Texas 2017 - 85th Regular

Texas House Bill HB3729 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R23206 KJE-F
2		-	By: White, Bernal, Collier, H.B. No. 3729
3		-	Thompson of Harris
4		-	Substitute the following for H.B. No. 3729:
5		-	By: Moody C.S.H.B. No. 3729
	1	+	85R12394 KJE/JRR-F
	2	+	By: White H.B. No. 3729
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to the administrative, civil, and criminal consequences,
11	8		including fines, fees, and costs, imposed on persons arrested for,
12	9		charged with, or convicted of certain criminal offenses.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		SECTION 1. Article 14.06(b), Code of Criminal Procedure, is
15	12		amended to read as follows:
16	13		(b) A peace officer who is charging a person, including a
17	14		child, with committing an offense that is a [Class C] misdemeanor
18	15		punishable by a fine only, other than an offense under Section
19	16		49.02, Penal Code, may, instead of taking the person before a
20	17		magistrate, issue a citation to the person that contains written
21	18		notice of the time and place the person must appear before a
22	19		magistrate, the name and address of the person charged, the offense
23	20		charged, and the following admonishment, in boldfaced or underlined
24	21		type or in capital letters:
25	22		"If you are convicted of a misdemeanor offense involving
26	23		violence where you are or were a spouse, intimate partner, parent,
27	24		or guardian of the victim or are or were involved in another,
28	25		similar relationship with the victim, it may be unlawful for you to
29	26		possess or purchase a firearm, including a handgun or long gun, or
30	27		ammunition, pursuant to federal law under 18 U.S.C. Section
31	28		922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
32	29		questions whether these laws make it illegal for you to possess or
33	30		purchase a firearm, you should consult an attorney.
34	31		"If you are ordered to pay a fine or costs in this case and
35	32		are unable to afford the amount owed, contact the court
36	33		immediately. You may be able to discharge the fine or costs by
37	34		performing community service. In some circumstances, you may be
38	35		able to have all or part of the fine or costs waived."
39	36		SECTION 2. Article 45.014, Code of Criminal Procedure, is
40	37		amended by adding Subsections (e), (f), and (g) to read as follows:
41	38		(e) A justice or judge may not issue an arrest warrant for
42	39		the defendant's failure to appear unless:
43		-	(1) the justice or judge provides by telephone~~, mail,~~
44		-	~~or e-~~mail to the defendant notice that includes:
	40	+	(1) the justice or judge provides by telephone or
	41	+	certified mail to the defendant notice that includes:
45	42		(A) at least two dates and times, occurring
46	43		within the 30-day period following the date that notice is
47	44		provided, when the defendant may appear before the justice or
48	45		judge;
49	46		(B) the name and address of the court with
50		-	jurisdiction in the case and a telephone number that the defendant
51		-	may use to request an alternative date or time under Subsection (f);
	47	+	jurisdiction in the case;
52	48		(C) information regarding alternatives to the
53	49		full payment of any fine or costs owed by the defendant, if the
54	50		defendant is unable to pay that amount; and
55	51		(D) an explanation of the consequences if the
56		-	defendant fails to appear before the justice or judge ~~as required by~~
57		-	~~this article~~; and
	52	+	defendant fails to appear before the justice or judge within the
	53	+	period described by Paragraph (A); and
58	54		(2) the defendant fails to appear before the justice
59		-	or judge as required by this article.
	55	+	or judge on or before the 30th day after the date that notice is
	56	+	provided under Subdivision (1).
60	57		(f) A defendant who receives notice under Subsection (e) may
61	58		request an alternative date or time to appear before the justice or
62	59		judge if the defendant is unable to appear on a date and at a time
63	60		provided in the notice.
64	61		(g) A defendant who voluntarily appears before a justice or
65		-	judge to resolve an outstanding arrest warrant~~, a citation~~ or
66		-	~~complaint, or an unpaid fine or~~ cost may not be arrested on a
67		-	~~warrant for any misdemeanor punishable~~ by fine only during or
68		-	~~immediately before or after the defendant's~~ appearance.
	62	+	judge to resolve an outstanding arrest warrant or an unpaid fine or
	63	+	cost may not be arrested on a warrant for any misdemeanor punishable
	64	+	by fine only during or immediately before or after the defendant's
	65	+	appearance.
69	66		SECTION 3. Article 45.023, Code of Criminal Procedure, is
70	67		amended by adding Subsection (e) to read as follows:
71	68		(e) A justice or judge who accepts the defendant's plea of
72	69		guilty or nolo contendere shall advise the defendant that,
73	70		regardless of the defendant's ability to pay, the defendant may
74	71		request to perform community service under Article 45.049 to
75	72		discharge any fine or cost imposed on the defendant in the case.
76	73		SECTION 4. Article 45.041, Code of Criminal Procedure, is
77	74		amended by amending Subsections (b) and (b-2) and adding Subsection
78		-	(b-6) to read as follows:
79		-	(b) Subject to Subsections (b-2), ~~[and]~~ (b-3), and (b-6) and
	75	+	(b-2a) to read as follows:
	76	+	(b) Subject to Subsections (b-2), (b-2a), and (b-3) and
80	77		Article 45.0491, the justice or judge may direct the defendant:
81	78		(1) to pay:
82	79		(A) the entire fine and costs when sentence is
83	80		pronounced;
84	81		(B) the entire fine and costs at some later date;
85	82		or
86	83		(C) a specified portion of the fine and costs at
87	84		designated intervals;
88	85		(2) if applicable, to make restitution to any victim
89	86		of the offense; and
90	87		(3) to satisfy any other sanction authorized by law.
