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 –918 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 – 665 –Counties – 225 (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 – 2,103,216

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