Texas 2017 - 85th Regular

Texas House Bill HB3519 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~85R25334~~ LHC-D
	1	+	85R3588 LHC-D
2	2		By: White H.B. No. 3519
3		-	Substitute the following for H.B. No. 3519:
4		-	By: Dutton C.S.H.B. No. 3519
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the ability of a child, parent, or other person
10	8		responsible for a child's support to pay juvenile probation fees or
11	9		court costs and fees imposed by a juvenile court.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 53.03(d), Family Code, is amended to
14	12		read as follows:
15	13		(d) The juvenile board may adopt a fee schedule for deferred
16	14		prosecution services [and rules for the waiver of a fee for
17	15		financial hardship] in accordance with guidelines that the Texas
18	16		Juvenile Justice Department shall provide. The maximum fee is $15
19	17		a month. If the board adopts a schedule, subject to Section 53.031
20	18		[and rules for waiver], the probation officer or other designated
21	19		officer of the court shall collect the fee authorized by the
22	20		schedule from the parent, guardian, or custodian of a child for whom
23	21		a deferred prosecution is authorized under this section or waive
24	22		the fee in accordance with Section 53.031 [the rules adopted by the
25	23		board]. The officer shall deposit the fees received under this
26	24		section in the county treasury to the credit of a special fund that
27	25		may be used only for juvenile probation or community-based juvenile
28	26		corrections services or facilities in which a juvenile may be
29	27		required to live while under court supervision. If the board does
30	28		not adopt a schedule [and rules for waiver], a fee for deferred
31	29		prosecution services may not be imposed.
32	30		SECTION 2. Chapter 53, Family Code, is amended by adding
33	31		Section 53.031 to read as follows:
34	32		Sec. 53.031. DEFERRED PROSECUTION SERVICES FEE. (a)
35	33		Before a probation officer or other designated officer of the court
36	34		may collect a deferred prosecution services fee from a parent or
37	35		other person responsible for the child's support under Section
38	36		53.03(d), the officer shall conduct an assessment to determine
39	37		whether the payment of the fee, in whole or in part, would cause
40	38		undue hardship.
41		-	(b) A parent or other person responsible for the child's
42		-	support must be given the opportunity to provide documentation
43		-	that:
44		-	(1) the household of the parent or other person earns
45		-	not more than 125 percent of the income standards established by
46		-	applicable federal poverty guidelines; or
	39	+	(b) The probation officer or other designated officer of the
	40	+	court shall make a finding that the payment of a fee would cause
	41	+	undue hardship and waive the fee under Section 53.03(d) if the court
	42	+	finds that:
	43	+	(1) the parent, other person, or family of the parent
	44	+	or other person earns not more than 125 percent of the income
	45	+	standards established by applicable federal poverty guidelines; or
47	46		(2) the parent, other person, or family of the parent
48	47		or other person currently receives assistance or benefits under:
49	48		(A) the child health plan program under Chapter
50	49		62, Health and Safety Code;
51	50		(B) the financial assistance program under
52	51		Chapter 31, Human Resources Code;
53	52		(C) the medical assistance program under Chapter
54	53		32, Human Resources Code;
55	54		(D) the supplemental nutrition assistance
56	55		program under Chapter 33, Human Resources Code;
57	56		(E) the Temporary Assistance for Needy Families
58	57		program; or
59	58		(F) the federal special supplemental nutrition
60	59		program for women, infants, and children authorized by 42 U.S.C.
61	60		Section 1786.
62		-	(c) The probation officer or other designated officer of the
63		-	court shall make a finding that the payment of a fee would cause
64		-	undue hardship and waive the fee under Section 53.03(d) if the
65		-	parent or other person provides the documentation under Subsection
66		-	(b).
67		-	(d) In determining whether the fee would cause undue
	61	+	(c) In determining whether the fee would cause undue
68	62		hardship for a parent or other person whose payment is not waived
69		-	under Subsection (c), the officer shall consider whether the person
	63	+	under Subsection (b), the officer shall consider whether the person
70	64		could reasonably pay the required obligation after the person
71	65		discharged the person's other important financial obligations,
72	66		including payments for housing, food, utilities, necessary
73	67		clothing, education, and preexisting debts.
74		-	(e) If the probation officer or other designated officer of
75		-	the court determines under Subsection (d) that the parent or other
	68	+	(d) If the probation officer or other designated officer of
	69	+	the court determines under Subsection (c) that the parent or other
76	70		person is unable to pay the fee in whole or in part without
77	71		experiencing undue hardship, the officer shall waive the fee or
78	72		collect a reduced fee in an amount that the officer determines will
79	73		not cause an undue hardship.