91	88		(b-2) When imposing a fine and costs, [if the justice or
92	89		judge determines that the defendant is unable to immediately pay
93	90		the fine and costs,] the justice or judge:
94	91		(1) shall seek information from the defendant that is
95	92		relevant to a determination of whether the defendant is able to
96	93		immediately pay the fine or costs; and
97	94		(2) if the justice or judge determines that the
98	95		defendant is unable to immediately pay the fine or costs, shall
99	96		allow the defendant to pay the fine or [and] costs, as applicable,
100	97		in specified portions at designated intervals.
101		-	(b-6) When imposing a fine and costs, the justice or judge
	98	+	(b-2a) When imposing a fine and costs, the justice or judge
102	99		may require the defendant to perform community service as provided
103	100		by Article 45.049 to discharge all or part of the fine or costs.
104	101		SECTION 5. Article 45.045, Code of Criminal Procedure, is
105	102		amended by amending Subsection (a) and adding Subsection (a-2) to
106	103		read as follows:
107	104		(a) If the defendant is not in custody when the judgment is
108	105		rendered or, subject to Subsection (a-2), if the defendant fails to
109	106		satisfy the judgment according to its terms, the court may order a
110	107		capias pro fine, as defined by Article 43.015, issued for the
111	108		defendant's arrest. The capias pro fine shall state the amount of
112	109		the judgment and sentence[,] and shall command the appropriate
113	110		peace officer to:
114	111		(1) bring the defendant before the court immediately;
115	112		or
116	113		(2) [place the defendant in jail until the business
117	114		day following the date of the defendant's arrest] if the defendant
118	115		cannot be brought before the court immediately, confine the
119	116		defendant in jail and bring the defendant before the court not later
120	117		than 24 hours after the time of the defendant's arrest, provided
121	118		that if the defendant is not brought before the court within that
122	119		period, the person having custody of the defendant shall release
123	120		the defendant.
124	121		(a-2) The court may not issue a capias pro fine for the
125	122		defendant's failure to satisfy the judgment according to its terms
126	123		unless:
127		-	(1) the court provides by mail to the ~~defendant notice~~
128		-	that includes:
	124	+	(1) the court provides by certified mail to the
	125	+	defendant notice that includes:
129	126		(A) a statement that the defendant has failed to
130	127		satisfy the judgment according to its terms;
131	128		(B) a date and time, occurring not later than the
132	129		21st day after the date that notice is mailed, when the court will
133	130		hold a hearing on the defendant's failure to satisfy the judgment
134	131		according to its terms; and
135	132		(C) the location at which the hearing will be
136	133		held; and
137	134		(2) either:
138	135		(A) the defendant fails to appear at the hearing;
139	136		or
140	137		(B) based on evidence presented at the hearing,
141	138		the court makes a written determination that:
142	139		(i) the defendant is not indigent and has
143	140		failed to make a good faith effort to discharge the fine or costs;
144	141		or
145	142		(ii) the defendant is indigent and:
146	143		(a) has failed to make a good faith
147	144		effort to discharge the fine or costs under Article 45.049; and
148	145		(b) could have discharged the fine or
149	146		costs under Article 45.049 without experiencing any undue hardship.
150	147		SECTION 6. Article 45.046(a), Code of Criminal Procedure,
151	148		is amended to read as follows:
152	149		(a) When a judgment and sentence have been entered against a
153	150		defendant and the defendant defaults in the discharge of the
154	151		judgment, the judge may order the defendant confined in jail until
155	152		discharged by law if the judge at a hearing makes a written
156	153		determination that:
157	154		(1) the defendant is not indigent and has failed to
158	155		make a good faith effort to discharge the fine or [and] costs; or
159	156		(2) the defendant is indigent and:
160	157		(A) has failed to make a good faith effort to
161	158		discharge the fine or [fines and] costs under Article 45.049; and
162	159		(B) could have discharged the fine or [fines and]
163	160		costs under Article 45.049 without experiencing any undue hardship.
164	161		SECTION 7. Article 45.048, Code of Criminal Procedure, is
165	162		amended to read as follows:
166	163		Art. 45.048. DISCHARGED FROM JAIL. (a) A defendant placed
167	164		in jail on account of failure to pay the fine and costs shall be
168	165		discharged on habeas corpus by showing that the defendant:
169	166		(1) is too poor to pay the fine and costs; [or]
170	167		(2) has remained in jail a sufficient length of time to
171	168		satisfy the fine and costs, at the rate of not less than $300 [$50]
172	169		for each period [of time] served, as specified by the convicting
173	170		court in the judgment in the case; or
174	171		(3) has remained in jail for a cumulative period of 72
175	172		hours.
176	173		(b) A convicting court may specify a period [of time] that
177	174		is not less than eight hours or more than 24 hours as the period for
178	175		which a defendant who fails to pay the fine [fines] and costs in the
179	176		case must remain in jail to satisfy $300 [$50] of the fine and
180	177		costs.
181	178		(c) Notwithstanding any other law, if a defendant placed in
182	179		jail on account of failure to pay the fine and costs has remained in
183	180		jail for a cumulative period of 72 hours and the amount owed has not
184	181		been fully discharged, the convicting court shall release the
185	182		defendant from jail and shall waive the remaining amount owed.
