| 1 | 1 | | 85R2046 JRH-D |
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| 2 | 2 | | By: Shaheen H.B. No. 736 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the maintenance of information entered into a fee |
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| 8 | 8 | | record. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 103, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 103.0081 to read as follows: |
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| 12 | 12 | | Art. 103.0081. UNCOLLECTIBLE FEES. (a) Any officer |
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| 13 | 13 | | authorized by this chapter to collect a fee or item of cost may |
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| 14 | 14 | | request the trial court in which a criminal action or proceeding was |
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| 15 | 15 | | held to make a finding that a fee or item of cost imposed in the |
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| 16 | 16 | | action or proceeding is uncollectible if the officer believes: |
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| 17 | 17 | | (1) the defendant is deceased; |
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| 18 | 18 | | (2) the defendant is serving a sentence for |
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| 19 | 19 | | imprisonment for life or life without parole; or |
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| 20 | 20 | | (3) the fee has been unpaid for at least 10 years. |
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| 21 | 21 | | (b) On a finding by a court that any condition described by |
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| 22 | 22 | | Subsections (a)(1)-(3) is true, the court may order the officer to |
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| 23 | 23 | | designate the fee or item of cost as uncollectible in the fee |
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| 24 | 24 | | record. The officer shall attach a copy of the court's order to the |
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| 25 | 25 | | fee record. |
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| 26 | 26 | | SECTION 2. Subchapter G, Chapter 51, Government Code, is |
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| 27 | 27 | | amended by adding Section 51.609 to read as follows: |
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| 28 | 28 | | Sec. 51.609. UNCOLLECTIBLE FEES. (a) The clerk may request |
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| 29 | 29 | | the court in which a court cost or fee was imposed on a party in a |
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| 30 | 30 | | civil case to make a finding that the cost or fee is uncollectible |
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| 31 | 31 | | if the cost or fee has been unpaid for at least 20 years. |
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| 32 | 32 | | (b) On a finding by a court that a court cost or fee imposed |
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| 33 | 33 | | on a party in a civil case is uncollectible, the court may order the |
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| 34 | 34 | | clerk to designate the cost or fee as uncollectible in the fee |
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| 35 | 35 | | record. The clerk shall attach a copy of the court's order to the |
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| 36 | 36 | | fee record. |
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| 37 | 37 | | (c) This section does not apply to a court cost or fee |
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| 38 | 38 | | imposed by the supreme court, the court of criminal appeals, or a |
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| 39 | 39 | | court of appeals. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2017. |
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