80	74		SECTION 3. Chapter 54, Family Code, is amended by adding
81	75		Section 54.021 to read as follows:
82		-	Sec. 54.021. COURT-ORDERED FEE OR COST. (a) Before a court
83		-	may impose a fee or cost on a child, parent, or other person
84		-	responsible for the child's support, the court shall conduct an
85		-	assessment to determine whether the fee or cost would cause undue
86		-	hardship.
	76	+	Sec. 54.021. COURT-ORDERED FEE, COST, OR RESTITUTION
	77	+	PAYMENT. (a) Before a court may impose a fee, cost, or a
	78	+	restitution payment on a child, parent, or other person responsible
	79	+	for the child's support, the court shall conduct an assessment to
	80	+	determine whether the fee, cost, or restitution payment would cause
	81	+	undue hardship.
87	82		(b) The court shall make a finding that the child, parent,
88		-	or other person is unable to pay a fee or cost without experiencing
89		-	undue hardship and waive the fee or cost if the parent or other
90		-	person provides documentation that:
91		-	(1) the household of the child, parent, or other
92		-	person earns not more than 125 percent of the income standards
93		-	established by applicable federal poverty guidelines; or
	83	+	or other person is unable to pay a fee, cost, or restitution payment
	84	+	without experiencing undue hardship and waive the fee, cost, or
	85	+	payment if:
	86	+	(1) the child, parent, or other person or family of the
	87	+	child, parent, or other person earns not more than 125 percent of
	88	+	the income standards established by applicable federal poverty
	89	+	guidelines; or
94	90		(2) the child, parent, or other person or family of the
95	91		child, parent, or other person currently receives assistance or
96	92		benefits under:
97	93		(A) the child health plan program under Chapter
98	94		62, Health and Safety Code;
99	95		(B) the financial assistance program under
100	96		Chapter 31, Human Resources Code;
101	97		(C) the medical assistance program under Chapter
102	98		32, Human Resources Code;
103	99		(D) the supplemental nutrition assistance
104	100		program under Chapter 33, Human Resources Code;
105	101		(E) the Temporary Assistance for Needy Families
106	102		program; or
107	103		(F) the federal special supplemental nutrition
108	104		program for women, infants, and children authorized by 42 U.S.C.
109	105		Section 1786.
110		-	(c) In determining whether a fee or cost would cause undue
111		-	hardship for a child, parent, or other person whose payment is not
112		-	waived under Subsection (b), the court shall consider whether the
113		-	person could reasonably pay the court-ordered obligation after the
114		-	person discharged the person's other important financial
115		-	obligations, including payments for housing, food, utilities,
116		-	necessary clothing, education, and preexisting debts.
	106	+	(c) In determining whether a fee, cost, or restitution
	107	+	payment would cause undue hardship for a child, parent, or other
	108	+	person whose payment is not waived under Subsection (b), the court
	109	+	shall consider whether the person could reasonably pay the
	110	+	court-ordered obligation after the person discharged the person's
	111	+	other important financial obligations, including payments for
	112	+	housing, food, utilities, necessary clothing, education, and
	113	+	preexisting debts.
117	114		(d) A court that makes a finding under Subsection (c) that
118		-	the child, parent, or other person is unable to pay the fee or cost
119		-	in whole or in part without experiencing ~~undue hardship shall waive~~
120		-	the fee or order the child, parent, or ~~other person to pay a reduced~~
121		-	fee or ~~cost~~ in ~~an amount that the court finds would not cause an~~
122		-	undue hardship.
	115	+	the child, parent, or other person is unable to pay the fee, cost,
	116	+	or restitution payment in whole or in part without experiencing
	117	+	undue hardship shall waive the fee or order the child, parent, or
	118	+	other person to pay a reduced fee, cost, or restitution payment in
	119	+	an amount that the court finds would not cause an undue hardship.
123	120		(e) The inability of the child, parent, or other person
124		-	responsible for the child's support to pay any fee or ~~cost related~~
125		-	to the child's case may not result in:
	121	+	responsible for the child's support to pay any fee, cost, or
	122	+	restitution payment related to the child's case may not result in:
126	123		(1) the child being denied access to a more favorable
127	124		disposition of the child's case, programming, or treatment;
128	125		(2) the child's probation or supervision being
129	126		extended; or
130	127		(3) additional punishment for the child.
131	128		SECTION 4. Section 54.032, Family Code, is amended by
132	129		adding Subsection (i) to read as follows:
133	130		(i) The court shall waive or reduce a fee under Subsection
134	131		(e), (g), or (h) if the court makes a finding under Section 54.021
135	132		that the child is unable to pay the fee in whole or in part without
136	133		experiencing undue hardship.