186	183		SECTION 8. Article 45.049, Code of Criminal Procedure, is
187	184		amended by amending Subsections (a), (b), (c), (d), (e), and (g) and
188	185		adding Subsections (a-1), (a-2), (a-3), and (c-1) to read as
189	186		follows:
190	187		(a) Except as provided by Subsection (a-1), a [A] justice or
191	188		judge may require a defendant [who fails to pay a previously
192	189		assessed fine or costs, or who is determined by the court to have
193	190		insufficient resources or income to pay a fine or costs,] to perform
194	191		community service under this article to discharge all or part of the
195	192		fine or costs assessed in the case [by performing community
196	193		service].
197	194		(a-1) A justice or judge may require a defendant described
198	195		by Article 45.0491(c) to perform community service under this
199	196		article to discharge all or part of the fine or costs only if the
200	197		justice or judge determines that the requirement would not impose
201	198		an undue hardship on the defendant.
202	199		(a-2) At sentencing, a defendant may request to perform
203	200		community service under this article to discharge all or part of the
204	201		fine or costs assessed in the case. The justice or judge shall
205	202		grant the request if:
206	203		(1) the defendant is described by Article 45.0491(c);
207	204		or
208	205		(2) granting the request is in the interest of
209	206		justice.
210	207		(a-3) A defendant may discharge an obligation to perform
211	208		community service under this article by paying at any time the fine
212	209		and costs assessed.
213	210		(b) In the justice's or judge's order requiring or
214	211		permitting a defendant to perform [participate in] community
215	212		service [work] under this article, the justice or judge must
216		-	specify:
217		-	(1) the number of hours of community service the
218		-	defendant is required to perform; and
219		-	(2) the date by which the defendant must submit to the
220		-	court documentation verifying the defendant's completion of the
221		-	community service [work].
	213	+	specify the number of hours of community service the defendant is
	214	+	required to perform [work].
222	215		(c) The justice or judge may order the defendant, or the
223	216		defendant may request under Subsection (a-2), to perform community
224	217		service [work] under this article [only] for:
225	218		(1) a governmental entity;
226	219		(2) [or] a nonprofit organization or another
227	220		organization that provides services to the general public that
228	221		enhance social welfare and the general well-being of the community,
229	222		as determined by the justice or judge;
230	223		(3) a religious organization;
231	224		(4) a neighborhood association or group; or
232	225		(5) an educational institution.
233	226		(c-1) An [A governmental] entity [or nonprofit
234	227		organization] that accepts a defendant under this article to
235	228		perform community service must agree to supervise, either on-site
236	229		or remotely, the defendant in the performance of the defendant's
237	230		community service [work] and report on the defendant's community
238	231		service [work] to the justice or judge who ordered the [community]
239	232		service.
240	233		(d) A justice or judge may not order a defendant to perform
241	234		more than 16 hours per week of community service under this article
242	235		unless the justice or judge determines that requiring the defendant
243	236		to perform [work] additional hours does not impose an undue [work a]
244	237		hardship on the defendant or the defendant's dependents.
245	238		(e) A defendant is considered to have discharged not less
246	239		than $15 [$50] of fines or costs for each hour [eight hours] of
247	240		community service performed under this article.
248	241		(g) This subsection applies only to a defendant who is
249	242		charged with a traffic offense or an offense under Section 106.05,
250	243		Alcoholic Beverage Code, and is a resident of this state. If under
251	244		Article 45.051(b)(10), Code of Criminal Procedure, the judge
252	245		requires the defendant to perform community service as a condition
253	246		of the deferral, the defendant is entitled to elect whether to
254	247		perform the required [governmental entity or nonprofit
255	248		organization community] service in:
256	249		(1) the county in which the court is located; or
257	250		(2) the county in which the defendant resides, but
258	251		only if the applicable entity [or organization] agrees to:
259	252		(A) supervise the defendant in the performance of
260	253		the defendant's community service [work]; and
261	254		(B) report to the court on the defendant's
262	255		community service [work].
263	256		SECTION 9. Article 45.0491, Code of Criminal Procedure, is
264	257		amended to read as follows:
265	258		Art. 45.0491. WAIVER OF PAYMENT OF FINES OR [AND] COSTS FOR
266	259		CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. (a) A municipal
267	260		court, regardless of whether the court is a court of record, or a
268	261		justice court may waive payment of all or part of a fine or costs
269	262		imposed on a defendant [who defaults in payment] if the court
270		-	determines:
271		-	(1) that:
272		-	(A) [(1)] the defendant is indigent or does not
273		-	have sufficient resources or income to pay all or part of the fine
274		-	or costs or was, at the time the offense was committed, a child as
275		-	defined by Article 45.058(h); and
276		-	(B) [(2)] discharging all or part of the fine or
277		-	[and] costs under Article 45.049 or as otherwise authorized by this
278		-	chapter would impose an undue hardship on the defendant; or
279		-	(2) that the waiver is in the interest of justice.
	263	+	determines that:
	264	+	(1) the defendant does not have sufficient resources
	265	+	or income to pay the fine or costs, as applicable, [is indigent] or
	266	+	was, at the time the offense was committed, a child as defined by
	267	+	Article 45.058(h); and
	268	+	(2) the waiver is in the interest of justice
	269	+	[discharging the fine and costs under Article 45.049 or as
	270	+	otherwise authorized by this chapter would impose an undue hardship
	271	+	on the defendant].
280	272		(b) A municipal court, regardless of whether the court is a
281	273		court of record, or a justice court shall waive payment of costs and
282	274		at least 50 percent of a fine imposed on a defendant described by
283		-	Subsection (c) if the court determines that the defendant is
284		-	indigent or does not have sufficient resources or income to pay the
285		-	fine and costs.
