Texas 2017 - 85th Regular

Texas Senate Bill SB1913 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1913
	1	+	By: Zaffirini, et al. S.B. No. 1913
	2	+	(Thompson of Harris)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the administrative, civil, and criminal consequences,
6	8		including fines, fees, and costs, imposed on persons arrested for,
7	9		charged with, or convicted of certain criminal offenses.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Article 14.06(b), Code of Criminal Procedure, is
10	12		amended to read as follows:
11	13		(b) A peace officer who is charging a person, including a
12	14		child, with committing an offense that is a Class C misdemeanor,
13	15		other than an offense under Section 49.02, Penal Code, may, instead
14	16		of taking the person before a magistrate, issue a citation to the
15	17		person that contains:
16	18		(1) written notice of the time and place the person
17	19		must appear before a magistrate;
18	20		(2) [,] the name and address of the person charged;
19	21		(3) [,] the offense charged;
20	22		(4) information regarding the alternatives to the full
21	23		payment of any fine or costs assessed against the person, if the
22	24		person is convicted of the offense and is unable to pay that
23	25		amount;[,] and
24	26		(5) the following admonishment, in boldfaced or
25	27		underlined type or in capital letters:
26	28		"If you are convicted of a misdemeanor offense involving
27	29		violence where you are or were a spouse, intimate partner, parent,
28	30		or guardian of the victim or are or were involved in another,
29	31		similar relationship with the victim, it may be unlawful for you to
30	32		possess or purchase a firearm, including a handgun or long gun, or
31	33		ammunition, pursuant to federal law under 18 U.S.C. Section
32	34		922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
33	35		questions whether these laws make it illegal for you to possess or
34	36		purchase a firearm, you should consult an attorney."
35	37		SECTION 2. Section 4(a), Article 17.42, Code of Criminal
36	38		Procedure, is amended to read as follows:
37	39		(a) Except as otherwise provided by this subsection, if [If]
38	40		a court releases an accused on personal bond on the recommendation
39	41		of a personal bond office, the court shall assess a personal bond
40	42		fee of $20 or three percent of the amount of the bail fixed for the
41	43		accused, whichever is greater. The court may waive the fee or
42	44		assess a lesser fee if good cause is shown. A court that requires a
43	45		defendant to give a personal bond under Article 45.016 may not
44	46		assess a personal bond fee under this subsection.
45	47		SECTION 3. Article 27.14(b), Code of Criminal Procedure, is
46	48		amended to read as follows:
47	49		(b) A defendant charged with a misdemeanor for which the
48	50		maximum possible punishment is by fine only may, in lieu of the
49	51		method provided in Subsection (a) [of this article], mail or
50	52		deliver in person to the court a plea of "guilty" or a plea of "nolo
51	53		contendere" and a waiver of jury trial. The defendant may also
52	54		request in writing that the court notify the defendant, at the
53	55		address stated in the request, of the amount of an appeal bond that
54	56		the court will approve. If the court receives a plea and waiver
55	57		before the time the defendant is scheduled to appear in court, the
56	58		court shall dispose of the case without requiring a court
57	59		appearance by the defendant. If the court receives a plea and
58	60		waiver after the time the defendant is scheduled to appear in court
59	61		but at least five business days before a scheduled trial date, the
60	62		court shall dispose of the case without requiring a court
61	63		appearance by the defendant. The court shall notify the defendant
62		-	either in person or by ~~regular [~~certified] mail[, return receipt
63		-	~~requested,] of~~ the amount of any fine or costs assessed in the case,
64		-	~~information~~ regarding the alternatives to the full payment of any
65		-	~~fine or costs~~ assessed against the defendant, if the defendant is
66		-	~~unable to pay~~ that amount, and, if requested by the defendant, the
67		-	~~amount of an~~ appeal bond that the court will approve. Except as
68		-	~~otherwise~~ provided by this code, the [The] defendant shall pay any
69		-	~~fine or~~ costs assessed or give an appeal bond in the amount stated
70		-	~~in the~~ notice before the 31st day after receiving the notice.
	64	+	either in person or by certified mail, return receipt requested, of
	65	+	the amount of any fine or costs assessed in the case, information
	66	+	regarding the alternatives to the full payment of any fine or costs
	67	+	assessed against the defendant, if the defendant is unable to pay
	68	+	that amount, and, if requested by the defendant, the amount of an
	69	+	appeal bond that the court will approve. Except as otherwise
	70	+	provided by this code, the [The] defendant shall pay any fine or
	71	+	costs assessed or give an appeal bond in the amount stated in the
	72	+	notice before the 31st day after receiving the notice.
71	73		SECTION 4. Article 42.15, Code of Criminal Procedure, is
72	74		amended by adding Subsection (a-1) and amending Subsection (b) to
73	75		read as follows:
74	76		(a-1) Notwithstanding any other provision of this article,
75		-	during or immediately after imposing a sentence in a case in which
76		-	the defendant entered a plea in open court as provided by Article
77		-	27.13, 27.14(a), or 27.16(a), a court shall inquire whether the
78		-	defendant has sufficient resources or income to immediately pay all
79		-	or part of the fine and costs. If the court determines that the
80		-	defendant does not have sufficient resources or income to
81		-	immediately pay all or part of the fine and costs, the court shall
82		-	determine whether the fine and costs should be:
83		-	(1) subject to Subsection (c), required to be paid at
84		-	some later date or in a specified portion at designated intervals;
85		-	(2) discharged by performing community service under,
86		-	as applicable, Article 43.09(f), Article 45.049, Article 45.0492,
87		-	as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
88		-	Regular Session, 2011, or Article 45.0492, as added by Chapter 777
89		-	(H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011;
90		-	(3) waived in full or in part under Article 43.091 or
91		-	45.0491; or
92		-	(4) satisfied through any combination of methods under
93		-	Subdivisions (1)-(3).
	77	+	at the punishment stage in a case in which the defendant entered a
	78	+	plea in open court as provided by Article 27.13, 27.14(a), or
	79	+	27.16(a), a court may impose a fine and costs only if the court
	80	+	makes a determination that the defendant has sufficient resources
	81	+	or income to pay all or part of the fine and costs. In making that
	82	+	determination, the court shall consider the defendant's financial
	83	+	history and any other information relevant to the defendant's
	84	+	ability to pay.