137	134		SECTION 5. Section 54.0325, Family Code, is amended by
138	135		adding Subsection (j) to read as follows:
139	136		(j) The court shall waive or reduce a fee under Subsection
140	137		(g) or (h) if the court makes a finding under Section 54.021 that
141	138		the child is unable to pay the fee in whole or in part without
142	139		experiencing undue hardship.
143	140		SECTION 6. Section 54.0404(b), Family Code, is amended to
144	141		read as follows:
145	142		(b) A juvenile court that enters an order under Subsection
146	143		(a) shall require the child or the child's parent or other person
147	144		responsible for the child's support to pay the cost of attending an
148	145		educational program under Subsection (a) if the court determines
149	146		that the child, parent, or other person is financially able to make
150	147		payment. The court shall waive or reduce the cost of attending the
151	148		program if the court makes a finding under Section 54.021 that the
152	149		child, parent, or other person is unable to pay the cost in whole or
153	150		in part without experiencing undue hardship.
154	151		SECTION 7. Section 54.041, Family Code, is amended by
155		-	adding ~~Subsection~~ (a-1) to read as follows:
	152	+	adding Subsections (a-1) and (c-1) to read as follows:
156	153		(a-1) The court shall waive or reduce the cost of attending
157	154		treatment programs under Subsection (a)(4) if the court makes a
158	155		finding under Section 54.021 that the parent or other person is
159	156		unable to pay the cost in whole or in part without experiencing
160	157		undue hardship.
	158	+	(c-1) If a juvenile court orders a child to make restitution
	159	+	under Subsection (b) and makes a finding under Section 54.021 that
	160	+	the child, child's parent, or other person responsible for the
	161	+	child's support is financially unable to make the restitution
	162	+	without experiencing undue hardship, the court may order the child
	163	+	to perform a specific number of hours of community service to
	164	+	satisfy all or part of the restitution.
161	165		SECTION 8. Section 54.0411, Family Code, is amended by
162	166		adding Subsection (a-1) to read as follows:
163	167		(a-1) The court shall waive or reduce the fee under
164	168		Subsection (a) if the court makes a finding under Section 54.021
165	169		that the child, parent, or other person is unable to pay the fee in
166	170		whole or in part without experiencing undue hardship.
167		-	SECTION 9. Section 54.0461(c), Family Code, is amended to
	171	+	SECTION 9. Section 54.046(c), Family Code, is amended to
	172	+	read as follows:
	173	+	(c) If a juvenile court orders a child to make restitution
	174	+	under Subsection (a) and makes a finding under Section 54.021 that
	175	+	the child, child's parent, or other person responsible for the
	176	+	child's support is financially unable to make the restitution
	177	+	payment in whole or in part without experiencing undue hardship,
	178	+	the court may order the child to perform a specific number of hours
	179	+	of community service, in addition to the hours required under
	180	+	Subsection (d), to satisfy all or part of the restitution.
	181	+	SECTION 10. Section 54.0461(c), Family Code, is amended to
168	182		read as follows:
169	183		(c) The court shall waive or reduce the fee under this
170	184		section if [If] the court makes a finding under Section 54.021
171	185		[finds] that a child, parent, or other person responsible for the
172	186		child's support is unable to pay the juvenile delinquency
173	187		prevention fee required under Subsection (a) in whole or in part
174	188		without experiencing undue hardship. The [, the] court shall enter
175	189		into the child's case records a statement of that finding. [The
176	190		court may waive a fee under this section only if the court makes the
177	191		finding under this subsection.]
178		-	SECTION 10. Section 54.0462(c), Family Code, is amended to
	192	+	SECTION 11. Section 54.0462(c), Family Code, is amended to
179	193		read as follows:
180	194		(c) The court shall waive or reduce the fee under Subsection
181	195		(a) if [If] the court makes a finding under Section 54.021 [finds]
182	196		that a child, parent, or other person responsible for the child's
183	197		support is unable to pay the fee required under Subsection (a) in
184	198		whole or in part without experiencing undue hardship. The [, the]
185	199		court shall enter into the child's case records a statement of that
186	200		finding. [The court may waive a fee under this section only if the
187	201		court makes the finding under this subsection.]
