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

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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

13. 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

14. 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

15. 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

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