By: Fletcher, et al. (Senate Sponsor - Whitmire) H.B. No. 121
(In the Senate - Received from the House May 5, 2015;
May 6, 2015, read first time and referred to Committee on Criminal
Justice; May 13, 2015, reported favorably by the following vote:
Yeas 6, Nays 1; May 13, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to an alternative means of payment of certain past due
criminal fines and court costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 103, Code of Criminal
Procedure, is amended to read as follows:
CHAPTER 103. PAYMENT, COLLECTION, AND RECORDKEEPING
SECTION 2. Chapter 103, Code of Criminal Procedure, is
amended by adding Article 103.0025 to read as follows:
Art. 103.0025. ALTERNATIVE PAYMENT PROCEDURE FOR CERTAIN
PAST DUE FINES AND COSTS. (a) This article applies to a
defendant's past due payment on a judgment for a fine and related
court costs if a capias pro fine has been issued in the case.
(b) Notwithstanding any other provision of law, the court
may adopt an alternative procedure for collecting a past due
payment described by Subsection (a). Under the procedure, a peace
officer who executes a capias pro fine or who is authorized to
arrest a defendant on other grounds and knows that the defendant
owes a past due payment described by Subsection (a):
(1) shall inform the defendant of:
(A) the possibility of making an immediate
payment of the fine and related court costs by use of a credit or
debit card; and
(B) the defendant's available alternatives to
making an immediate payment; and
(2) may accept, on behalf of the court, the defendant's
immediate payment of the fine and related court costs by use of a
credit or debit card, after which the peace officer may release the
defendant as appropriate based on the officer's authority for the
arrest.
(c) A peace officer accepting a payment under Subsection
(b)(2) may also accept payment for fees for the issuance and
execution of the capias pro fine.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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