True or False
Courts are required to keep and maintain certain information on defendants charged with traffic violations.
True (the court is required to submit traffic conviction reports to DPS).
True or False
Courts must report nonresident defendants convicted of traffic violations within six months.
True.
True or False
Courts must report to DPS forfeitures of bail on defendants charged with traffic violations even though the defendant has not been convicted.
True.
True or False
Courts must report dismissals when a defendant charged with a traffic offense completes deferred disposition.
False (courts do report when a defendant completes a driving safety course, not a deferred disposition).
True or False
If a court fails to report traffic convictions to DPS, the judge or clerk could be removed from office for misconduct.
True.
True or False
Courts must report traffic convictions not later than the seventh day of conviction.
True.
When a defendant is charged with an Alcoholic Beverage Code offense, what events trigger required DPS reporting?
The court is required to report the: • conviction: • orders of the driver’s license suspension; and • failure to complete the alcohol awareness/substance misuse education program or community service; and failure to pay a violation of a court order; • failure to appear; • orders of deferred; and • acquittals of driving under the influence of an alcoholic beverage (minor).
When is a suspension or denial of a driver’s license for a conviction of an Alcoholic Beverage Code offense effective?
It is effective 11 days after the judgment is entered.
What DPS form does the court use to report a conviction for an Alcoholic Beverage Code offense?
The DL-115.
What is the maximum driver’s license suspension length a judge can order when a defendant fails to complete an alcohol awareness program?
Not to exceed six months.
What form is the court required to use to notify DPS of the court’s order suspending the driver’s license of a defendant who failed to complete the alcohol awareness program?
The DL-115.
When can the court order a driver’s license suspension for a defendant under 17 who fails to pay a fine and costs?
The court can order DPS to suspend or deny issuance of the driver’s license when a person fails to pay or violates a court order after conducting a contempt hearing under Article 45.050/45A.461 of the Code of Criminal Procedure, retaining jurisdiction, and ordering the suspension as a sanction.
When a defendant charged with an Alcoholic Beverage Code offense is granted deferred disposition, what must the court report to DPS?
The court must report that deferred disposition was granted and the date granted.
If a defendant is found not guilty of the offense of driving under the influence of alcohol by a minor, what is the court required to report to DPS?
The court is required to report the acquittal to DPS.
Although the offense of possession of an alcoholic beverage in a motor vehicle is a Penal Code offense, what is the court required to report to DPS?
Courts must report a conviction of this offense in the same manner as traffic offenses.
What is the court required to report for conviction of theft of gasoline?
The court is required to report convictions to DPS. When a judgment is entered for this offense, the court is required to note an affirmative finding in the judgment. If the offense is a subsequent offense, the court is required to enter a special affirmative finding. When DPS receives the second conviction report, DPS will suspend the driver’s license.
Who is required to keep a record of defendants charged with traffic offenses?
Each magistrate, judge of a court of non-record, and clerk of a court of record is required to keep records of persons charged with traffic offenses.
Who may keep the records of defendants charged with traffic offenses?
Since keeping records is a ministerial duty, usually the clerk of the court maintains all the records including those cases where a traffic offense is charged.
True or False
The court must report final judgments on bond forfeitures for traffic offenses.
True.
True or False
The court must notify DPS of convictions for city ordinance traffic offenses.
True.
True or False
When a defendant is granted a time payment plan to pay a fine, the court waits until the final payment before reporting the conviction to the DPS.
False.
True or False
The court is required to send notice of all traffic convictions to DPS.
False (the court must submit the report within seven days of the judgment).
True or False
When a defendant discharges a traffic fine by community service, the court does not report that traffic conviction to DPS because the court did not collect any money.
False (the defendant remains convicted of the traffic offense, even if the fine was discharged through community service).
List information to be reported to DPS on drivers of CMVs.
Section 543.202 of the Transportation Code requires that the DR-18 report of traffic convictions of commercial drivers operating a commercial motor vehicle contain the following additional information:
• commercial driver’s license number and social security number, if available;
• the fact that the vehicle was a commercial motor vehicle;
• whether the vehicle was involved in the transporting of hazardous materials; and
• date and nature of offense, including whether the offense was a serious traffic offense as defined in Section 522.003(25) of the Transportation Code (Serious traffic offenses arise from excessive speeding 15 mph over the posted limit or more; reckless driving; violations of state and local traffic laws other than parking, weight, or vehicle defect violations, arising in connection with a fatal accident; improper or erratic lane change; or following too closely.)
