Texas 2015 - 84th Regular

Texas House Bill HB556 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R3591 MK-D
2	2	By: Springer H.B. No. 556
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to juvenile probation fees and court costs imposed by a
8	8	juvenile court; increasing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 54.0411(a), Family Code, is amended to
11	11	read as follows:
12	12	(a) If a disposition hearing is held under Section 54.04 [of
13	13	this code], the juvenile court, after giving the child, parent, or
14	14	other person responsible for the child's support a reasonable
15	15	opportunity to be heard and after a determination of financial
16	16	ability to pay, may, at the court's discretion, [shall] order the
17	17	child, parent, or other person[, if financially able to do so,] to
18	18	pay a fee as costs of court of:
19	19	(1) $20 for the child's first disposition hearing; or
20	20	(2) not more than $300 for the child's second or
21	21	subsequent disposition hearing.
22	22	SECTION 2. Section 54.061(a), Family Code, is amended to
23	23	read as follows:
24	24	(a) If a child is placed on probation under Section
25	25	54.04(d)(1) [of this code], the juvenile court, after giving the
26	26	child, parent, or other person responsible for the child's support
27	27	a reasonable opportunity to be heard and after a determination of
28	28	financial ability to pay, may, at the court's discretion, [shall]
29	29	order the child, parent, or other person[, if financially able to do
30	30	so,] to pay to the court a fee of not more than:
31	31	(1) $15 a month during the period that the child
32	32	continues on probation for the child's first adjudication of
33	33	delinquent conduct or conduct in need of supervision; or
34	34	(2) $60 a month during the period that the child
35	35	continues on probation for the child's second or subsequent
36	36	adjudication of delinquent conduct or conduct in need of
37	37	supervision.
38	38	SECTION 3. Section 103.0212, Government Code, is amended to
39	39	read as follows:
40	40	Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
41	41	CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to
42	42	a civil suit, as applicable, shall pay the following fees and costs
43	43	under the Family Code if ordered by the court or otherwise required:
44	44	(1) in family matters:
45	45	(A) issuing writ of withholding (Sec. 8.262,
46	46	Family Code) . . . $15;
47	47	(B) filing copy of writ of withholding to
48	48	subsequent employer (Sec. 8.267, Family Code) . . . $15;
49	49	(C) issuing and delivering modified writ of
50	50	withholding or notice of termination (Sec. 8.302, Family Code)
51	51	. . . $15;
52	52	(D) issuing and delivering notice of termination
53	53	of withholding (Sec. 8.303, Family Code) . . . $15;
54	54	(E) issuance of change of name certificate (Sec.
55	55	45.106, Family Code) . . . $10;
56	56	(F) protective order fee (Sec. 81.003, Family
57	57	Code) . . . $16;
58	58	(G) filing suit requesting adoption of child
59	59	(Sec. 108.006, Family Code) . . . $15;
60	60	(H) filing fees for suits affecting parent-child
61	61	relationship (Sec. 110.002, Family Code):
62	62	(i) suit or motion for modification (Sec.
63	63	110.002, Family Code) . . . $15;
64	64	(ii) motion for enforcement (Sec. 110.002,
65	65	Family Code) . . . $15;
66	66	(iii) notice of application for judicial
67	67	writ of withholding (Sec. 110.002, Family Code) . . . $15;
68	68	(iv) motion to transfer (Sec. 110.002,
69	69	Family Code) . . . $15;
70	70	(v) petition for license suspension (Sec.
71	71	110.002, Family Code) . . . $15;
72	72	(vi) motion to revoke a stay of license
73	73	suspension (Sec. 110.002, Family Code) . . . $15; and
74	74	(vii) motion for contempt (Sec. 110.002,
75	75	Family Code) . . . $15;
76	76	(I) order or writ of income withholding to be
77	77	delivered to employer (Sec. 110.004, Family Code) . . . not to
78	78	exceed $15;
79	79	(J) filing fee for transferred case (Sec.
80	80	110.005, Family Code) . . . $45;
81	81	(K) filing a writ of withholding (Sec. 158.319,
82	82	Family Code) . . . $15;
83	83	(L) filing a request for modified writ of
84	84	withholding or notice of termination (Sec. 158.403, Family Code)
85	85	. . . not to exceed $15;
86	86	(M) filing an administrative writ to employer
87	87	(Sec. 158.503, Family Code) . . . not to exceed $15; and
88	88	(N) genetic testing fees in relation to a child
89	89	born to a gestational mother (Sec. 160.762, Family Code) . . . as
90	90	assessed by the court; and
91	91	(2) in juvenile court:
92	92	(A) fee schedule for deferred prosecution
93	93	services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
94	94	(B) a request fee for a teen court program (Sec.
95	95	54.032, Family Code) . . . $20, if the court ordering the fee is
96	96	located in the Texas-Louisiana border region, but otherwise not to
97	97	exceed $10;
98	98	(C) court costs for juvenile probation diversion
99	99	fund (Sec. 54.0411, Family Code) . . . $20 for a child's first
100	100	disposition hearing or not to exceed $300 for a child's second or
101	101	subsequent disposition hearing;
102	102	(D) a juvenile delinquency prevention fee (Sec.
103	103	54.0461, Family Code) . . . $50;
104	104	(E) a court fee for child's probationary period
105	105	(Sec. 54.061, Family Code) . . . not to exceed $15 a month for the
106	106	first adjudication or not to exceed $60 a month for the second or
107	107	subsequent adjudication;
108	108	(F) a fee to cover costs of required duties of
109	109	teen court (Sec. 54.032, Family Code) . . . $20, if the court
110	110	ordering the fee is located in the Texas-Louisiana border region,
111	111	but otherwise not to exceed $10;
112	112	(G) a fee for DNA testing on commitment to
113	113	certain facilities (Sec. 54.0462, Family Code) . . . $50;
114	114	(H) a fee for DNA testing after placement on
115	115	probation or as otherwise required by law (Sec. 54.0462, Family
116	116	Code) . . . $34;
117	117	(I) a program fee for a teen dating violence
118	118	court program (Sec. 54.0325, Family Code) . . . $10; and
119	119	(J) a fee to cover the cost to the court of
120	120	administering a teen dating violence court program (Sec. 54.0325,
121	121	Family Code) . . . not to exceed $10.
122	122	SECTION 4. The changes in law made by this Act apply only to
123	123	a fee or court cost imposed in a juvenile case for conduct violating
124	124	a penal law that occurs on or after the effective date of this Act.
125	125	Conduct that occurs before the effective date of this Act is
126	126	governed by the law in effect on the date the conduct occurred, and
127	127	the former law is continued in effect for that purpose. For purposes
128	128	of this section, conduct violating a penal law occurred before the
129	129	effective date of this Act if any element of the violation occurred
130	130	before that date.
131	131	SECTION 5. Section 51.607, Government Code, does not apply
132	132	to the change in the amount of fees or court costs made by this Act.
133	133	SECTION 6. This Act takes effect September 1, 2015.