188		-	SECTION 11. Section 54.047(f), Family Code, is amended to
	202	+	SECTION 12. Section 54.047(f), Family Code, is amended to
189	203		read as follows:
190	204		(f) If the court orders a child under Subsection (a) or (b)
191	205		to attend a drug education program or alcohol awareness program,
192	206		[unless the court determines that the parent or guardian of the
193	207		child is indigent and unable to pay the cost,] the court shall
194	208		require the child's parent or other person responsible for the
195	209		child's support [a guardian of the child] to pay the cost of
196	210		attending the program. The court shall allow the child's parent or
197	211		other person [guardian] to pay the cost of attending the program in
198	212		installments. The court shall waive or reduce the cost of attending
199	213		the program if the court makes a finding under Section 54.021 that
200	214		the parent or other person is unable to pay the cost in whole or in
201	215		part without experiencing undue hardship.
202		-	SECTION 12. Section 54.06, Family Code, is amended by
	216	+	SECTION 13. Section 54.048, Family Code, is amended by
	217	+	adding Subsection (c) to read as follows:
	218	+	(c) If a juvenile court orders a child to make restitution
	219	+	under Subsection (a) and makes a finding under Section 54.021 that
	220	+	the child, child's parent, or other person responsible for the
	221	+	child's support is financially unable to make the restitution in
	222	+	whole or in part without experiencing undue hardship, the court may
	223	+	order the child to perform a specific number of hours of community
	224	+	service to satisfy all or part of the restitution.
	225	+	SECTION 14. Section 54.0481(b), Family Code, is amended to
	226	+	read as follows:
	227	+	(b) If a juvenile court orders a child to make restitution
	228	+	under Subsection (a) and makes a finding under Section 54.021 that
	229	+	the child, child's parent, or other person responsible for the
	230	+	child's support is financially unable to make the restitution
	231	+	without experiencing undue hardship, the court may order the child
	232	+	to perform a specific number of hours of community service to
	233	+	satisfy all or part of the restitution.
	234	+	SECTION 15. Section 54.049(b), Family Code, is amended to
	235	+	read as follows:
	236	+	(b) If a juvenile court orders a child to make restitution
	237	+	under Subsection (a) and the court makes a finding under Section
	238	+	54.021 that the child is [financially] unable to make the
	239	+	restitution in whole or in part without experiencing undue
	240	+	hardship, the court may [order]:
	241	+	(1) order the child to perform a specific number of
	242	+	hours of community service to satisfy all or part of the
	243	+	restitution; [or]
	244	+	(2) if the court makes a finding under Section 54.021
	245	+	that a parent or other person responsible for the child's support is
	246	+	able to make the restitution in the amount described by Subsection
	247	+	(a) without experiencing undue hardship, order the parent or other
	248	+	person to make restitution for the full amount; or
	249	+	(3) if the court makes a finding under Section 54.021
	250	+	that the parent or other person is unable to make the restitution in
	251	+	the full amount described by Subsection (a) without experiencing
	252	+	undue hardship but is able to make the restitution in a lesser
	253	+	amount without experiencing undue hardship, order the parent or
	254	+	other person to make restitution in the lesser amount.
	255	+	SECTION 16. Section 54.06, Family Code, is amended by
203	256		adding Subsection (a-1) to read as follows:
204	257		(a-1) The court shall waive or reduce the payment for
205	258		support under Subsection (a) if the court makes a finding under
206	259		Section 54.021 that the parent or other person is unable to make the
207	260		payment in whole or in part without experiencing undue hardship.
208		-	SECTION 13. Section 54.061(d), Family Code, is amended to
	261	+	SECTION 17. Section 54.061(d), Family Code, is amended to
209	262		read as follows:
210	263		(d) The court shall waive or reduce the fee under Subsection
211	264		(a) if [If] the court makes a finding under Section 54.021 [finds]
212	265		that a child, parent, or other person responsible for the child's
213	266		support is financially unable to pay the probation fee required
214	267		under Subsection (a) in whole or in part without experiencing undue
215	268		hardship. The [, the] court shall enter into the records of the
216	269		child's case a statement of that finding. [The court may waive a
217	270		fee under this section only if the court makes the finding under
218	271		this subsection.]
219		-	SECTION 14. The changes in law made by this Act apply only
	272	+	SECTION 18. The changes in law made by this Act apply only
220	273		to a fee, cost, or other payment imposed on or after the effective
221	274		date of this Act. A fee, cost, or other payment imposed before the
222	275		effective date of this Act is governed by the law in effect on the
223	276		date the fee, cost, or payment was imposed, and the former law is
224	277		continued in effect for that purpose.
225		-	SECTION 15. Section 51.607, Government Code, does not apply
	278	+	SECTION 19. Section 51.607, Government Code, does not apply
226	279		to the change in the amount of fees or court costs made by this Act.
227		-	SECTION 16. This Act takes effect September 1, 2017.
	280	+	SECTION 20. This Act takes effect September 1, 2017.