When a defendant is convicted of an offense that requires automatic driver’s license suspension, what may the court do with the defendant’s driver’s license?
The court may require the defendant to surrender all of his or her driver’s licenses. If the court takes a license, the clerk must not later than the 10th day after the license is surrendered forward the license together with a record of the conviction to DPS.
For offenses that require automatic driver’s license suspension, what is the minimum and maximum amount of time the court may suspend the license?
Not less than 90 days or more than one year.
When a defendant is convicted of an offense that requires an automatic driver’s license suspension, what form must the court use to report that conviction?
Courts are required to report on DPS form DIC-21.
When a court reports to the DPS a defendant’s completion of a driving safety course, what information must the court report?
The date that the defendant completed the driving safety course.
What must the court report when a defendant charged with a traffic offense completes teen court?
The date the defendant completed the teen court program.
What does a court do when a defendant under the age of 17 fails to appear or fails to pay a fine for a traffic offense?
The municipal court conducts a contempt hearing. If the court retains jurisdiction of the juvenile and finds the juvenile in contempt, the court may order DPS to suspend or deny issuance of the driver’s license as a sanction of the contempt. Art. 45.050(c)(2)/45A.461(c)(2), C.C.P. This is on the DIC-81 form.
If an out-of-state defendant fails to appear, what can the court do?
The court must first send the defendant notice reminding the defendant to take care of their business with the court. The court waits 15 days for a response from the defendant. The court should use the Nonresident Violator Compact form.
If an out-of-state defendant resolves the case with the court, what is the court required to do?
The court must mail the 4th copy (defendant’s receipt) to the defendant and mail the 5th copy of the notice, which is the notice of withdrawal of suspension to DPS.
List violations committed by an out-of-state violator that the court may not report under the Nonresident Violator Compact.
No action will be taken under the terms of the Nonresident Violator Compact for the following violations:
• offenses which mandate personal appearance;
• moving traffic violations that alone carry a suspension;
• equipment violations;
• inspection violations;
• parking or standing violations;
• size and weight limit violations;
• violations of law governing the transportation of hazardous material;
• lease law violations; and
• registration law violations.
Why should clerks report an out-of-state violator as soon as they fail to appear or fail to pay?
Because DPS may not transmit a report on any violation if the date of the transmission is more than six months after the date on which the traffic citation was issued.
When a court grants deferred disposition to a defendant charged with a traffic offense, what does the court report to DPS?
Nothing. The court only reports a traffic conviction to DPS if the defendant fails to complete the terms of the deferred disposition. The report is submitted after the judge enters a final adjudication in the case (signs the final judgment of guilty).
What happens if a defendant appeals his or her traffic conviction?
The municipal court does not report the conviction to DPS until it is final.
When a defendant convicted of a traffic offense is granted a new trial, when does a court report a conviction?
The court only reports a conviction if the defendant is convicted in the new trial.
What is the Office of Court Administration (OCA)?
The OCA is a state agency and operates under the supervision of the Supreme Court of Texas.
List the names of offices that the city secretary is required to report to the Texas Judicial Council when a person is either elected or appointed to office.
The city secretary must notify the Texas Judicial Council of the name of each person who is elected or appointed as mayor, municipal judge, and clerk of the municipal court.
How long does the city secretary have to make the report?
Within 30 days after the date of the person’s election or appointment.
When is a person presumed to have willfully refused to supply information to the Office of Court Administration?
If an official does not supply the information requested by OCA after a reasonable amount of time, he or she is presumed to have willfully refused the request.
How is the duty to supply information to the Office of Court Administration enforced?
The duty to supply information to OCA may be enforced with a writ of mandamus, an order from a court of superior jurisdiction compelling the municipal judge or clerk to perform a particular act that he or she has a duty to do.
Which courts are not required to submit monthly statistical reports to OCA?
The Supreme Court of Texas and the Texas Court of Criminal Appeals are not required to submit monthly reports.
How often is court activity reported to OCA?
Court activity for each month must be reported to OCA by the 20th day following the end of the month being reported.
What identifying information must the court place on the form?
The court must identify the name of the municipality, the presiding judge, the court clerk, the mailing address of the court, the name of the person actually preparing the report, and the office telephone number of that person.
How often are appointments and fees reported to OCA?
Appointments and fees must be reported to OCA by the 15th day following the end of the month being reported.
What are the two reports that municipal courts must submit to OCA?
