84R3591 MK-D
By: Springer H.B. No. 556
A BILL TO BE ENTITLED
AN ACT
relating to juvenile probation fees and court costs imposed by a
juvenile court; increasing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.0411(a), Family Code, is amended to
read as follows:
(a) If a disposition hearing is held under Section 54.04 [of
this code], the juvenile court, after giving the child, parent, or
other person responsible for the child's support a reasonable
opportunity to be heard and after a determination of financial
ability to pay, may, at the court's discretion, [shall] order the
child, parent, or other person[, if financially able to do so,] to
pay a fee as costs of court of:
(1) $20 for the child's first disposition hearing; or
(2) not more than $300 for the child's second or
subsequent disposition hearing.
SECTION 2. Section 54.061(a), Family Code, is amended to
read as follows:
(a) If a child is placed on probation under Section
54.04(d)(1) [of this code], the juvenile court, after giving the
child, parent, or other person responsible for the child's support
a reasonable opportunity to be heard and after a determination of
financial ability to pay, may, at the court's discretion, [shall]
order the child, parent, or other person[, if financially able to do
so,] to pay to the court a fee of not more than:
(1) $15 a month during the period that the child
continues on probation for the child's first adjudication of
delinquent conduct or conduct in need of supervision; or
(2) $60 a month during the period that the child
continues on probation for the child's second or subsequent
adjudication of delinquent conduct or conduct in need of
supervision.
SECTION 3. Section 103.0212, Government Code, is amended to
read as follows:
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to
a civil suit, as applicable, shall pay the following fees and costs
under the Family Code if ordered by the court or otherwise required:
(1) in family matters:
(A) issuing writ of withholding (Sec. 8.262,
Family Code) . . . $15;
(B) filing copy of writ of withholding to
subsequent employer (Sec. 8.267, Family Code) . . . $15;
(C) issuing and delivering modified writ of
withholding or notice of termination (Sec. 8.302, Family Code)
. . . $15;
(D) issuing and delivering notice of termination
of withholding (Sec. 8.303, Family Code) . . . $15;
(E) issuance of change of name certificate (Sec.
45.106, Family Code) . . . $10;
(F) protective order fee (Sec. 81.003, Family
Code) . . . $16;
(G) filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
(H) filing fees for suits affecting parent-child
relationship (Sec. 110.002, Family Code):
(i) suit or motion for modification (Sec.
110.002, Family Code) . . . $15;
(ii) motion for enforcement (Sec. 110.002,
Family Code) . . . $15;
(iii) notice of application for judicial
writ of withholding (Sec. 110.002, Family Code) . . . $15;
(iv) motion to transfer (Sec. 110.002,
Family Code) . . . $15;
(v) petition for license suspension (Sec.
110.002, Family Code) . . . $15;
(vi) motion to revoke a stay of license
suspension (Sec. 110.002, Family Code) . . . $15; and
(vii) motion for contempt (Sec. 110.002,
Family Code) . . . $15;
(I) order or writ of income withholding to be
delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(J) filing fee for transferred case (Sec.
110.005, Family Code) . . . $45;
(K) filing a writ of withholding (Sec. 158.319,
Family Code) . . . $15;
(L) filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family Code)
. . . not to exceed $15;
(M) filing an administrative writ to employer
(Sec. 158.503, Family Code) . . . not to exceed $15; and
(N) genetic testing fees in relation to a child
born to a gestational mother (Sec. 160.762, Family Code) . . . as
assessed by the court; and
(2) in juvenile court:
(A) fee schedule for deferred prosecution
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
(B) a request fee for a teen court program (Sec.
54.032, Family Code) . . . $20, if the court ordering the fee is
located in the Texas-Louisiana border region, but otherwise not to
exceed $10;
(C) court costs for juvenile probation diversion
fund (Sec. 54.0411, Family Code) . . . $20 for a child's first
disposition hearing or not to exceed $300 for a child's second or
subsequent disposition hearing;
(D) a juvenile delinquency prevention fee (Sec.
54.0461, Family Code) . . . $50;
(E) a court fee for child's probationary period
(Sec. 54.061, Family Code) . . . not to exceed $15 a month for the
first adjudication or not to exceed $60 a month for the second or
subsequent adjudication;
(F) a fee to cover costs of required duties of
teen court (Sec. 54.032, Family Code) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(G) a fee for DNA testing on commitment to
certain facilities (Sec. 54.0462, Family Code) . . . $50;
(H) a fee for DNA testing after placement on
probation or as otherwise required by law (Sec. 54.0462, Family
Code) . . . $34;
(I) a program fee for a teen dating violence
court program (Sec. 54.0325, Family Code) . . . $10; and
(J) a fee to cover the cost to the court of
administering a teen dating violence court program (Sec. 54.0325,
Family Code) . . . not to exceed $10.
SECTION 4. The changes in law made by this Act apply only to
a fee or court cost imposed in a juvenile case for conduct violating
a penal law that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose. For purposes
of this section, conduct violating a penal law occurred before the
effective date of this Act if any element of the violation occurred
before that date.
SECTION 5. Section 51.607, Government Code, does not apply
to the change in the amount of fees or court costs made by this Act.
SECTION 6. This Act takes effect September 1, 2015.