Texas 2017 - 85th Regular

Texas House Bill HB2934 Compare Versions

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

Old	New	Differences
1	1	85R12849 AJZ-D
2	2	By: Thompson of Harris H.B. No. 2934
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the civil consequences imposed on persons arrested for,
8	8	charged with, or convicted of certain criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 502.010, Transportation Code, is amended
11	11	by amending Subsection (a) and adding Subsections (b-1), (f-2),
12	12	(i), and (j) to read as follows:
13	13	(a) Except as otherwise provided by this section, a [A]
14	14	county assessor-collector or the department may refuse to register
15	15	a motor vehicle if the assessor-collector or the department
16	16	receives information that the owner of the vehicle:
17	17	(1) owes the county money for a fine, fee, or tax that
18	18	is past due; or
19	19	(2) failed to appear in connection with a complaint,
20	20	citation, information, or indictment in a court in the county in
21	21	which a criminal proceeding is pending against the owner.
22	22	(b-1) Information that is provided to make a determination
23	23	under Subsection (a)(1) and that concerns the past due status of a
24	24	fine or fee imposed for a criminal offense and owed to the county
25	25	expires on the second anniversary of the date the information was
26	26	provided and may not be resubmitted or used to refuse registration
27	27	after that date. Once information about a past due fine or fee is
28	28	provided under Subsection (b), subsequent information about other
29	29	fines or fees that are imposed for a criminal offense and that
30	30	become past due before the second anniversary of the date the
31	31	initial information was provided may not be used, either before or
32	32	after the second anniversary of that date, to refuse registration
33	33	under this section unless, at the time the fine or fee becomes past
34	34	due, the motor vehicle is no longer subject to refusal of
35	35	registration because of notice received under Subsection (c).
36	36	(f-2) On payment or other means of discharge of a past due
37	37	fine or fee that was imposed for a criminal offense, payment of the
38	38	additional fee under Subsection (f)(1) may be waived by the county
39	39	in which the fine or fee was owed or the court having jurisdiction
40	40	over the offense.
41	41	(i) If the court having jurisdiction over an offense for
42	42	which a fine or fee was imposed makes a finding that the defendant
43	43	is financially unable to pay the entire fine or fee:
44	44	(1) the court shall notify the county
45	45	assessor-collector of the county in which the defendant intends to
46	46	register the motor vehicle and the department of the finding;
47	47	(2) a county assessor-collector or the department may
48	48	not refuse to register the defendant's motor vehicle under this
49	49	section; and
50	50	(3) a county may not impose an additional fee on the
51	51	defendant under Subsection (f).
52	52	(j) For purposes of Subsection (i), a court:
53	53	(1) shall find a defendant financially unable to pay a
54	54	fine or fee if the defendant is:
55	55	(A) paying an existing fine or fee in specified
56	56	portions at designated intervals; or
57	57	(B) performing community service in lieu of
58	58	payment; and
59	59	(2) may find a defendant financially unable to pay a
60	60	fine or fee after considering any information that the court
61	61	considers appropriate.
62	62	SECTION 2. Section 502.010(f), Transportation Code, as
63	63	amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of
64	64	the 82nd Legislature, Regular Session, 2011, is reenacted and
65	65	amended to read as follows:
66	66	(f) Except as otherwise provided by this section, a [A]
67	67	county that has a contract under Subsection (b) may impose an
68	68	additional fee of $20 to:
69	69	(1) a person who fails to pay a fine, fee, or tax to the
70	70	county by the date on which the fine, fee, or tax is due; or
71	71	(2) a person who fails to appear in connection with a
72	72	complaint, citation, information, or indictment in a court in which
73	73	a criminal proceeding is pending against the owner. [The
74	74	additional fee may be used only to reimburse the department or the
75	75	county for its expenses for providing services under the contract.]
76	76	SECTION 3. Chapter 706, Transportation Code, is amended by
77	77	adding Section 706.0011 to read as follows:
78	78	Sec. 706.0011. FINDING BY COURT OF INABILITY TO PAY. (a)
79	79	If the court having jurisdiction over an offense for which a fine
80	80	and cost were imposed makes a finding that the defendant is
81	81	indigent, has insufficient resources or income to pay the fine and
82	82	cost, or is otherwise unable to pay the fine and cost:
83	83	(1) the court shall notify the department of the
84	84	finding;
85	85	(2) the department may not deny renewal of the
86	86	defendant's license under this chapter; and
87	87	(3) an administrative fee may not be imposed on the