94	85		(b) Subject to Subsections (c) and (d) and Article 43.091,
95	86		when imposing a fine and costs, a court may direct a defendant:
96	87		(1) to pay the entire fine and costs when sentence is
97	88		pronounced;
98	89		(2) to pay the entire fine and costs at some later
99	90		date; or
100	91		(3) to pay a specified portion of the fine and costs at
101	92		designated intervals.
102	93		SECTION 5. Article 43.05, Code of Criminal Procedure, is
103	94		amended by adding Subsections (a-1) and (a-2) to read as follows:
104	95		(a-1) A court may not issue a capias pro fine for the
105	96		defendant's failure to satisfy the judgment according to its terms
106	97		unless the court holds a hearing on the defendant's ability to
107	98		satisfy the judgment and:
108	99		(1) the defendant fails to appear at the hearing; or
109	100		(2) based on evidence presented at the hearing, the
110		-	court determines that the capias pro fine should be issued.
	101	+	court makes a determination that:
	102	+	(A) the defendant is not indigent and has failed
	103	+	to make a good faith effort to discharge the fine or costs; or
	104	+	(B) the defendant is indigent and:
	105	+	(i) has failed to make a good faith effort
	106	+	to discharge the fine or costs under Article 43.09(f); and
	107	+	(ii) could have discharged the fine or
	108	+	costs under Article 43.09(f) without experiencing any undue
	109	+	hardship.
111	110		(a-2) The court shall recall a capias pro fine if, before
112		-	the capias pro fine is executed:
113		-	(1) the defendant voluntarily appears to resolve the
114		-	amount owed; and
115		-	(2) the amount owed is resolved in any manner
116		-	authorized by this code.
	111	+	the capias pro fine is executed, the defendant voluntarily appears
	112	+	to resolve the amount owed.
117	113		SECTION 6. Article 43.09, Code of Criminal Procedure, is
118	114		amended by amending Subsections (a), (g), (h), (j), and (l) and
119	115		adding Subsection (h-1) to read as follows:
120	116		(a) When a defendant is convicted of a misdemeanor and the
121	117		defendant's [his] punishment is assessed at a pecuniary fine or is
122	118		confined in a jail after conviction of a felony for which a fine is
123	119		imposed, if the defendant [he] is unable to pay the fine and costs
124	120		adjudged against the defendant [him], the defendant [he] may for
125	121		such time as will satisfy the judgment be put to work in the county
126	122		jail industries program, in the workhouse, or on the county farm, or
127	123		public improvements and maintenance projects of the county or a
128	124		political subdivision located in whole or in part in the county, as
129	125		provided in Article 43.10 [the succeeding article]; or if there is
130	126		[be] no such county jail industries program, workhouse, farm, or
131	127		improvements and maintenance projects, the defendant [he] shall be
132	128		confined in jail for a sufficient length of time to discharge the
133	129		full amount of fine and costs adjudged against the defendant [him];
134	130		rating such confinement at $100 [$50] for each day and rating such
135	131		labor at $100 [$50] for each day; provided, however, that the
136	132		defendant may pay the pecuniary fine assessed against the defendant
137	133		[him] at any time while the defendant [he] is serving at work in the
138	134		county jail industries program, in the workhouse, or on the county
139	135		farm, or on the public improvements and maintenance projects of the
140	136		county or a political subdivision located in whole or in part in the
141	137		county, or while the defendant [he] is serving the defendant's
142	138		[his] jail sentence, and in such instances the defendant is [he
143	139		shall be] entitled to the credit [he has] earned under this
144	140		subsection during the time that the defendant [he] has served and
145	141		the defendant [he] shall only be required to pay the [his] balance
146	142		of the pecuniary fine assessed against the defendant [him]. A
147	143		defendant who performs labor under this article during a day in
148	144		which the defendant [he] is confined is entitled to both the credit
149	145		for confinement and the credit for labor provided by this article.
150	146		(g) In the court's [its] order requiring a defendant to
151	147		perform [participate in] community service [work] under Subsection
152	148		(f) [of this article], the court must specify:
153	149		(1) the number of hours of community service the
154	150		defendant is required to perform [work]; [and]
155	151		(2) whether the community supervision and corrections
156	152		department or a court-related services office will perform the
157	153		administrative duties required by the placement of the defendant in
158	154		the community service program; and
159	155		(3) the date by which the defendant must submit to the
160	156		court documentation verifying the defendant's completion of the
161	157		community service.
162	158		(h) The court may order the defendant to perform community
163	159		service [work] under Subsection (f):
164	160		(1) by attending a work and job skills training
165	161		program, preparatory class for the high school equivalency
166	162		examination administered under Section 7.111, Education Code, or
167	163		similar activity; or
168	164		(2) [of this article only] for:
169	165		(A) a governmental entity;
170	166		(B) [or] a nonprofit organization or another
171	167		organization that provides services to the general public that
172	168		enhance social welfare and the general well-being of the community,
173		-	as determined by the court; or
174		-	(C) an educational institution.
	169	+	as determined by the court;
	170	+	(C) a religious organization;
	171	+	(D) a neighborhood association or group; or
	172	+	(E) an educational institution.
175	173		(h-1) An [A governmental] entity [or nonprofit
176	174		organization] that accepts a defendant under Subsection (f) [of
177	175		this article] to perform community service must agree to supervise,
178	176		either on-site or remotely, the defendant in the performance of the
179	177		defendant's community service [work] and report on the defendant's
180	178		community service [work] to the district probation department or
181	179		court-related services office.
182	180		(j) A court may not order a defendant to perform more than 16
183	181		hours per week of community service under Subsection (f) [of this
184	182		article] unless the court determines that requiring the defendant
185	183		to perform [work] additional hours does not impose an undue [work a]
186	184		hardship on the defendant or the defendant's dependents.
187	185		(l) A sheriff, employee of a sheriff's department, county
188	186		commissioner, county employee, county judge, an employee of a
189	187		community corrections and supervision department, restitution
190	188		center, or officer or employee of a political subdivision other
191	189		than a county or an entity that accepts a defendant under this
192	190		article to perform community service is not liable for damages
193	191		arising from an act or failure to act in connection with manual
194	192		labor performed by an inmate or community service performed by a
195	193		defendant under [pursuant to] this article if the act or failure to
196	194		act:
197	195		(1) was performed pursuant to confinement or other
198	196		court order; and
199	197		(2) was not intentional, wilfully or wantonly
200	198		negligent, or performed with conscious indifference or reckless
201	199		disregard for the safety of others.
