85R12849 AJZ-D
By: Thompson of Harris H.B. No. 2934
A BILL TO BE ENTITLED
AN ACT
relating to the civil consequences imposed on persons arrested for,
charged with, or convicted of certain criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.010, Transportation Code, is amended
by amending Subsection (a) and adding Subsections (b-1), (f-2),
(i), and (j) to read as follows:
(a) Except as otherwise provided by this section, a [A]
county assessor-collector or the department may refuse to register
a motor vehicle if the assessor-collector or the department
receives information that the owner of the vehicle:
(1) owes the county money for a fine, fee, or tax that
is past due; or
(2) failed to appear in connection with a complaint,
citation, information, or indictment in a court in the county in
which a criminal proceeding is pending against the owner.
(b-1) Information that is provided to make a determination
under Subsection (a)(1) and that concerns the past due status of a
fine or fee imposed for a criminal offense and owed to the county
expires on the second anniversary of the date the information was
provided and may not be resubmitted or used to refuse registration
after that date. Once information about a past due fine or fee is
provided under Subsection (b), subsequent information about other
fines or fees that are imposed for a criminal offense and that
become past due before the second anniversary of the date the
initial information was provided may not be used, either before or
after the second anniversary of that date, to refuse registration
under this section unless, at the time the fine or fee becomes past
due, the motor vehicle is no longer subject to refusal of
registration because of notice received under Subsection (c).
(f-2) On payment or other means of discharge of a past due
fine or fee that was imposed for a criminal offense, payment of the
additional fee under Subsection (f)(1) may be waived by the county
in which the fine or fee was owed or the court having jurisdiction
over the offense.
(i) If the court having jurisdiction over an offense for
which a fine or fee was imposed makes a finding that the defendant
is financially unable to pay the entire fine or fee:
(1) the court shall notify the county
assessor-collector of the county in which the defendant intends to
register the motor vehicle and the department of the finding;
(2) a county assessor-collector or the department may
not refuse to register the defendant's motor vehicle under this
section; and
(3) a county may not impose an additional fee on the
defendant under Subsection (f).
(j) For purposes of Subsection (i), a court:
(1) shall find a defendant financially unable to pay a
fine or fee if the defendant is:
(A) paying an existing fine or fee in specified
portions at designated intervals; or
(B) performing community service in lieu of
payment; and
(2) may find a defendant financially unable to pay a
fine or fee after considering any information that the court
considers appropriate.
SECTION 2. Section 502.010(f), Transportation Code, as
amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of
the 82nd Legislature, Regular Session, 2011, is reenacted and
amended to read as follows:
(f) Except as otherwise provided by this section, a [A]
county that has a contract under Subsection (b) may impose an
additional fee of $20 to:
(1) a person who fails to pay a fine, fee, or tax to the
county by the date on which the fine, fee, or tax is due; or
(2) a person who fails to appear in connection with a
complaint, citation, information, or indictment in a court in which
a criminal proceeding is pending against the owner. [The
additional fee may be used only to reimburse the department or the
county for its expenses for providing services under the contract.]
SECTION 3. Chapter 706, Transportation Code, is amended by
adding Section 706.0011 to read as follows:
Sec. 706.0011. FINDING BY COURT OF INABILITY TO PAY. (a)
If the court having jurisdiction over an offense for which a fine
and cost were imposed makes a finding that the defendant is
indigent, has insufficient resources or income to pay the fine and
cost, or is otherwise unable to pay the fine and cost:
(1) the court shall notify the department of the
finding;
(2) the department may not deny renewal of the
defendant's license under this chapter; and
(3) an administrative fee may not be imposed on the
defendant under Section 706.006.
(b) For purposes of Subsection (a), a court:
(1) shall presume a defendant is unable to pay a fine
or fee if the defendant is:
(A) paying an existing fine or fee in specified
portions at designated intervals; or
(B) performing community service in lieu of
payment; and
(2) may find a defendant financially unable to pay a
fine or fee after considering any information that the court
considers appropriate.
SECTION 4. Section 706.004, Transportation Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) Notwithstanding Subsection (a), the department may deny
renewal of a person's driver's license under this section only until
the earlier of:
(1) the date the department receives clearance notice
under Section 706.005; or
(2) the second anniversary of the date the person
failed to appear or failed to pay or satisfy a judgment.
(d) Information that is provided to the department under
Subsection (a) expires on the second anniversary of the date the
information was provided and may not be resubmitted or used to
refuse renewal of a driver's license after that date. Once
information is provided under Subsection (a), subsequent
information about another failure to appear or other fines or fees
that are imposed for a criminal offense and that become past due
before the second anniversary of the date the initial information
was provided may not be used, either before or after the second
anniversary of that date, to refuse renewal of a driver's license.
SECTION 5. Section 706.006, Transportation Code, is amended
by amending Subsections (a), (b), and (c) and adding Subsections
(d) and (e) to read as follows:
(a) Except as provided by Subsection (e), a [A] person who
fails to appear for a complaint or citation for an offense described
by Section 706.002(a) shall be required to pay an administrative
fee of $30 for all complaints or citations that are issued for
offenses arising from the same criminal episode and are [each
complaint or citation] reported to the department under this
chapter, unless the person is acquitted of the charges for which the
person failed to appear or those charges are dismissed. The person
shall pay the fee when:
(1) the court enters judgment on the underlying
offense reported to the department; or
(2) [the underlying offense is dismissed; or
[(3)] bond or other security is posted to reinstate
the charge for which the warrant was issued.
(b) Except as provided by Subsection (e), a [A] person who
fails to pay or satisfy a judgment ordering the payment of a fine
and cost in the manner the court orders shall be required to pay an
administrative fee of $30.
(c) The department may deny renewal of the driver's license
of a person who does not pay a fee due under this section until the
earlier of:
(1) the date the fee is paid; or
(2) the second anniversary of the date the person
failed to appear or failed to pay or satisfy a judgment.
(d) The fee required by this section is in addition to any
other fee required by law.
(e) A municipal court judge or justice of the peace who has
jurisdiction over the underlying offense may waive an
administrative fee required by this section.
SECTION 6. Section 708.152, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A license suspended under this section remains
suspended until the earlier of:
(1) the date the person pays the amount of the
surcharge and any related costs; or
(2) the second anniversary of the date of suspension.
(c) A surcharge that becomes past due before the second
anniversary of suspension under Subsection (b) may not be used,
either before or after the second anniversary of that date, to
suspend that person's driver's license under this section unless,
at the time the surcharge became past due, the person's driver's
license was no longer subject to suspension under this section.
SECTION 7. Section 708.154(c), Transportation Code, is
amended to read as follows:
(c) A license suspended under this section remains
suspended until the earlier of:
(1) the date the person pays the amount of the
surcharge and any related costs; or
(2) the second anniversary of the date of suspension.
SECTION 8. The changes in law made by this Act apply to an
offense committed before, on, or after the effective date of this
Act.
SECTION 9. This Act takes effect September 1, 2017.