	275	+	Subsection (c) if the court determines that the defendant does not
	276	+	have sufficient resources or income to pay the fine and costs.
286	277		(c) For purposes of Subsection (b), a defendant is presumed
287		-	to ~~be indigent or to not~~ have sufficient resources or income to pay
288		-	~~the fine and costs~~ if the defendant:
	278	+	not to have sufficient resources or income to pay the fine and costs
	279	+	if the defendant:
289	280		(1) is required to attend school full time under
290	281		Section 25.085, Education Code;
291	282		(2) is a member of a household with a total annual
292	283		income that is below 125 percent of the applicable income level
293	284		established by the federal poverty guidelines; or
294	285		(3) receives assistance from:
295	286		(A) the financial assistance program established
296	287		under Chapter 31, Human Resources Code;
297	288		(B) the medical assistance program under Chapter
298	289		32, Human Resources Code;
299	290		(C) the supplemental nutrition assistance
300	291		program established under Chapter 33, Human Resources Code;
301	292		(D) the federal special supplemental nutrition
302	293		program for women, infants, and children authorized by 42 U.S.C.
303	294		Section 1786; or
304	295		(E) the child health plan program under Chapter
305	296		62, Health and Safety Code.
306	297		SECTION 10. Article 102.011, Code of Criminal Procedure, is
307	298		amended by amending Subsections (a) and (e) and adding Subsection
308	299		(f) to read as follows:
309	300		(a) A defendant convicted of a felony or a misdemeanor shall
310	301		pay the following fees for services performed in the case by a peace
311	302		officer:
312	303		(1) $5 for issuing a written notice to appear in court
313	304		following the defendant's violation of a traffic law, municipal
314	305		ordinance, or penal law of this state, or for making an arrest
315	306		without a warrant;
316	307		(2) $50 for executing [or processing] an issued arrest
317	308		warrant, capias, or capias pro fine with the fee imposed for the
318	309		services of:
319	310		(A) the law enforcement agency that executed the
320	311		arrest warrant or capias, if the agency requests of the court, not
321	312		later than the 15th day after the date of the execution of the
322	313		arrest warrant or capias, the imposition of the fee on conviction;
323	314		or
324	315		(B) the law enforcement agency that processed the
325	316		arrest warrant or capias, if[:
326	317		[(i) the arrest warrant or capias was not
327	318		executed; or
328	319		[(ii)] the executing law enforcement agency
329	320		failed to request the fee within the period required by Paragraph
330	321		(A) [of this subdivision];
331	322		(3) $5 for summoning a witness;
332	323		(4) $35 for serving a writ not otherwise listed in this
333	324		article;
334	325		(5) $10 for taking and approving a bond and, if
335	326		necessary, returning the bond to the courthouse;
336	327		(6) $5 for commitment or release;
337	328		(7) $5 for summoning a jury, if a jury is summoned; and
338	329		(8) $8 for each day's attendance of a prisoner in a
339	330		habeas corpus case if the prisoner has been remanded to custody or
340	331		held to bail.
341	332		(e) Except as provided by Subsection (f), a [A] fee under
342	333		Subsection (a)(1) or (a)(2) [of this article] shall be assessed:
343	334		(1) on conviction, regardless of whether the defendant
344	335		was also arrested at the same time for another offense;[,] and
345	336		(2) [shall be assessed] for each arrest made of a
346	337		defendant arising out of the offense for which the defendant has
347	338		been convicted.
348	339		(f) A fee under Subsection (a)(2) may be assessed only once
349	340		for an arrest, regardless of whether more than one arrest warrant,
350	341		capias, or capias pro fine is executed during the arrest.
351	342		SECTION 11. Section 102.021, Government Code, is amended to
352	343		read as follows:
353	344		Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
354	345		PROCEDURE. A person convicted of an offense shall pay the following
355	346		under the Code of Criminal Procedure, in addition to all other
356	347		costs:
357	348		(1) court cost on conviction of any offense, other
358	349		than a conviction of an offense relating to a pedestrian or the
359	350		parking of a motor vehicle (Art. 102.0045, Code of Criminal
360	351		Procedure) . . . $4;
361	352		(2) a fee for services of prosecutor (Art. 102.008,
362	353		Code of Criminal Procedure) . . . $25;
363	354		(3) fees for services of peace officer:
364	355		(A) issuing a written notice to appear in court
365	356		for certain violations (Art. 102.011, Code of Criminal Procedure)
366	357		. . . $5;
367	358		(B) executing [or processing] an issued arrest
368	359		warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
369	360		Procedure) . . . $50;
370	361		(C) summoning a witness (Art. 102.011, Code of
371	362		Criminal Procedure) . . . $5;
372	363		(D) serving a writ not otherwise listed (Art.
373	364		102.011, Code of Criminal Procedure) . . . $35;
374	365		(E) taking and approving a bond and, if
375	366		necessary, returning the bond to courthouse (Art. 102.011, Code of
376	367		Criminal Procedure) . . . $10;
377	368		(F) commitment or release (Art. 102.011, Code of
378	369		Criminal Procedure) . . . $5;
379	370		(G) summoning a jury (Art. 102.011, Code of
380	371		Criminal Procedure) . . . $5;
381	372		(H) attendance of a prisoner in habeas corpus
382	373		case if prisoner has been remanded to custody or held to bail (Art.
383	374		102.011, Code of Criminal Procedure) . . . $8 each day;
384	375		(I) mileage for certain services performed (Art.