Every municipal court is required to submit (1) Monthly Court Activity Report; (2) Appointments and Fees Monthly Report. Both are required even if there is no activity and the reported numbers are zero. They are due, however, on different dates.
If the court has no activity, how does the court report that fact?
If a court does not have activity, the court should not leave the space blank, but should show “zero” activity.
May a city pass an ordinance to collect court costs without authorization by state law?
No.
For the purpose of collecting court costs, how is “conviction” defined?
For the purpose of collecting court costs, Section 133.101 of the Local Government Code defines conviction as:
• a judgment, a sentence, or both a judgment and a sentence imposed on the person;
• the person receives community supervision, deferred adjudication, or deferred disposition; or
• the court defers final disposition of the case or imposition of the judgment and sentence.
When must a city submit a report on court costs to the State?
Court cost reports must be filed with the State by the last day of the month following each calendar quarter.
If the city keeps the court costs in an interest-bearing account, what happens to the interest?
The city may keep the interest if it reports timely.
If the city does not report timely, what happens to the fee that a city may retain?
Cities may not keep the handling fee but must remit it to the State.
Even if the court deposits court costs into the city treasury, what type of records is the court required to keep?
Courts are required to keep separate records of the funds.
True or False
When the court collects only part of the fine and costs, the clerk may allocate all of the money to the fine.
False (collected money goes first to costs).
True or False
Courts may choose to wait until all court costs are collected before remitting them to the State.
False.
True or False
When a court prorates court costs and fees, the costs and fees owed to the State must be paid before the costs and fees retained by the city.
False (collected money is prorated among all costs).
True or False
If a defendant discharges a fine and costs by community service, the city must pay the court costs from the city’s general revenue fund.
False.
True or False
A defendant cannot discharge court costs by jail credit.
False.
True or False
Courts may grant deferred disposition and allow defendants to pay court costs during the deferral.
True.
True or False
If a defendant is granted a driving safety course, the defendant must pay court costs.
True.
When a case is appealed, must the court collect the court costs?
No, because the conviction is not final−it is appealed.
When the Legislature changes court costs, when do the changes apply?
Notwithstanding the effective date of a legislative act, new court costs and fees are effective for offenses committed on or after January 1st following the date of the new law’s effective date. This rule, however, does not apply to a court cost or fee if the legislative act takes effect on or after the January 1st following the regular legislative session that enacted the new cost or fee.
What must a city do if its court does not collect any court costs or fees during a calendar quarter?
The treasurer must still file a report with the Comptroller and report that no fees were collected.
True or False
The State Consolidated Fee is collected on all Class C misdemeanor convictions.
False (on all fine-only offenses other than parking and pedestrian).
True or False
The court keeps a 10 percent handling fee on the Consolidated Fee if remitted and reported timely.
True.
True or False
The State Traffic Fine is collected on all traffic convictions.
False (on all Rules of the Road offenses).
True or False
The court keeps a 5 percent handling fee on the State Traffic Fine.
False (The city keeps four percent. The law changed in 2019. For offenses on or after September 1, 2019, the city keeps four percent. For offenses prior to September 1, 2019, the city keeps five percent).
True or False
The municipal court in a city with a population less than 850,000 is required to collect a fine of up to $5 on parking convictions if the city orders the collection.
False.
True or False
A city with a population of less than 850,000 is not required to order the collection of the parking fine for the Child Safety Fund.
True.
True or False
When a defendant is convicted of a Subtitle C offense in a school-crossing zone, the defendant is required to pay a $25 fine.
True.
True or False
A defendant convicted of passing a school bus does not have to pay a $25 fine to the Child Safety Fund unless the offense occurs within a school-crossing zone.
False.
True or False
A school-crossing zone is a reduced speed zone to facilitate the safe crossing of students in public schools only.
False.
True or False
Someone convicted of the offense of parent contributing to nonattendance does not have to pay a $20 fine for the Child Safety Fund.
False.
True or False
A city with a population of 1.3 million or more is required to use the Child Safety Fund for the purpose of providing school crossing guard services.
True.
True or False
A city with a population of less than 1.3 million must use the money collected for the Child Safety Fund for a school crossing guard program if the city operates one.
True.
True or False
The $3 Traffic Fine court cost must be collected on all traffic convictions.
False (on all Rules of the Road offenses).
True or False
The court must deposit money collected for the Traffic Fine into the city treasury.
True.
True or False
The court is required to assess the $5 arrest reimbursement fee when a defendant is convicted after a warrantless arrest.