202	200		SECTION 7. Article 43.091, Code of Criminal Procedure, is
203	201		amended to read as follows:
204	202		Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
205	203		CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A court may waive
206	204		payment of all or part of a fine or costs [cost] imposed on a
207		-	defendant [who defaults in payment] if the court determines that:
208		-	(1) the defendant is indigent or does not have
209		-	sufficient resources or income to pay all or part of the fine or
210		-	costs or was, at the time the offense was committed, a child as
	205	+	defendant [who defaults in payment] if the court determines:
	206	+	(1) that:
	207	+	(A) [(1)] the defendant is indigent or does not
	208	+	have sufficient resources or income to pay all or part of the fine
	209	+	or costs or was, at the time the offense was committed, a child as
211	210		defined by Article 45.058(h); and
212		-	(2) each alternative method of discharging the fine or
213		-	cost under Article 43.09 or 42.15 would impose an undue hardship on
214		-	the defendant.
	211	+	(B) [(2)] each alternative method of discharging
	212	+	the fine or cost under Article 43.09 or 42.15 would impose an undue
	213	+	hardship on the defendant; or
	214	+	(2) that the waiver is in the interest of justice.
215	215		SECTION 8. Article 45.014, Code of Criminal Procedure, is
216	216		amended by adding Subsections (e), (f), and (g) to read as follows:
217	217		(e) A justice or judge may not issue an arrest warrant for
218		-	the defendant's failure to appear at the initial court setting,
219		-	including failure to appear as required by a citation issued under
220		-	Article 14.06(b), unless:
	218	+	the defendant's failure to appear, including failure to appear as
	219	+	required by a citation issued under Article 14.06(b), unless:
221	220		(1) the justice or judge provides by telephone or
222	221		regular mail to the defendant notice that includes:
223	222		(A) a date and time, occurring within the 30-day
224	223		period following the date that notice is provided, when the
225	224		defendant must appear before the justice or judge;
226	225		(B) the name and address of the court with
227		-	jurisdiction in the case;
	226	+	jurisdiction in the case and a telephone number that the defendant
	227	+	may use to request an alternative date or time under Subsection (f);
228	228		(C) information regarding alternatives to the
229	229		full payment of any fine or costs owed by the defendant, if the
230	230		defendant is unable to pay that amount; and
231	231		(D) an explanation of the consequences if the
232	232		defendant fails to appear before the justice or judge as required by
233	233		this article; and
234	234		(2) the defendant fails to appear before the justice
235	235		or judge as required by this article.
236	236		(f) A defendant who receives notice under Subsection (e) may
237	237		request an alternative date or time to appear before the justice or
238	238		judge if the defendant is unable to appear on the date and time
239	239		included in the notice.
240	240		(g) A justice or judge shall recall an arrest warrant for
241	241		the defendant's failure to appear if the defendant voluntarily
242	242		appears and makes a good faith effort to resolve the arrest warrant
243	243		before the warrant is executed.
244	244		SECTION 9. Article 45.016, Code of Criminal Procedure, is
245	245		amended to read as follows:
246	246		Art. 45.016. PERSONAL BOND; BAIL BOND. (a) The justice or
247	247		judge may require the defendant to give a personal bond [bail] to
248	248		secure the defendant's appearance in accordance with this code.
249	249		(b) The justice or judge may not, either instead of or in
250	250		addition to the personal bond, require a defendant to give a bail
251		-	bond unless:
	251	+	bond, as defined by Article 17.02, or require a surety or other
	252	+	security unless:
252	253		(1) the defendant fails to appear in accordance with
253	254		this code with respect to the applicable offense; and
254		-	(2) the justice or judge determines that:
255		-	(A) the defendant has sufficient resources or
256		-	income to give a bail bond; and
257		-	(B) a bail bond is necessary to secure the
258		-	defendant's appearance in accordance with this code.
	255	+	(2) the justice or judge determines that the defendant
	256	+	has sufficient resources or income to give a bail bond or that a
	257	+	surety or other security is necessary to secure the defendant's
	258	+	appearance in accordance with this code.
259	259		(c) If before the expiration of a 48-hour period following
260	260		the issuance of the applicable order a defendant described by
261	261		Subsections (b)(1) and (2) does not give a required bail bond, the
262	262		justice or judge:
263	263		(1) shall reconsider the requirement for the defendant
264	264		to give the bail bond and presume that the defendant does not have
265	265		sufficient resources or income to give the bond; and
266	266		(2) may require the defendant to give a personal bond.
267	267		(d) If the defendant refuses to give a personal bond or,
268	268		except as provided by Subsection (c), refuses or otherwise fails to
269	269		give a bail bond, the defendant may be held in custody.
270	270		SECTION 10. Article 45.041, Code of Criminal Procedure, is
271	271		amended by adding Subsection (a-1) and amending Subsection (b) to
272	272		read as follows:
273	273		(a-1) Notwithstanding any other provision of this article,
274		-	during or immediately after imposing a sentence in a case in which
275		-	the defendant entered a plea in open court as provided by Article
276		-	27.14(a) or 27.16(a), the justice or judge shall inquire whether
277		-	the defendant has sufficient resources or income to immediately pay
278		-	all or part of the fine and costs. If the justice or judge
279		-	determines that the defendant does not have sufficient resources or
280		-	income to immediately pay all or part of the fine and costs, the
281		-	justice or judge shall determine whether the fine and costs should
282		-	be:
283		-	(1) subject to Subsection (b-2), required to be paid
284		-	at some later date or in a specified portion at designated
285		-	intervals;
286		-	(2) discharged by performing community service under,
287		-	as applicable, Article 45.049, Article 45.0492, as added by Chapter
288		-	227 (H.B. 350), Acts of the 82nd Legislature, Regular Session,
289		-	2011, or Article 45.0492, as added by Chapter 777 (H.B. 1964), Acts
290		-	of the 82nd Legislature, Regular Session, 2011;
291		-	(3) waived in full or in part under Article 45.0491; or
292		-	(4) satisfied through any combination of methods under
293		-	Subdivisions (1)-(3).
	274	+	at the punishment stage in a case in which the defendant entered a
	275	+	plea in open court as provided by Article 27.14(a) or 27.16(a), the
	276	+	justice or judge may impose a fine and costs only if the justice or
	277	+	judge makes a determination that the defendant has sufficient
	278	+	resources or income to pay all or part of the fine and costs. In
	279	+	making that determination, the justice or judge shall consider the
	280	+	defendant's financial history and any other information relevant to
	281	+	the defendant's ability to pay.