385	376		102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
386	377		(J) services of a sheriff or constable who serves
387	378		process and attends examining trial in certain cases (Art. 102.011,
388	379		Code of Criminal Procedure) . . . not to exceed $5;
389	380		(4) services of a peace officer in conveying a witness
390	381		outside the county (Art. 102.011, Code of Criminal Procedure) . . .
391	382		$10 per day or part of a day, plus actual necessary travel expenses;
392	383		(5) overtime of peace officer for time spent
393	384		testifying in the trial or traveling to or from testifying in the
394	385		trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
395	386		(6) court costs on an offense relating to rules of the
396	387		road, when offense occurs within a school crossing zone (Art.
397	388		102.014, Code of Criminal Procedure) . . . $25;
398	389		(7) court costs on an offense of passing a school bus
399	390		(Art. 102.014, Code of Criminal Procedure) . . . $25;
400	391		(8) court costs on an offense of parent contributing
401	392		to student nonattendance (Art. 102.014, Code of Criminal Procedure)
402	393		. . . $20;
403	394		(9) cost for visual recording of intoxication arrest
404	395		before conviction (Art. 102.018, Code of Criminal Procedure) . . .
405	396		$15;
406	397		(10) cost of certain evaluations (Art. 102.018, Code
407	398		of Criminal Procedure) . . . actual cost;
408	399		(11) additional costs attendant to certain
409	400		intoxication convictions under Chapter 49, Penal Code, for
410	401		emergency medical services, trauma facilities, and trauma care
411	402		systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
412	403		(12) additional costs attendant to certain child
413	404		sexual assault and related convictions, for child abuse prevention
414	405		programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
415	406		(13) court cost for DNA testing for certain felonies
416	407		(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
417	408		(14) court cost for DNA testing for certain
418	409		misdemeanors and felonies (Art. 102.020(a)(2), Code of Criminal
419	410		Procedure) . . . $50;
420	411		(15) court cost for DNA testing for certain felonies
421	412		(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
422	413		(16) if required by the court, a restitution fee for
423	414		costs incurred in collecting restitution installments and for the
424	415		compensation to victims of crime fund (Art. 42.037, Code of
425	416		Criminal Procedure) . . . $12;
426	417		(17) if directed by the justice of the peace or
427	418		municipal court judge hearing the case, court costs on conviction
428	419		in a criminal action (Art. 45.041, Code of Criminal Procedure)
429	420		. . . part or all of the costs as directed by the judge; and
430	421		(18) costs attendant to convictions under Chapter 49,
431	422		Penal Code, and under Chapter 481, Health and Safety Code, to help
432	423		fund drug court programs established under Chapter 122, 123, 124,
433	424		or 125, Government Code, or former law (Art. 102.0178, Code of
434	425		Criminal Procedure) . . . $60.
435	426		SECTION 12. Section 102.0212, Government Code, is amended
436	427		to read as follows:
437	428		Sec. 102.0212. COURT COSTS ON CONVICTION: LOCAL GOVERNMENT
438	429		CODE. A person convicted of an offense shall pay the following
439	430		under the Local Government Code, in addition to all other costs:
440	431		(1) court costs on conviction of a felony (Sec.
441	432		133.102, Local Government Code) . . . $133;
442	433		(2) court costs on conviction of a Class A or Class B
443	434		misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
444	435		(3) court costs on conviction of a nonjailable
445	436		misdemeanor offense, including a criminal violation of a municipal
446	437		ordinance, other than a conviction of an offense relating to a
447	438		pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
448	439		Government Code) . . . $40;
449	440		(4) [a time payment fee if convicted of a felony or
450	441		misdemeanor for paying any part of a fine, court costs, or
451	442		restitution on or after the 31st day after the date on which a
452	443		judgment is entered assessing the fine, court costs, or restitution
453	444		(Sec. 133.103, Local Government Code) . . . $25;
454	445		[(5)] a cost on conviction of any offense, other than
455	446		an offense relating to a pedestrian or the parking of a motor
456	447		vehicle (Sec. 133.105, Local Government Code) . . . $6; and
457	448		(5) [(6)] a cost on conviction of any offense, other
458	449		than an offense relating to a pedestrian or the parking of a motor
459	450		vehicle (Sec. 133.107, Local Government Code) . . . $2.
460		-	SECTION 13. Section 133.003, Local Government Code, is
	451	+	SECTION 13. Section 103.0213, Government Code, is amended
	452	+	to read as follows:
	453	+	Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
	454	+	CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
	455	+	party to a civil suit, as applicable, shall pay the following fees
	456	+	and costs under the Transportation Code if ordered by the court or
	457	+	otherwise required:
	458	+	(1) administrative fee on dismissal of charge of
	459	+	driving with an expired motor vehicle registration (Sec. 502.407,
	460	+	Transportation Code) . . . not to exceed $20;
	461	+	(2) administrative fee on dismissal of charge of
	462	+	driving with an expired driver's license (Sec. 521.026,
	463	+	Transportation Code) . . . not to exceed $20;
	464	+	(2-a) administrative fee on remediation of charge of
	465	+	operation of a vehicle without a registration insignia (Sec.
	466	+	502.473, Transportation Code) . . . not to exceed $10;
	467	+	(3) administrative fee on remediation of charge of
	468	+	operating a vehicle without complying with inspection requirements
	469	+	as certified (Sec. 548.605, Transportation Code) . . . not to
	470	+	exceed $20;
	471	+	(4) administrative fee for failure to appear for a
	472	+	complaint or citation on certain offenses (Sec. 706.006,
	473	+	Transportation Code) . . . $30 [for each violation]; and
	474	+	(5) administrative fee for failure to pay or satisfy
	475	+	certain judgments (Sec. 706.006, Transportation Code) . . . $30.