88	88	defendant under Section 706.006.
89	89	(b) For purposes of Subsection (a), a court:
90	90	(1) shall presume a defendant is unable to pay a fine
91	91	or fee if the defendant is:
92	92	(A) paying an existing fine or fee in specified
93	93	portions at designated intervals; or
94	94	(B) performing community service in lieu of
95	95	payment; and
96	96	(2) may find a defendant financially unable to pay a
97	97	fine or fee after considering any information that the court
98	98	considers appropriate.
99	99	SECTION 4. Section 706.004, Transportation Code, is amended
100	100	by adding Subsections (c) and (d) to read as follows:
101	101	(c) Notwithstanding Subsection (a), the department may deny
102	102	renewal of a person's driver's license under this section only until
103	103	the earlier of:
104	104	(1) the date the department receives clearance notice
105	105	under Section 706.005; or
106	106	(2) the second anniversary of the date the person
107	107	failed to appear or failed to pay or satisfy a judgment.
108	108	(d) Information that is provided to the department under
109	109	Subsection (a) expires on the second anniversary of the date the
110	110	information was provided and may not be resubmitted or used to
111	111	refuse renewal of a driver's license after that date. Once
112	112	information is provided under Subsection (a), subsequent
113	113	information about another failure to appear or other fines or fees
114	114	that are imposed for a criminal offense and that become past due
115	115	before the second anniversary of the date the initial information
116	116	was provided may not be used, either before or after the second
117	117	anniversary of that date, to refuse renewal of a driver's license.
118	118	SECTION 5. Section 706.006, Transportation Code, is amended
119	119	by amending Subsections (a), (b), and (c) and adding Subsections
120	120	(d) and (e) to read as follows:
121	121	(a) Except as provided by Subsection (e), a [A] person who
122	122	fails to appear for a complaint or citation for an offense described
123	123	by Section 706.002(a) shall be required to pay an administrative
124	124	fee of $30 for all complaints or citations that are issued for
125	125	offenses arising from the same criminal episode and are [each
126	126	complaint or citation] reported to the department under this
127	127	chapter, unless the person is acquitted of the charges for which the
128	128	person failed to appear or those charges are dismissed. The person
129	129	shall pay the fee when:
130	130	(1) the court enters judgment on the underlying
131	131	offense reported to the department; or
132	132	(2) [the underlying offense is dismissed; or
133	133	[(3)] bond or other security is posted to reinstate
134	134	the charge for which the warrant was issued.
135	135	(b) Except as provided by Subsection (e), a [A] person who
136	136	fails to pay or satisfy a judgment ordering the payment of a fine
137	137	and cost in the manner the court orders shall be required to pay an
138	138	administrative fee of $30.
139	139	(c) The department may deny renewal of the driver's license
140	140	of a person who does not pay a fee due under this section until the
141	141	earlier of:
142	142	(1) the date the fee is paid; or
143	143	(2) the second anniversary of the date the person
144	144	failed to appear or failed to pay or satisfy a judgment.
145	145	(d) The fee required by this section is in addition to any
146	146	other fee required by law.
147	147	(e) A municipal court judge or justice of the peace who has
148	148	jurisdiction over the underlying offense may waive an
149	149	administrative fee required by this section.
150	150	SECTION 6. Section 708.152, Transportation Code, is amended
151	151	by amending Subsection (b) and adding Subsection (c) to read as
152	152	follows:
153	153	(b) A license suspended under this section remains
154	154	suspended until the earlier of:
155	155	(1) the date the person pays the amount of the
156	156	surcharge and any related costs; or
157	157	(2) the second anniversary of the date of suspension.
158	158	(c) A surcharge that becomes past due before the second
159	159	anniversary of suspension under Subsection (b) may not be used,
160	160	either before or after the second anniversary of that date, to
161	161	suspend that person's driver's license under this section unless,
162	162	at the time the surcharge became past due, the person's driver's
163	163	license was no longer subject to suspension under this section.
164	164	SECTION 7. Section 708.154(c), Transportation Code, is
165	165	amended to read as follows:
166	166	(c) A license suspended under this section remains
167	167	suspended until the earlier of:
168	168	(1) the date the person pays the amount of the
169	169	surcharge and any related costs; or
170	170	(2) the second anniversary of the date of suspension.
171	171	SECTION 8. The changes in law made by this Act apply to an
172	172	offense committed before, on, or after the effective date of this
173	173	Act.
174	174	SECTION 9. This Act takes effect September 1, 2017.