294	282		(b) Subject to Subsections (b-2) and (b-3) and Article
295	283		45.0491, the justice or judge may direct the defendant:
296	284		(1) to pay:
297	285		(A) the entire fine and costs when sentence is
298	286		pronounced;
299	287		(B) the entire fine and costs at some later date;
300	288		or
301	289		(C) a specified portion of the fine and costs at
302	290		designated intervals;
303	291		(2) if applicable, to make restitution to any victim
304	292		of the offense; and
305	293		(3) to satisfy any other sanction authorized by law.
306	294		SECTION 11. Article 45.0425(a), Code of Criminal Procedure,
307	295		is amended to read as follows:
308	296		(a) If the court from whose judgment and sentence the appeal
309	297		is taken is in session, the court must approve the bail. The amount
310	298		of an appeal [a bail] bond may not be less than two times the amount
311	299		of the fine and costs adjudged against the defendant, payable to the
312	300		State of Texas. The appeal bond [bail] may not in any case be for an
313	301		amount [a sum] less than $50. If the appeal bond otherwise meets
314	302		the requirements of this code, the court without requiring a court
315	303		appearance by the defendant shall approve the appeal bond in the
316	304		amount the court under Article 27.14(b) notified the defendant
317	305		would be approved.
318	306		SECTION 12. Article 45.045, Code of Criminal Procedure, is
319	307		amended by adding Subsections (a-2) and (a-3) to read as follows:
320	308		(a-2) The court may not issue a capias pro fine for the
321	309		defendant's failure to satisfy the judgment according to its terms
322	310		unless the court holds a hearing on the defendant's ability to
323	311		satisfy the judgment and:
324	312		(1) the defendant fails to appear at the hearing; or
325	313		(2) based on evidence presented at the hearing, the
326		-	court determines that the capias pro fine should be issued.
	314	+	court makes a determination that:
	315	+	(A) the defendant is not indigent and has failed
	316	+	to make a good faith effort to discharge the fine or costs; or
	317	+	(B) the defendant is indigent and:
	318	+	(i) has failed to make a good faith effort
	319	+	to discharge the fine or costs under Article 45.049; and
	320	+	(ii) could have discharged the fine or
	321	+	costs under Article 45.049 without experiencing any undue hardship.
327	322		(a-3) The court shall recall a capias pro fine if, before
328		-	the capias pro fine is executed:
329		-	(1) the defendant voluntarily appears to resolve the
330		-	amount owed; and
331		-	(2) the amount owed is resolved in any manner
332		-	authorized by this chapter.
	323	+	the capias pro fine is executed, the defendant voluntarily appears
	324	+	to resolve the amount owed.
333	325		SECTION 13. Article 45.046(a), Code of Criminal Procedure,
334	326		is amended to read as follows:
335	327		(a) When a judgment and sentence have been entered against a
336	328		defendant and the defendant defaults in the discharge of the
337	329		judgment, the judge may order the defendant confined in jail until
338	330		discharged by law if the judge at a hearing makes a written
339	331		determination that:
340	332		(1) the defendant is not indigent and has failed to
341	333		make a good faith effort to discharge the fine or [and] costs; or
342	334		(2) the defendant is indigent and:
343	335		(A) has failed to make a good faith effort to
344	336		discharge the fine or [fines and] costs under Article 45.049; and
345	337		(B) could have discharged the fine or [fines and]
346	338		costs under Article 45.049 without experiencing any undue hardship.
347	339		SECTION 14. Article 45.048, Code of Criminal Procedure, is
348	340		amended to read as follows:
349	341		Art. 45.048. DISCHARGED FROM JAIL. (a) A defendant placed
350	342		in jail on account of failure to pay the fine and costs shall be
351	343		discharged on habeas corpus by showing that the defendant:
352	344		(1) is too poor to pay the fine and costs; or
353	345		(2) has remained in jail a sufficient length of time to
354	346		satisfy the fine and costs, at the rate of not less than $100 [$50]
355	347		for each period [of time] served, as specified by the convicting
356	348		court in the judgment in the case.
357	349		(b) A convicting court may specify a period [of time] that
358	350		is not less than eight hours or more than 24 hours as the period for
359	351		which a defendant who fails to pay the fine [fines] and costs in the
360	352		case must remain in jail to satisfy $100 [$50] of the fine and
361	353		costs.
362	354		SECTION 15. Article 45.049, Code of Criminal Procedure, is
363	355		amended by amending Subsections (b), (c), (d), (e), (f), and (g) and
364	356		adding Subsection (c-1) to read as follows:
365	357		(b) In the justice's or judge's order requiring a defendant
366	358		to perform [participate in] community service [work] under this
367	359		article, the justice or judge must specify:
368	360		(1) the number of hours of community service the
369	361		defendant is required to perform; and
370	362		(2) the date by which the defendant must submit to the
371	363		court documentation verifying the defendant's completion of the
372	364		community service [work].
373	365		(c) The justice or judge may order the defendant to perform
374	366		community service [work] under this article:
375	367		(1) by attending a work and job skills training
376	368		program, a preparatory class for the high school equivalency
377	369		examination administered under Section 7.111, Education Code, or
378	370		similar activity; or
379	371		(2) [only] for:
380	372		(A) a governmental entity;
381	373		(B) [or] a nonprofit organization or another
382	374		organization that provides services to the general public that
383	375		enhance social welfare and the general well-being of the community,
384		-	as determined by the justice or judge; or
385		-	(C) an educational institution.
	376	+	as determined by the justice or judge;
	377	+	(C) a religious organization;
	378	+	(D) a neighborhood association or group; or
	379	+	(E) an educational institution.
386	380		(c-1) An [A governmental] entity [or nonprofit
387	381		organization] that accepts a defendant under this article to
388	382		perform community service must agree to supervise, either on-site
389	383		or remotely, the defendant in the performance of the defendant's
390	384		community service [work] and report on the defendant's community
391	385		service [work] to the justice or judge who ordered the [community]
392	386		service.
393	387		(d) A justice or judge may not order a defendant to perform
394	388		more than 16 hours per week of community service under this article
395	389		unless the justice or judge determines that requiring the defendant
396	390		to perform [work] additional hours does not impose an undue [work a]
397	391		hardship on the defendant or the defendant's dependents.