	476	+	SECTION 14. Section 133.003, Local Government Code, is
461	477		amended to read as follows:
462	478		Sec. 133.003. CRIMINAL FEES. This chapter applies to the
463	479		following criminal fees:
464	480		(1) the consolidated fee imposed under Section
465	481		133.102;
466	482		(2) [the time payment fee imposed under Section
467	483		133.103;
468	484		[(3)] fees for services of peace officers employed by
469	485		the state imposed under Article 102.011, Code of Criminal
470	486		Procedure, and forwarded to the comptroller as provided by Section
471	487		133.104;
472	488		(3) [(4)] costs on conviction imposed in certain
473	489		statutory county courts under Section 51.702, Government Code, and
474	490		deposited in the judicial fund;
475	491		(4) [(5)] costs on conviction imposed in certain
476	492		county courts under Section 51.703, Government Code, and deposited
477	493		in the judicial fund;
478	494		(5) [(6)] the administrative fee for failure to appear
479	495		or failure to pay or satisfy a judgment imposed under Section
480	496		706.006, Transportation Code;
481	497		(6) [(7)] fines on conviction imposed under Section
482	498		621.506(g), Transportation Code;
483	499		(7) [(8)] the fee imposed under Article 102.0045, Code
484	500		of Criminal Procedure;
485	501		(8) [(9)] the cost on conviction imposed under Section
486	502		133.105 and deposited in the judicial fund; and
487	503		(9) [(10)] the cost on conviction imposed under
488	504		Section 133.107.
489		-	SECTION 14. Section 502.010, Transportation Code, is
490		-	amended by amending Subsection (c) and adding Subsection (i) to
491		-	read as follows:
492		-	(c) A county that has a contract under Subsection (b) shall
493		-	notify the department regarding a person for whom the county
494		-	assessor-collector or the department has refused to register a
495		-	motor vehicle on:
496		-	(1) the person's payment or other means of discharge,
497		-	including a waiver, of the past due fine, fee, or tax; or
498		-	(2) perfection of an appeal of the case contesting
499		-	payment of the fine, fee, or tax.
500		-	(i) If a county assessor-collector is notified that the
501		-	court having jurisdiction over the underlying offense has waived
502		-	the past due fine or fee due to the defendant's indigency, the
503		-	county may not impose an additional fee on the defendant under
504		-	Subsection (f).
505		-	SECTION 15. Section 502.010(f), Transportation Code, as
	505	+	SECTION 15. Section 502.010, Transportation Code, is
	506	+	amended by amending Subsection (a) and adding Subsections (f-2),
	507	+	(i), and (j) to read as follows:
	508	+	(a) Except as otherwise provided by this section, a [A]
	509	+	county assessor-collector or the department may refuse to register
	510	+	a motor vehicle if the assessor-collector or the department
	511	+	receives information that the owner of the vehicle:
	512	+	(1) owes the county money for a fine, fee, or tax that
	513	+	is past due; or
	514	+	(2) failed to appear in connection with a complaint,
	515	+	citation, information, or indictment in a court in the county in
	516	+	which a criminal proceeding is pending against the owner.
	517	+	(f-2) On payment or other means of discharge of a past due
	518	+	fine or fee that was imposed for a criminal offense, payment of the
	519	+	additional fee under Subsection (f)(1) may be waived by the county
	520	+	in which the fine or fee was owed or the court having jurisdiction
	521	+	over the offense.
	522	+	(i) If the court having jurisdiction over an offense for
	523	+	which a fine or fee was imposed makes a finding that the defendant
	524	+	is indigent, has insufficient resources or income to pay the fine or
	525	+	fee, or is otherwise unable to pay the fine or fee:
	526	+	(1) the court shall notify the county
	527	+	assessor-collector of the county in which the defendant intends to
	528	+	register the motor vehicle and the department of the finding;
	529	+	(2) a county assessor-collector or the department may
	530	+	not refuse to register the defendant's motor vehicle under this
	531	+	section; and
	532	+	(3) a county may not impose an additional fee on the
	533	+	defendant under Subsection (f).
	534	+	(j) For purposes of Subsection (i), a court:
	535	+	(1) shall presume that a defendant is indigent, has
	536	+	insufficient resources or income to pay the fine or fee, or is
	537	+	otherwise unable to pay a fine or fee if the defendant is:
	538	+	(A) paying an existing fine or fee in specified
	539	+	portions at designated intervals; or
	540	+	(B) performing community service in lieu of
	541	+	payment; and
	542	+	(2) may find a defendant to be indigent, to have
	543	+	insufficient resources or income to pay a fine or fee, or to
	544	+	otherwise be unable to pay a fine or fee after considering any
	545	+	information that the court considers appropriate.
	546	+	SECTION 16. Section 502.010(f), Transportation Code, as
506	547		amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of
507	548		the 82nd Legislature, Regular Session, 2011, is reenacted and
508	549		amended to read as follows:
509	550		(f) Except as otherwise provided by this section, a [A]
510	551		county that has a contract under Subsection (b) may impose an
511	552		additional fee of $20 to:
512	553		(1) a person who fails to pay a fine, fee, or tax to the
513	554		county by the date on which the fine, fee, or tax is due; or
514	555		(2) a person who fails to appear in connection with a
515	556		complaint, citation, information, or indictment in a court in which
516	557		a criminal proceeding is pending against the owner. [The
517	558		additional fee may be used only to reimburse the department or the
518	559		county for its expenses for providing services under the contract.]