True.
True or False
The court is required to assess the $5 arrest reimbursement fee when a defendant is convicted after being issued a citation.
True.
True or False
If a defendant is convicted of the offense of failure to appear, the court is required to assess the $5 arrest reimbursement fee.
False (the offense of failure to appear is initiated by complaint, not a citation).
True or False
The warrant reimbursement fee may be collected only when a peace officer executes or processes the warrant, capias, or capias pro fine.
True.
True or False
If an agency, other than the one issuing the warrant, executes the warrant, that agency may request the $50 reimbursement fee.
True.
True or False
When a peace officer with statewide authority arrests a person, the court is required to remit $10 of the warrant reimbursement fee to the State upon conviction.
True.
True or False
If a city wants to collect a fine not to exceed $25 for the offense of failure to appear, the city must adopt an ordinance authorizing the collection of the fee.
True.
When a peace officer serves a summons on a defendant, how much must the defendant pay if he or she is convicted?
$35
When a peace officer serves a subpoena, how much must a defendant pay if he or she is convicted?
$5
When a peace officer summons a jury, how much must a defendant pay if he or she is convicted?
$5
True or False
When an officer testifies during regular duty hours, the defendant, if convicted, must pay a reimbursement fee for the officer’s time testifying in court.
False.
True or False
When an off-duty peace officer appears at the trial but does not testify, the court may not assess a reimbursement fee for the peace officer appearing for the trial.
True.
If a defendant fails to appear for a jury trial and the court assesses a reimbursement fee for impaneling the jury, how may the defendant be released from paying these costs?
For good cause at a show cause hearing.
What are some items that a clerk may consider when preparing an analysis for costs incurred for summoning and impaneling a jury?
Some items that a clerk may want to consider when preparing the analysis are costs of jury summons (paper and printing costs); costs of envelopes and stamps; and clerks’ salaries.
What is the reimbursement fee that a municipal court of record must assess for an expunction petition filed under Chapter 55/55A of the Code of Criminal Procedure?
The reimbursement fee for an expunction under Chapter 55A is $100.
True or False
The Local Youth Diversion Fund can be used to pay the salary of a court administrator if there is not a juvenile case manager.
False.
True or False
The Building Security Fund may be used for bailiff education, but may not be used to pay for continuing education on court security issues for court clerks.
False. Although the Building Security Fund may be used for x-ray machines and bailiff education, it may also be used for court clerks. See the Practice Tip in the Building Security section. Article 102.017 of the Code of Criminal Procedure allows the fund to be used for “continuing education on security issues for court personnel and security personnel.”
True or False
The purpose of the Building Security Fund is to provide all city buildings with security.
False.
True or False
The city must use the Building Security Fund to purchase security items for the court.
True.
The Technology Fund may only be assessed if the city establishes the fund by ordinance.
False. The fund is a required allocation as part of the $14 Local Consolidated Fee, which is assessed under state law. Prior to January 1, 2020, the law required cities to pass an ordinance to collect an earlier version of the Building Security Fund.
True or False
The Technology Fee may be used to pay for maintenance of court technology.
True.
True or False
When a city is not within 20 miles of an international border, the city must remit to the State 50 percent of the fines collected for over gross weight violations.
True.
True or False
When a city enforces commercial motor vehicle safety standards, the city may keep fines from these offenses as long as the amount does not exceed 110 percent of the city’s actual expenses for enforcement in the preceding fiscal year.
True.
True or False
The Transportation Code requires all cities to allocate fine money collected for traffic convictions in a certain manner in the city’s budget.
True.
True or False
Cities with a population under 5,000 must pay the State all but $1 of the fines collected for offenses under Title 7 of the Transportation Code after fines and special expenses reach 30 percent of their budget.
True.
True or False
When a parent is convicted of contributing to nonattendance, the city must pay the fine to the school district.
False. The city must only pay one half of the fine to the school district.
True or False
To deny the renewal of driver’s licenses to defendants who fail to appear or fail to pay, cities must contract with DPS.
True.
True or False
When a city contracts with the Texas Department of Motor Vehicles to deny vehicle registration to defendants who fail to pay or appear, the court collects upon conviction a $30 reimbursement fee.
False. The court may assess a $20 fee for “Scofflaw.”
True or False
Vendor contracts can specify any amount of collection fee.
False.
True or False
If a defendant makes a partial payment, the vendor is paid after local and state court costs are paid.
False.