398	392		(e) A defendant is considered to have discharged not less
399	393		than $100 [$50] of fines or costs for each eight hours of community
400	394		service performed under this article.
401	395		(f) A sheriff, employee of a sheriff's department, county
402	396		commissioner, county employee, county judge, justice of the peace,
403	397		municipal court judge, or officer or employee of a political
404	398		subdivision other than a county or an entity that accepts a
405	399		defendant under this article to perform community service is not
406	400		liable for damages arising from an act or failure to act in
407	401		connection with community service [manual labor] performed by a
408	402		defendant under this article if the act or failure to act:
409	403		(1) was performed pursuant to court order; and
410	404		(2) was not intentional, wilfully or wantonly
411	405		negligent, or performed with conscious indifference or reckless
412	406		disregard for the safety of others.
413	407		(g) This subsection applies only to a defendant who is
414	408		charged with a traffic offense or an offense under Section 106.05,
415	409		Alcoholic Beverage Code, and is a resident of this state. If under
416	410		Article 45.051(b)(10), Code of Criminal Procedure, the judge
417	411		requires the defendant to perform community service as a condition
418	412		of the deferral, the defendant is entitled to elect whether to
419	413		perform the required [governmental entity or nonprofit
420	414		organization community] service in:
421	415		(1) the county in which the court is located; or
422	416		(2) the county in which the defendant resides, but
423	417		only if the applicable entity [or organization] agrees to:
424	418		(A) supervise, either on-site or remotely, the
425	419		defendant in the performance of the defendant's community service
426	420		[work]; and
427	421		(B) report to the court on the defendant's
428	422		community service [work].
429	423		SECTION 16. Article 45.0491, Code of Criminal Procedure, is
430	424		amended to read as follows:
431	425		Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR
432		-	CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. ~~(a)~~ A municipal
433		-	~~court,~~ regardless of whether the court is a court of record, or a
434		-	~~justice~~ court may waive payment of all or part of a fine or costs
435		-	~~imposed on~~ a defendant [who defaults in payment] if the court
436		-	~~determines~~ that:
437		-	(1) the defendant is indigent or does not ~~have~~
438		-	sufficient resources or income to pay all or part of the fine or
439		-	costs or was, at the time the offense was committed, a child as
	426	+	CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A municipal court,
	427	+	regardless of whether the court is a court of record, or a justice
	428	+	court may waive payment of all or part of a fine or costs imposed on
	429	+	a defendant [who defaults in payment] if the court determines:
	430	+	(1) that:
	431	+	(A) [(1)] the defendant is indigent or does not
	432	+	have sufficient resources or income to pay all or part of the fine
	433	+	or costs or was, at the time the offense was committed, a child as
440	434		defined by Article 45.058(h); and
441		-	(2) discharging the fine or [and] costs under Article
442		-	45.049 or as otherwise authorized by this chapter would impose an
443		-	undue hardship on the defendant.
444		-	(b) A defendant is presumed to be indigent or to not have
445		-	sufficient resources or income to pay all or part of the fine or
446		-	costs if the defendant:
447		-	(1) is in the conservatorship of the Department of
448		-	Family and Protective Services, or was in the conservatorship of
449		-	that department at the time of the offense; or
450		-	(2) is designated as a homeless child or youth or an
451		-	unaccompanied youth, as those terms are defined by 42 U.S.C.
452		-	Section 11434a, or was so designated at the time of the offense.
	435	+	(B) [(2)] discharging the fine or [and] costs
	436	+	under Article 45.049 or as otherwise authorized by this chapter
	437	+	would impose an undue hardship on the defendant; or
	438	+	(2) that the waiver is in the interest of justice.
453	439		SECTION 17. The heading to Article 45.0492, Code of
454	440		Criminal Procedure, as added by Chapter 227 (H.B. 350), Acts of the
455	441		82nd Legislature, Regular Session, 2011, is amended to read as
456	442		follows:
457	443		Art. 45.0492. COMMUNITY SERVICE [OR TUTORING] IN
458	444		SATISFACTION OF FINE OR COSTS FOR CERTAIN JUVENILE DEFENDANTS.
459	445		SECTION 18. Article 45.0492, Code of Criminal Procedure, as
460	446		added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
461	447		Regular Session, 2011, is amended by amending Subsections (b), (c),
462	448		(d), (f), (g), and (h) and adding Subsection (d-1) to read as
463	449		follows:
464	450		(b) A justice or judge may require a defendant described by
465	451		Subsection (a) to discharge all or part of the fine or costs by
466	452		performing community service [or attending a tutoring program that
467	453		is satisfactory to the court]. A defendant may discharge an
468	454		obligation to perform community service [or attend a tutoring
469	455		program] under this article by paying at any time the fine and costs
470	456		assessed.
471	457		(c) In the justice's or judge's order requiring a defendant
472	458		to perform [participate in] community service [work or a tutoring
473	459		program] under this article, the justice or judge must specify:
474	460		(1) the number of hours of community service the
475	461		defendant is required to perform; and
476	462		(2) the date by which the defendant must submit to the
477	463		court documentation verifying the defendant's completion of the
478	464		community service [work or attend tutoring].
479	465		(d) The justice or judge may order the defendant to perform
480	466		community service [work] under this article:
481	467		(1) by attending a tutoring program, work and job
482	468		skills training program, preparatory class for the high school
483	469		equivalency examination administered under Section 7.111,
484	470		Education Code, or similar activity; or
485	471		(2) [only] for:
486	472		(A) a governmental entity;
487	473		(B) [or] a nonprofit organization or another
488	474		organization that provides services to the general public that
489	475		enhance social welfare and the general well-being of the community,
490		-	as determined by the justice or judge; or
491		-	(C) an educational institution.
	476	+	as determined by the justice or judge;
	477	+	(C) a religious organization;
	478	+	(D) a neighborhood association or group; or
	479	+	(E) an educational institution.
492	480		(d-1) An [A governmental] entity [or nonprofit
493	481		organization] that accepts a defendant under this article to
494	482		perform community service must agree to supervise, either on-site
495	483		or remotely, the defendant in the performance of the defendant's
496	484		community service [work] and report on the defendant's community
497	485		service [work] to the justice or judge who ordered the [community]
498	486		service.
