85R25334 LHC-D
By: White H.B. No. 3519
Substitute the following for H.B. No. 3519:
By: Dutton C.S.H.B. No. 3519
A BILL TO BE ENTITLED
AN ACT
relating to the ability of a child, parent, or other person
responsible for a child's support to pay juvenile probation fees or
court costs and fees imposed by a juvenile court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.03(d), Family Code, is amended to
read as follows:
(d) The juvenile board may adopt a fee schedule for deferred
prosecution services [and rules for the waiver of a fee for
financial hardship] in accordance with guidelines that the Texas
Juvenile Justice Department shall provide. The maximum fee is $15
a month. If the board adopts a schedule, subject to Section 53.031
[and rules for waiver], the probation officer or other designated
officer of the court shall collect the fee authorized by the
schedule from the parent, guardian, or custodian of a child for whom
a deferred prosecution is authorized under this section or waive
the fee in accordance with Section 53.031 [the rules adopted by the
board]. The officer shall deposit the fees received under this
section in the county treasury to the credit of a special fund that
may be used only for juvenile probation or community-based juvenile
corrections services or facilities in which a juvenile may be
required to live while under court supervision. If the board does
not adopt a schedule [and rules for waiver], a fee for deferred
prosecution services may not be imposed.
SECTION 2. Chapter 53, Family Code, is amended by adding
Section 53.031 to read as follows:
Sec. 53.031. DEFERRED PROSECUTION SERVICES FEE. (a)
Before a probation officer or other designated officer of the court
may collect a deferred prosecution services fee from a parent or
other person responsible for the child's support under Section
53.03(d), the officer shall conduct an assessment to determine
whether the payment of the fee, in whole or in part, would cause
undue hardship.
(b) A parent or other person responsible for the child's
support must be given the opportunity to provide documentation
that:
(1) the household of the parent or other person earns
not more than 125 percent of the income standards established by
applicable federal poverty guidelines; or
(2) the parent, other person, or family of the parent
or other person currently receives assistance or benefits under:
(A) the child health plan program under Chapter
62, Health and Safety Code;
(B) the financial assistance program under
Chapter 31, Human Resources Code;
(C) the medical assistance program under Chapter
32, Human Resources Code;
(D) the supplemental nutrition assistance
program under Chapter 33, Human Resources Code;
(E) the Temporary Assistance for Needy Families
program; or
(F) the federal special supplemental nutrition
program for women, infants, and children authorized by 42 U.S.C.
Section 1786.
(c) The probation officer or other designated officer of the
court shall make a finding that the payment of a fee would cause
undue hardship and waive the fee under Section 53.03(d) if the
parent or other person provides the documentation under Subsection
(b).
(d) In determining whether the fee would cause undue
hardship for a parent or other person whose payment is not waived
under Subsection (c), the officer shall consider whether the person
could reasonably pay the required obligation after the person
discharged the person's other important financial obligations,
including payments for housing, food, utilities, necessary
clothing, education, and preexisting debts.
(e) If the probation officer or other designated officer of
the court determines under Subsection (d) that the parent or other
person is unable to pay the fee in whole or in part without
experiencing undue hardship, the officer shall waive the fee or
collect a reduced fee in an amount that the officer determines will
not cause an undue hardship.
SECTION 3. Chapter 54, Family Code, is amended by adding
Section 54.021 to read as follows:
Sec. 54.021. COURT-ORDERED FEE OR COST. (a) Before a court
may impose a fee or cost on a child, parent, or other person
responsible for the child's support, the court shall conduct an
assessment to determine whether the fee or cost would cause undue
hardship.
(b) The court shall make a finding that the child, parent,
or other person is unable to pay a fee or cost without experiencing
undue hardship and waive the fee or cost if the parent or other
person provides documentation that:
(1) the household of the child, parent, or other
person earns not more than 125 percent of the income standards
established by applicable federal poverty guidelines; or
(2) the child, parent, or other person or family of the
child, parent, or other person currently receives assistance or
benefits under:
(A) the child health plan program under Chapter
62, Health and Safety Code;
(B) the financial assistance program under
Chapter 31, Human Resources Code;
(C) the medical assistance program under Chapter
32, Human Resources Code;
(D) the supplemental nutrition assistance
program under Chapter 33, Human Resources Code;
(E) the Temporary Assistance for Needy Families
program; or
(F) the federal special supplemental nutrition
program for women, infants, and children authorized by 42 U.S.C.
Section 1786.
(c) In determining whether a fee or cost would cause undue
hardship for a child, parent, or other person whose payment is not
waived under Subsection (b), the court shall consider whether the
person could reasonably pay the court-ordered obligation after the
person discharged the person's other important financial
obligations, including payments for housing, food, utilities,
necessary clothing, education, and preexisting debts.
