Department of Public Safetys Failure to AppearFailure to

Department of Public Safety’s Failure to Appear/Failure to Pay Program Presented by Charles A. Brothers Omni. Base Services of Texas

The Failure to Appear Problem • 2007 Annual Activity Report of OCA – 914 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 suspend Violator 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 Omni. Base 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 Omni. Base (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

Omni. Base Services of Texas • Omni. Base Services – – Vendor selected by DPS • Omni. Base 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 Omni. Base checks DL#, dob & last name Delivers to DPS for flagging DPS advises flagged Omni. Base sends letter to violator Omni. Base advises jurisdiction of flag Jurisdiction says resolved – 5 business days Omni. Base advises DPS to remove flag

How Do I Start? • Jurisdiction approves Interlocal Contract – • signed by Mayor/City Mgr. – Provides Information Sheet to Omni. Base • Gives address/phone number for violators • Staff/contact information • TXDPS must approve the contract – Notifies Omni. Base of approved contract • Omni. Base – 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 – 661 – Counties – 234 (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, 067, 074

Failure to Appear Program Omni. Base Services of Texas 7320 North Mopac, Suite 310 Austin, Texas 78731 512/346 -6511 www. omnibase. com