499	487		(f) A justice or judge may not order a defendant to perform
500	488		more than 16 hours of community service per week [or attend more
501	489		than 16 hours of tutoring per week] under this article unless the
502	490		justice or judge determines that requiring the defendant to perform
503	491		additional hours [of work or tutoring] does not impose an undue
504	492		[cause a] hardship on the defendant or the defendant's family. For
505	493		purposes of this subsection, "family" has the meaning assigned by
506	494		Section 71.003, Family Code.
507	495		(g) A defendant is considered to have discharged not less
508	496		than $100 [$50] of fines or costs for each eight hours of community
509	497		service performed [or tutoring program attended] under this
510	498		article.
511	499		(h) A sheriff, employee of a sheriff's department, county
512	500		commissioner, county employee, county judge, justice of the peace,
513	501		municipal court judge, or officer or employee of a political
514	502		subdivision other than a county or an entity that accepts a
515	503		defendant under this article to perform community service[,
516	504		nonprofit organization, or tutoring program] is not liable for
517	505		damages arising from an act or failure to act in connection with
518	506		community service [an activity] performed by a defendant under this
519	507		article if the act or failure to act:
520	508		(1) was performed pursuant to court order; and
521	509		(2) was not intentional, grossly negligent, or
522	510		performed with conscious indifference or reckless disregard for the
523	511		safety of others.
524	512		SECTION 19. Article 45.0492, Code of Criminal Procedure, as
525	513		added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
526	514		Regular Session, 2011, is amended by amending Subsections (c), (d),
527	515		(e), and (f) and adding Subsections (d-1) and (h) to read as
528	516		follows:
529	517		(c) In the justice's or judge's order requiring a defendant
530	518		to perform community service under this article, the justice or
531	519		judge shall specify:
532	520		(1) the number of hours of community service the
533	521		defendant is required to perform, [and may] not to exceed [order
534	522		more than] 200 hours; and
535	523		(2) the date by which the defendant must submit to the
536	524		court documentation verifying the defendant's completion of the
537	525		community service.
538	526		(d) The justice or judge may order the defendant to perform
539	527		community service [work] under this article:
540	528		(1) by attending a work and job skills training
541	529		program, preparatory class for the high school equivalency
542	530		examination administered under Section 7.111, Education Code, or
543	531		similar activity; or
544	532		(2) [only] for:
545	533		(A) a governmental entity;
546	534		(B) [or] a nonprofit organization or another
547	535		organization that provides services to the general public that
548	536		enhance social welfare and the general well-being of the community,
549		-	as determined by the justice or judge; or
550		-	(C) an educational institution.
	537	+	as determined by the justice or judge;
	538	+	(C) a religious organization;
	539	+	(D) a neighborhood association or group; or
	540	+	(E) an educational institution.
551	541		(d-1) An [A governmental] entity [or nonprofit
552	542		organization] that accepts a defendant under this article to
553	543		perform community service must agree to supervise, either on-site
554	544		or remotely, the defendant in the performance of the defendant's
555	545		community service [work] and report on the defendant's community
556	546		service [work] to the justice or judge who ordered the [community]
557	547		service.
558	548		(e) A justice or judge may not order a defendant to perform
559	549		more than 16 hours of community service per week under this article
560	550		unless the justice or judge determines that requiring the defendant
561	551		to perform additional hours [of work] does not impose an undue
562	552		[cause a] hardship on the defendant or the defendant's family. For
563	553		purposes of this subsection, "family" has the meaning assigned by
564	554		Section 71.003, Family Code.
565	555		(f) A sheriff, employee of a sheriff's department, county
566	556		commissioner, county employee, county judge, justice of the peace,
567	557		municipal court judge, or officer or employee of a political
568	558		subdivision other than a county or an entity that accepts a
569	559		defendant under this article to perform community service is not
570	560		liable for damages arising from an act or failure to act in
571	561		connection with community service performed by a defendant under
572	562		this article if the act or failure to act:
573	563		(1) was performed pursuant to court order; and
574	564		(2) was not intentional, wilfully or wantonly
575	565		negligent, or performed with conscious indifference or reckless
576	566		disregard for the safety of others.
577	567		(h) A defendant is considered to have discharged not less
578	568		than $100 of fines or costs for each eight hours of community
579	569		service performed under this article.
580		-	SECTION 20. Article 45.051(a), Code of Criminal Procedure,
581		-	is amended to read as follows:
582		-	(a) On a plea of guilty or nolo contendere by a defendant or
583		-	on a finding of guilt in a misdemeanor case punishable by fine only
584		-	and payment of all court costs, the judge may defer further
585		-	proceedings without entering an adjudication of guilt and place the
586		-	defendant on probation for a period not to exceed 180 days. In
587		-	issuing the order of deferral, the judge may impose a special
588		-	expense fee on the defendant in an amount not to exceed the amount
589		-	of the fine that could be imposed on the defendant as punishment for
590		-	the offense. The special expense fee may be collected at any time
591		-	before the date on which the period of probation ends. The judge
592		-	may elect not to impose the special expense fee for good cause shown
593		-	by the defendant. If the judge orders the collection of a special
594		-	expense fee, the judge shall require that the amount of the special
595		-	expense fee be credited toward the payment of the amount of the fine
596		-	imposed by the judge. An order of deferral under this subsection
597		-	terminates any liability under a [bail bond or an appearance] bond
598		-	given for the charge.
599		-	SECTION 21. Article 45.0511(t), Code of Criminal Procedure,
600		-	is amended to read as follows:
601		-	(t) An order of deferral under Subsection (c) terminates any
602		-	liability under a [bail bond or appearance] bond given for the
603		-	charge.
604		-	SECTION 22. Article 103.0031(j), Code of Criminal
	570	+	SECTION 20. Article 103.0031(j), Code of Criminal
605	571		Procedure, is amended to read as follows:
606	572		(j) A communication to the accused person regarding the
607	573		amount of payment that is acceptable to the court under the court's
608	574		standard policy for resolution of a case must include:
609	575		(1) a notice of the person's right to enter a plea or go
610	576		to trial on any offense charged; and
611	577		(2) a statement that, if the person is unable to pay
612	578		the full amount of payment that is acceptable to the court, the
613	579		person should contact the court regarding the alternatives to full
614	580		payment that are available to resolve the case.
