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

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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

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

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

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

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 program1

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

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

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

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

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 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

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

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

    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 program2

    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 program3

    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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