519		-	SECTION 16. Section 521.242(a), Transportation Code, is
	560	+	SECTION 17. Section 521.242(a), Transportation Code, is
520	561		amended to read as follows:
521	562		(a) A person whose license has been suspended for a cause
522	563		other than a physical or mental disability or impairment or a
523	564		conviction of an offense under Sections 49.04-49.08, Penal Code,
524	565		may apply for an occupational license by filing a verified petition
525	566		with the clerk of a municipal, justice, county, or district court
526	567		with jurisdiction that includes the precinct or county in which:
527	568		(1) the person resides; or
528	569		(2) the offense occurred for which the license was
529	570		suspended.
530		-	SECTION 17. Section 706.005, Transportation Code, is
	571	+	SECTION 18. Chapter 706, Transportation Code, is amended by
	572	+	adding Section 706.0011 to read as follows:
	573	+	Sec. 706.0011. FINDING BY COURT OF INABILITY TO PAY. (a)
	574	+	If the court having jurisdiction over an offense for which a fine
	575	+	and cost were imposed makes a finding that the defendant is
	576	+	indigent, has insufficient resources or income to pay the fine and
	577	+	cost, or is otherwise unable to pay the fine and cost:
	578	+	(1) the court shall notify the political subdivision
	579	+	in which the court is located and the department of the finding;
	580	+	(2) the department may not deny renewal of the
	581	+	defendant's license under this chapter; and
	582	+	(3) an administrative fee may not be imposed on the
	583	+	defendant under Section 706.006.
	584	+	(b) For purposes of Subsection (a), a court:
	585	+	(1) shall presume that a defendant is indigent, has
	586	+	insufficient resources or income to pay a fine and cost, or is
	587	+	otherwise unable to pay a fine and cost if the defendant is:
	588	+	(A) paying an existing fine or cost in specified
	589	+	portions at designated intervals; or
	590	+	(B) performing community service in lieu of
	591	+	payment; and
	592	+	(2) may find a defendant to be indigent, to have
	593	+	insufficient resources or income to pay a fine and cost, or to be
	594	+	otherwise unable to pay a fine and cost after considering any
	595	+	information that the court considers appropriate.
	596	+	SECTION 19. Section 706.005, Transportation Code, is
531	597		amended to read as follows:
532	598		Sec. 706.005. CLEARANCE NOTICE TO DEPARTMENT. (a) A
533	599		political subdivision shall immediately notify the department that
534	600		there is no cause to continue to deny renewal of a person's driver's
535	601		license based on the person's previous failure to appear or failure
536	602		to pay or satisfy a judgment ordering the payment of a fine and cost
537	603		in the manner ordered by the court in a matter involving an offense
538	604		described by Section 706.002(a), on payment of a fee as provided by
539	605		Section 706.006 and:
540	606		(1) the perfection of an appeal of the case for which
541	607		the warrant of arrest was issued or judgment arose;
542		-	(2) the dismissal of the charge for which the warrant
543		-	of arrest was issued or judgment arose, other than a dismissal with
544		-	prejudice by the appropriate prosecuting attorney for lack of
545		-	evidence;
546		-	(3) the posting of bond or the giving of other security
547		-	to reinstate the charge for which the warrant was issued;
548		-	(4) the payment or discharge, including a waiver, of
549		-	the fine and cost owed on an outstanding judgment of the court; or
550		-	(5) other suitable arrangement to pay the fine and
551		-	cost within the court's discretion.
	608	+	(2) [the dismissal of the charge for which the warrant
	609	+	of arrest was issued or judgment arose;
	610	+	[(3)] the posting of bond or the giving of other
	611	+	security to reinstate the charge for which the warrant was issued;
	612	+	(3) [(4)] the payment or discharge of the fine and
	613	+	cost owed on an outstanding judgment of the court; or
	614	+	(4) [(5)] other suitable arrangement to pay the fine
	615	+	and cost within the court's discretion.
552	616		(b) The department may not continue to deny the renewal of
553	617		the person's driver's license under this chapter after the
554	618		department receives notice:
555	619		(1) under Subsection (a);
556	620		(2) that the person was acquitted of the charge on
557	621		which the person failed to appear;
558	622		(3) that the charge on which the person failed to
559		-	appear was dismissed with prejudice by the appropriate prosecuting
560		-	attorney for lack of evidence; or
	623	+	appear was dismissed; or
561	624		(4) [(3)] from the political subdivision that the
562	625		failure to appear report or court order to pay a fine or cost
563	626		relating to the person:
564	627		(A) was sent to the department in error; or
565	628		(B) has been destroyed in accordance with the
566		-	~~applicable~~ political subdivision's records retention policy.
567		-	SECTION 18. Section 706.006, Transportation Code, is
568		-	amended by amending Subsections (a) and (b) and adding ~~Subsections~~
569		-	~~(a-1) and~~ (d) to read as follows:
	629	+	political subdivision's records retention policy.
	630	+	SECTION 20. Section 706.006, Transportation Code, is
	631	+	amended by amending Subsections (a) and (b) and adding Subsection
	632	+	(d) to read as follows:
570	633		(a) Except as provided by Subsection (d), a [A] person who
571	634		fails to appear for a complaint or citation for an offense described
572	635		by Section 706.002(a) shall be required to pay an administrative
573		-	fee of $30 for each complaint or citation reported to the department
574		-	under this chapter, unless:
575		-	(1) the person is acquitted of the charges on [for]
576		-	which the person failed to appear;
577		-	(2) the charges on which the person failed to appear
578		-	were dismissed with prejudice by the appropriate prosecuting
579		-	attorney for lack of evidence;
580		-	(3) the failure to appear report was sent to the
581		-	department in error; or
582		-	(4) the case regarding the complaint or citation is
583		-	closed and the failure to appear report has been destroyed in
584		-	accordance with the applicable political subdivision's records
585		-	retention policy.