615		-	SECTION 23. Section 502.010, Transportation Code, is
	581	+	SECTION 21. Section 502.010, Transportation Code, is
616	582		amended by amending Subsections (a) and (c) and adding Subsections
617	583		(b-1), (i), and (j) to read as follows:
618	584		(a) Except as otherwise provided by this section, a [A]
619	585		county assessor-collector or the department may refuse to register
620	586		a motor vehicle if the assessor-collector or the department
621	587		receives information that the owner of the vehicle:
622	588		(1) owes the county money for a fine, fee, or tax that
623	589		is past due; or
624	590		(2) failed to appear in connection with a complaint,
625	591		citation, information, or indictment in a court in the county in
626	592		which a criminal proceeding is pending against the owner.
627	593		(b-1) Information that is provided to make a determination
628	594		under Subsection (a)(1) and that concerns the past due status of a
629	595		fine or fee imposed for a criminal offense and owed to the county
630	596		expires on the second anniversary of the date the information was
631	597		provided and may not be used to refuse registration after that date.
632	598		Once information about a past due fine or fee is provided under
633	599		Subsection (b), subsequent information about other fines or fees
634	600		that are imposed for a criminal offense and that become past due
635	601		before the second anniversary of the date the initial information
636	602		was provided may not be used, either before or after the second
637	603		anniversary of that date, to refuse registration under this section
638	604		unless the motor vehicle is no longer subject to refusal of
639	605		registration because of notice received under Subsection (c).
640	606		(c) A county that has a contract under Subsection (b) shall
641	607		notify the department regarding a person for whom the county
642	608		assessor-collector or the department has refused to register a
643	609		motor vehicle on:
644	610		(1) the person's payment or other means of discharge,
645	611		including a waiver, of the past due fine, fee, or tax; or
646	612		(2) perfection of an appeal of the case contesting
647	613		payment of the fine, fee, or tax.
648	614		(i) A municipal court judge or justice of the peace who has
649	615		jurisdiction over the underlying offense may waive an additional
650	616		fee imposed under Subsection (f) if the judge or justice makes a
651	617		finding that the defendant is economically unable to pay the fee or
652	618		that good cause exists for the waiver.
653	619		(j) If a county assessor-collector is notified that the
654	620		court having jurisdiction over the underlying offense has waived
655	621		the past due fine or fee due to the defendant's indigency, the
656	622		county may not impose an additional fee on the defendant under
657	623		Subsection (f).
658		-	SECTION 24. Section 502.010(f), Transportation Code, as
	624	+	SECTION 22. Section 502.010(f), Transportation Code, as
659	625		amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of
660	626		the 82nd Legislature, Regular Session, 2011, is reenacted and
661	627		amended to read as follows:
662	628		(f) Except as otherwise provided by this section, a [A]
663	629		county that has a contract under Subsection (b) may impose an
664	630		additional fee of $20 to:
665	631		(1) a person who fails to pay a fine, fee, or tax to the
666	632		county by the date on which the fine, fee, or tax is due; or
667	633		(2) a person who fails to appear in connection with a
668	634		complaint, citation, information, or indictment in a court in which
669	635		a criminal proceeding is pending against the owner. [The
670	636		additional fee may be used only to reimburse the department or the
671	637		county for its expenses for providing services under the contract.]
672		-	SECTION 25. Section 706.005, Transportation Code, is
	638	+	SECTION 23. Section 706.005, Transportation Code, is
673	639		amended to read as follows:
674	640		Sec. 706.005. CLEARANCE NOTICE TO DEPARTMENT. (a) A
675	641		political subdivision shall immediately notify the department that
676	642		there is no cause to continue to deny renewal of a person's driver's
677	643		license based on the person's previous failure to appear or failure
678	644		to pay or satisfy a judgment ordering the payment of a fine and cost
679	645		in the manner ordered by the court in a matter involving an offense
680	646		described by Section 706.002(a), on payment of a fee as provided by
681	647		Section 706.006 and:
682	648		(1) the perfection of an appeal of the case for which
683	649		the warrant of arrest was issued or judgment arose;
684	650		(2) the dismissal of the charge for which the warrant
685	651		of arrest was issued or judgment arose, other than a dismissal with
686		-	prejudice by ~~motion of~~ the appropriate prosecuting attorney for
687		-	~~lack of~~ evidence;
	652	+	prejudice by the appropriate prosecuting attorney for lack of
	653	+	evidence;
688	654		(3) the posting of bond or the giving of other security
689	655		to reinstate the charge for which the warrant was issued;
690	656		(4) the payment or discharge of the fine and cost owed
691	657		on an outstanding judgment of the court; or
692	658		(5) other suitable arrangement to pay the fine and
693	659		cost within the court's discretion.
694	660		(b) The department may not continue to deny the renewal of
695	661		the person's driver's license under this chapter after the
696	662		department receives notice:
697	663		(1) under Subsection (a);
698	664		(2) that the person was acquitted of the charge on
699	665		which the person failed to appear;
700	666		(3) that the charge on which the person failed to
701		-	appear was dismissed with prejudice by ~~motion of~~ the appropriate
702		-	~~prosecuting~~ attorney for lack of evidence; or
	667	+	appear was dismissed with prejudice by the appropriate prosecuting
	668	+	attorney for lack of evidence; or
703	669		(4) [(3)] from the political subdivision that the
704	670		failure to appear report or court order to pay a fine or cost
705	671		relating to the person:
706	672		(A) was sent to the department in error; or
707	673		(B) has been destroyed in accordance with the
708	674		political subdivision's records retention policy.
709		-	SECTION 26. Section 706.006, Transportation Code, is
	675	+	SECTION 24. Section 706.006, Transportation Code, is
710	676		amended by amending Subsections (a) and (b) and adding Subsections
711	677		(a-1) and (d) to read as follows:
712	678		(a) Except as provided by Subsection (d), a [A] person who
713	679		fails to appear for a complaint or citation for an offense described
714	680		by Section 706.002(a) shall be required to pay an administrative
715	681		fee of $30 for each complaint or citation reported to the department
716	682		under this chapter, unless:
717	683		(1) the person is acquitted of the charges for which
718	684		the person failed to appear;
719	685		(2) the charges on which the person failed to appear
720		-	were dismissed with prejudice by ~~motion of~~ the appropriate
721		-	~~prosecuting~~ attorney for lack of evidence;
	686	+	were dismissed with prejudice by the appropriate prosecuting
	687	+	attorney for lack of evidence;
722	688		(3) the failure to appear report was sent to the
723	689		department in error; or
724	690		(4) the case regarding the complaint or citation is
725	691		closed and the failure to appear report has been destroyed in
726	692		accordance with the applicable political subdivision's records
727	693		retention policy.
