Title
Consider a memorandum/resolution authorizing an Interlocal Agreement with Department of Public Safety (DPS) for Failure to Appear Program.
Body
DATE: March 19, 2024
TO: Kent Cagle, City Manager
FROM: Kris B Krishna, Executive Director of Municipal Court
SUBJECT: Interlocal Agreement with Texas Department of Public Safety
BACKGROUND AND FINDINGS:
The Failure to Appear Program, permitted under Texas Transportation Code 706.002, allows the Department of Public Safety (DPS) to contract with a political subdivision 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 of the court. The DPS contracts with a third-party vendor to oversee this automated system.
This contract requires an interlocal agreement in compliance with Chapter 791, Government Code and the Texas Transportation Code 706.008. The contract is subject to the ability of the parties to pay the third-party vendor services required under the contract. An interlocal agreement with the DPS is currently in place. The agreement was originally signed in 2004 and then amended in 2012 in compliance with changes implemented with the 82nd Legislative Session; and then amended in 2020 in compliance with the changes implemented in the 86th Legislative Session.
Due to changes occurring in the 88th Legislative Session, DPS revised the Failure to Appear Interlocal Cooperation Contract (ICC) to conform with the legislative mandates. The first change is to the language and restructuring of the original ICC to provide clarity regarding responsibilities held by each party. Next, the inclusion of indigency into the program as mandated by House Bill 291. Finally, language to account for future changes to the current statute ensuring the ICC remains in compliance with the latest legal requirements until a revised ICC is available. These changes require a new contrac...
Click here for full text