586		-	(a-1) A [The] person who is required to pay a fee under
587		-	Subsection (a) shall pay the fee when:
	636	+	fee of $30 for all complaints or citations that are issued for
	637	+	offenses arising from the same criminal episode and are [each
	638	+	complaint or citation] reported to the department under this
	639	+	chapter, unless the person is acquitted of the charges for which the
	640	+	person failed to appear or those charges are dismissed. The person
	641	+	shall pay the fee when:
588	642		(1) the court enters judgment on the underlying
589		-	offense reported to the department;
590		-	(2) the underlying offense is dismissed, other than a
591		-	dismissal described by Subsection (a)(2); or
592		-	(3) bond or other security is posted to reinstate the
593		-	charge for which the warrant was issued.
	643	+	offense reported to the department; or
	644	+	(2) [the underlying offense is dismissed; or
	645	+	[(3)] bond or other security is posted to reinstate
	646	+	the charge for which the warrant was issued.
594	647		(b) Except as provided by Subsection (d), a [A] person who
595	648		fails to pay or satisfy a judgment ordering the payment of a fine
596	649		and cost in the manner the court orders shall be required to pay an
597	650		administrative fee of $30.
598	651		(d) A municipal court judge or justice of the peace who has
599		-	jurisdiction over the underlying offense shall waive any
600		-	administrative fee required by this section if the judge or justice
601		-	makes a finding that the defendant is indigent under Article
602		-	45.0491, Code of Criminal Procedure.
603		-	SECTION 19. Section 708.158, Transportation Code, is
	652	+	jurisdiction over the underlying offense may waive an
	653	+	administrative fee required by this section.
	654	+	SECTION 21. Section 708.158, Transportation Code, is
604	655		amended by adding Subsection (c) to read as follows:
605	656		(c) Not later than the fifth day after the date the court
606	657		receives information described by Subsection (b) establishing that
607	658		a person is indigent, the court shall notify the department that the
608	659		person is indigent for the purposes of this chapter.
609		-	SECTION 20. Section 133.103, Local Government Code, is
	660	+	SECTION 22. Section 133.103, Local Government Code, is
610	661		repealed.
611		-	SECTION 21. The changes in law made by this Act to Article
	662	+	SECTION 23. The changes in law made by this Act to Article
612	663		14.06, Code of Criminal Procedure, and Section 502.010 and Chapter
613	664		706, Transportation Code, apply only to an offense committed on or
614	665		after the effective date of this Act. An offense committed before
615	666		the effective date of this Act is governed by the law in effect on
616	667		the date the offense was committed, and the former law is continued
617	668		in effect for that purpose. For purposes of this section, an
618	669		offense was committed before the effective date of this Act if any
619	670		element of the offense occurred before that date.
620		-	SECTION 22. The changes in law made by this Act to Articles
	671	+	SECTION 24. The changes in law made by this Act to Articles
621	672		45.014, 45.023, 45.041, 45.046, 45.049, and 45.0491, Code of
622	673		Criminal Procedure, apply to a sentencing proceeding that commences
623	674		before, on, or after the effective date of this Act.
624		-	SECTION 23. The change in law made by this Act to Article
	675	+	SECTION 25. The change in law made by this Act to Article
625	676		45.045, Code of Criminal Procedure, applies only to a capias pro
626	677		fine issued on or after the effective date of this Act. A capias pro
627	678		fine issued before the effective date of this Act is governed by the
628	679		law in effect on the date the capias pro fine was issued, and the
629	680		former law is continued in effect for that purpose.
630		-	SECTION 24. The change in law made by this Act to Article
	681	+	SECTION 26. The change in law made by this Act to Article
631	682		45.048, Code of Criminal Procedure, applies to a defendant who is
632	683		placed in jail on or after the effective date of this Act for
633	684		failure to pay the fine and costs imposed on conviction of an
634	685		offense, regardless of whether the offense of which the defendant
635	686		was convicted was committed before, on, or after the effective date
636	687		of this Act.
637		-	SECTION 25. The changes in law made by this Act to Article
	688	+	SECTION 27. The changes in law made by this Act to Article
638	689		102.011, Code of Criminal Procedure, and Section 102.021,
639	690		Government Code, apply only to a fee imposed for an arrest warrant,
640	691		capias, or capias pro fine issued on or after the effective date of
641	692		this Act. A fee imposed for an arrest warrant, capias, or capias
642	693		pro fine issued before the effective date of this Act is governed by
643	694		the law in effect on the date the arrest warrant, capias, or capias
644	695		pro fine was issued, and the former law is continued in effect for
645	696		that purpose.
646		-	SECTION 26. The repeal by this Act of Section 133.103, Local
	697	+	SECTION 28. The repeal by this Act of Section 133.103, Local
647	698		Government Code, does not apply to an offense committed before the
648	699		effective date of this Act. An offense committed before the
649	700		effective date of this Act is governed by the law as it existed on
650	701		the date the offense was committed, and the former law is continued
651	702		in effect for that purpose. For purposes of this section, an
652	703		offense was committed before the effective date of this Act if any
653	704		element of the offense occurred before that date.
654		-	SECTION 27. This Act takes effect September 1, 2017.
	705	+	SECTION 29. This Act takes effect September 1, 2017.