(d) A court that makes a finding under Subsection (c) that
the child, parent, or other person is unable to pay the fee or cost
in whole or in part without experiencing undue hardship shall waive
the fee or order the child, parent, or other person to pay a reduced
fee or cost in an amount that the court finds would not cause an
undue hardship.
(e) The inability of the child, parent, or other person
responsible for the child's support to pay any fee or cost related
to the child's case may not result in:
(1) the child being denied access to a more favorable
disposition of the child's case, programming, or treatment;
(2) the child's probation or supervision being
extended; or
(3) additional punishment for the child.
SECTION 4. Section 54.032, Family Code, is amended by
adding Subsection (i) to read as follows:
(i) The court shall waive or reduce a fee under Subsection
(e), (g), or (h) if the court makes a finding under Section 54.021
that the child is unable to pay the fee in whole or in part without
experiencing undue hardship.
SECTION 5. Section 54.0325, Family Code, is amended by
adding Subsection (j) to read as follows:
(j) The court shall waive or reduce a fee under Subsection
(g) or (h) if the court makes a finding under Section 54.021 that
the child is unable to pay the fee in whole or in part without
experiencing undue hardship.
SECTION 6. Section 54.0404(b), Family Code, is amended to
read as follows:
(b) A juvenile court that enters an order under Subsection
(a) shall require the child or the child's parent or other person
responsible for the child's support to pay the cost of attending an
educational program under Subsection (a) if the court determines
that the child, parent, or other person is financially able to make
payment. The court shall waive or reduce the cost of attending the
program if the court makes a finding under Section 54.021 that the
child, parent, or other person is unable to pay the cost in whole or
in part without experiencing undue hardship.
SECTION 7. Section 54.041, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The court shall waive or reduce the cost of attending
treatment programs under Subsection (a)(4) if the court makes a
finding under Section 54.021 that the parent or other person is
unable to pay the cost in whole or in part without experiencing
undue hardship.
SECTION 8. Section 54.0411, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The court shall waive or reduce the fee under
Subsection (a) if the court makes a finding under Section 54.021
that the child, parent, or other person is unable to pay the fee in
whole or in part without experiencing undue hardship.
SECTION 9. Section 54.0461(c), Family Code, is amended to
read as follows:
(c) The court shall waive or reduce the fee under this
section if [If] the court makes a finding under Section 54.021
[finds] that a child, parent, or other person responsible for the
child's support is unable to pay the juvenile delinquency
prevention fee required under Subsection (a) in whole or in part
without experiencing undue hardship. The [, the] court shall enter
into the child's case records a statement of that finding. [The
court may waive a fee under this section only if the court makes the
finding under this subsection.]
SECTION 10. Section 54.0462(c), Family Code, is amended to
read as follows:
(c) The court shall waive or reduce the fee under Subsection
(a) if [If] the court makes a finding under Section 54.021 [finds]
that a child, parent, or other person responsible for the child's
support is unable to pay the fee required under Subsection (a) in
whole or in part without experiencing undue hardship. The [, the]
court shall enter into the child's case records a statement of that
finding. [The court may waive a fee under this section only if the
court makes the finding under this subsection.]
SECTION 11. Section 54.047(f), Family Code, is amended to
read as follows:
(f) If the court orders a child under Subsection (a) or (b)
to attend a drug education program or alcohol awareness program,
[unless the court determines that the parent or guardian of the
child is indigent and unable to pay the cost,] the court shall
require the child's parent or other person responsible for the
child's support [a guardian of the child] to pay the cost of
attending the program. The court shall allow the child's parent or
other person [guardian] to pay the cost of attending the program in
installments. The court shall waive or reduce the cost of attending
the program if the court makes a finding under Section 54.021 that
the parent or other person is unable to pay the cost in whole or in
part without experiencing undue hardship.
SECTION 12. Section 54.06, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The court shall waive or reduce the payment for
support under Subsection (a) if the court makes a finding under
Section 54.021 that the parent or other person is unable to make the
payment in whole or in part without experiencing undue hardship.
SECTION 13. Section 54.061(d), Family Code, is amended to
read as follows:
(d) The court shall waive or reduce the fee under Subsection
(a) if [If] the court makes a finding under Section 54.021 [finds]
that a child, parent, or other person responsible for the child's
support is financially unable to pay the probation fee required
under Subsection (a) in whole or in part without experiencing undue
hardship. The [, the] court shall enter into the records of the
child's case a statement of that finding. [The court may waive a
fee under this section only if the court makes the finding under
this subsection.]
SECTION 14. The changes in law made by this Act apply only
to a fee, cost, or other payment imposed on or after the effective
date of this Act. A fee, cost, or other payment imposed before the
effective date of this Act is governed by the law in effect on the
date the fee, cost, or payment was imposed, and the former law is
continued in effect for that purpose.
SECTION 15. Section 51.607, Government Code, does not apply
to the change in the amount of fees or court costs made by this Act.
SECTION 16. This Act takes effect September 1, 2017.