Texas Transportation Code 706.005 – Clearance Notice to Department
(a) A political subdivision shall immediately notify the department that there is no cause to continue to deny renewal of a person‘s driver’s license based on the person’s previous failure to appear or failure to pay or satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the court in a matter involving an offense described by § 706.002(a), on payment of a reimbursement fee, or on a finding by the court that the person is indigent and not required to pay a reimbursement fee, as provided by § 706.006 and:
(1) the perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose;
(2) the dismissal of the charge for which the warrant of arrest was issued or judgment arose, other than a dismissal with prejudice by motion of the appropriate prosecuting attorney for lack of evidence;
(3) the posting of bond or the giving of other security to reinstate the charge for which the warrant was issued;
(4) the payment or discharge of the fine and cost owed on an outstanding judgment of the court; or
(5) other suitable arrangement to satisfy the fine and cost within the court’s discretion.
(b) The department may not continue to deny the renewal of the person’s driver’s license under this chapter after the department receives notice:
(1) under Subsection (a);
(2) that the person was acquitted of the charge on which the person failed to appear;
(3) that the charge on which the person failed to appear was dismissed with prejudice by motion of the appropriate prosecuting attorney for lack of evidence; or
(4) from the political subdivision that the failure to appear report or court order to pay a fine or cost relating to the person:
(A) was sent to the department in error; or
(B) has been destroyed in accordance with the political subdivision’s records retention policy.
Terms Used In Texas Transportation Code 706.005
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005