728	694		(a-1) A [The] person who is required to pay a fee under
729	695		Subsection (a) shall pay the fee when:
730	696		(1) the court enters judgment on the underlying
731	697		offense reported to the department;
732	698		(2) the underlying offense is dismissed, other than a
733	699		dismissal described by Subsection (a)(2); or
734	700		(3) bond or other security is posted to reinstate the
735	701		charge for which the warrant was issued.
736	702		(b) Except as provided by Subsection (d), a [A] person who
737	703		fails to pay or satisfy a judgment ordering the payment of a fine
738	704		and cost in the manner the court orders shall be required to pay an
739	705		administrative fee of $30.
740	706		(d) If the court having jurisdiction over the underlying
741	707		offense makes a finding that the person is indigent, the person may
742	708		not be required to pay an administrative fee under this section.
743	709		For purposes of this subsection, a person is presumed to be indigent
744	710		if the person:
745	711		(1) is required to attend school full time under
746	712		Section 25.085, Education Code;
747	713		(2) is a member of a household with a total annual
748	714		income that is below 125 percent of the applicable income level
749	715		established by the federal poverty guidelines; or
750	716		(3) receives assistance from:
751	717		(A) the financial assistance program established
752	718		under Chapter 31, Human Resources Code;
753	719		(B) the medical assistance program under Chapter
754	720		32, Human Resources Code;
755	721		(C) the supplemental nutrition assistance
756	722		program established under Chapter 33, Human Resources Code;
757	723		(D) the federal special supplemental nutrition
758	724		program for women, infants, and children authorized by 42 U.S.C.
759	725		Section 1786; or
760	726		(E) the child health plan program under Chapter
761	727		62, Health and Safety Code.
762		-	SECTION 27. Article 45.0492(e), Code of Criminal Procedure,
	728	+	SECTION 25. Article 45.0492(e), Code of Criminal Procedure,
763	729		as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
764	730		Regular Session, 2011, is repealed.
765		-	SECTION 28. The changes in law made by this Act to Articles
	731	+	SECTION 26. The changes in law made by this Act to Articles
766	732		14.06 and 27.14, Code of Criminal Procedure, and Section 502.010
767	733		and Chapter 706, Transportation Code, apply only to an offense
768	734		committed on or after the effective date of this Act. An offense
769	735		committed before the effective date of this Act is governed by the
770	736		law in effect on the date the offense was committed, and the former
771	737		law is continued in effect for that purpose. For purposes of this
772	738		section, an offense was committed before the effective date of this
773	739		Act if any element of the offense occurred before that date.
774		-	SECTION 29. The changes in law made by this Act to Articles
	740	+	SECTION 27. The changes in law made by this Act to Articles
775	741		42.15, 43.09, 43.091, 45.014, 45.041, 45.046, 45.049, and 45.0491,
776	742		Code of Criminal Procedure, and Articles 45.0492, Code of Criminal
777	743		Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
778	744		Legislature, Regular Session, 2011, and 45.0492, Code of Criminal
779	745		Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
780	746		Legislature, Regular Session, 2011, apply to a sentencing
781	747		proceeding that commences before, on, or after the effective date
782	748		of this Act.
783		-	SECTION 30. The change in law made by this Act to Articles
	749	+	SECTION 28. The change in law made by this Act to Articles
784	750		43.05 and 45.045, Code of Criminal Procedure, applies only to a
785	751		capias pro fine issued on or after the effective date of this Act. A
786	752		capias pro fine issued before the effective date of this Act is
787	753		governed by the law in effect on the date the capias pro fine was
788	754		issued, and the former law is continued in effect for that purpose.
789		-	SECTION 31. The changes in law made by this Act to ~~Articles~~
790		-	45.016~~, 45.051, and 45.0511~~, Code of Criminal Procedure, apply only
791		-	~~to a bond executed on~~ or after the effective date of this Act. A
792		-	~~bond executed before the~~ effective date of this Act is governed by
793		-	~~the law in effect when the~~ bond was executed, and the former law is
794		-	~~continued in effect for~~ that purpose.
795		-	SECTION 32. The change in law made by this Act to Article
	755	+	SECTION 29. The changes in law made by this Act to Article
	756	+	45.016, Code of Criminal Procedure, apply only to a bond executed on
	757	+	or after the effective date of this Act. A bond executed before the
	758	+	effective date of this Act is governed by the law in effect when the
	759	+	bond was executed, and the former law is continued in effect for
	760	+	that purpose.
	761	+	SECTION 30. The change in law made by this Act to Article
796	762		45.048, Code of Criminal Procedure, applies to a defendant who is
797	763		placed in jail on or after the effective date of this Act for
798	764		failure to pay the fine and costs imposed on conviction of an
799	765		offense, regardless of whether the offense for which the defendant
800	766		was convicted was committed before, on, or after the effective date
801	767		of this Act.
802		-	SECTION 33. This Act takes effect September 1, 2017.
803		-	______________________________ ______________________________
804		-	President of the Senate Speaker of the House
805		-	I hereby certify that S.B. No. 1913 passed the Senate on
806		-	May 3, 2017, by the following vote: Yeas 25, Nays 6;
807		-	May 25, 2017, Senate refused to concur in House amendments and
808		-	requested appointment of Conference Committee; May 26, 2017, House
809		-	granted request of the Senate; May 28, 2017, Senate adopted
810		-	Conference Committee Report by the following vote: Yeas 26,
811		-	Nays 5.
812		-	______________________________
813		-	Secretary of the Senate
814		-	I hereby certify that S.B. No. 1913 passed the House, with
815		-	amendments, on May 23, 2017, by the following vote: Yeas 75,
816		-	Nays 70, two present not voting; May 26, 2017, House granted
817		-	request of the Senate for appointment of Conference Committee;
818		-	May 28, 2017, House adopted Conference Committee Report by the
819		-	following vote: Yeas 77, Nays 70, one present not voting.
820		-	______________________________
821		-	Chief Clerk of the House
822		-	Approved:
823		-	______________________________
824		-	Date
825		-	______________________________
826		-	Governor
	768	+	SECTION 31. This Act takes effect only if a specific
	769	+	appropriation for the implementation of the Act is provided in a
	770	+	general appropriations act of the 85th Legislature.
	771	+	SECTION 32. This Act takes effect September 1, 2017.