme of chapter 706.

III. Analysis

The language of section 706.002(a) relating to failure to appear reads as follows: "information necessary for the department to deny renewal of the driver's license of a person who fails to appear for a complaint or citation." Tex. Transp. Code Ann. § 706.002(a) (Vernon Supp. 2006). "Complaint" is defined in section 706.001 as "a notice of an offense as described by Article 27.14(d) or 45.019, Code of Criminal Procedure." Id. § 706.001(1). Article 27.14(d) relates to parking violations and other offenses "for which maximum possible punishment is by fine only." Tex. Code Crim. Proc. Ann. art. 27.14(b)-(d) (Vernon Supp. 2006). Such cases are tried exclusively in justice and municipal courts. Id. arts. 4.11, .14 (Vernon 2005). Article 45.019 describes the requisites of a complaint in justice or municipal court. Id. art. 45.019. Indeed, the entirety of chapter 45 of the Code of Criminal Procedure is devoted to justice and municipal courts. See, e.g., art. 45.002 (Vernon Supp. 2006) ("Criminal proceedings in the justice and municipal courts shall be conducted in accordance with this chapter . . . .").

Likewise, chapter 706 of the Transportation Code makes clear that the term "citation" is limited in that chapter to traffic offenses, which are classified as Class C misdemeanors. Section 706.003 provides:

(a) If a political subdivision has contracted with the department, a peace officer authorized to issue a citation in the jurisdiction of the political subdivision shall issue a written warning to each person to whom the officer issues a citation for a violation of a traffic law in the jurisdiction of the political subdivision.

(b) The warning under Subsection (a):

(1) is in addition to any other warning required by law;

(2) must state in substance that if the person fails to appear in court as provided by law 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 renewal of the person's driver's license; and

(3) may be printed on the same instrument as the citation.

Tex. Transp. Code Ann. § 706.003 (Vernon Supp. 2006) (emphasis added).

The goal of statutory construction is to give effect to the legislature's intent, and courts accomplish this by looking to the plain and common meaning of the words and terms the legislature uses. See Lenz v. Lenz, 79 S.W.3d 10, 19 (Tex. 2002). Moreover, the Code Construction Act declares that, "[i]n enacting a statute, it is presumed that . . . the entire statute is intended to be effective." Tex. Gov't Code Ann. § 311.021 (Vernon 2005). The failure to appear portion of section 706.002(a) is circumscribed by the words "complaint" and "citation," and because these terms have specifically defined meanings for purposes of chapter 706, we cannot apply the failure to appear portion of section 706.002(a) to every matter "involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure." Tex. Transp. Code Ann. § 706.002(a) (Vernon Supp. 2006). Rather, we must conclude that, for purposes of failure to appear, the applicable offenses must be only those that arise in a justice or municipal court. Such a construction still allows us to give effect to the 2003 amendment: The department may deny renewal of the driver's license of a person who "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 a court has jurisdiction of under Chapter 4, Code of Criminal Procedure." Id. In sum, when a defendant fails to pay a fine and court cost in any court with criminal jurisdiction, the department may deny renewal of the driver's license of that defendant.

We conclude that the department may deny the renewal of a driver's license to any person who fails to appear in a justice or municipal court, but may not deny renewal to any person who fails to appear in a county or district court. The department may deny renewal of a driver's license to any person who fails to pay or satisfy a judgment ordering payment of a fine and costs for an offense in any court that has criminal jurisdiction.

In answer to your specific questions, the failure to appear system is not limited to traffic tickets. It is available for all offenses that arise in a justice or municipal court. On the other hand, unlike the failure to pay fines and costs, the failure to appear system may not be used for offenses that arise in any other court.

SUMMARY

The failure to appear system is not limited to traffic tickets. It is available for all offenses that arise in a justice or municipal court. On the other hand, unlike the failure to pay fines and costs, the failure to appear system may not be used for offenses that arise in any other court.

KENT C. SULLIVAN
First Assistant Attorney General

ELLEN L. WITT
Deputy Attorney General for Legal Counsel

NANCY S. FULLER
Chair, Opinion Committee

Rick Gilpin
Assistant Attorney General, Opinion Committee

Footnotes

1. See Letter from Honorable Jeri Yenne, Brazoria County Criminal District Attorney, to Honorable Greg Abbott, Attorney General of Texas (Apr. 20, 2006) (on file with the Opinion Committee, also available at http://www.oag.state.tx.us) [hereinafter Request Letter].