Department of public safety s failure to appear failure to pay program
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Department of Public Safety’s Failure to Appear/Failure to Pay Program PowerPoint PPT Presentation


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Department of Public Safety’s Failure to Appear/Failure to Pay Program. Presented by Charles A. Brothers OmniBase 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

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Department of Public Safety’s Failure to Appear/Failure to Pay Program

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Department of Public Safety’s Failure to Appear/Failure to Pay Program

Presented by Charles A. Brothers

OmniBase 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 OmniBase 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 OmniBase (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


OmniBase Services of Texas

  • OmniBase Services –

    • Vendor selected by DPS

  • OmniBase 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

  • OmniBase checks DL#, dob & last name

  • Delivers to DPS for flagging

  • DPS advises flagged

  • OmniBase sends letter to violator

  • OmniBase advises jurisdiction of flag

  • Jurisdiction says resolved – 5 business days

  • OmniBase advises DPS to remove flag


How Do I Start?

  • Jurisdiction approves Interlocal Contract –

    • signed by Mayor/City Mgr.

  • Provides Information Sheet to OmniBase

    • Gives address/phone number for violators

    • Staff/contact information

  • TXDPS must approve the contract

    • Notifies OmniBase of approved contract

  • OmniBase

    • 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

    OmniBase Services of Texas

    7320 North Mopac, Suite 310

    Austin, Texas 78731

    512/346-6511

    www.omnibase.com


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