Texas 2019 - 86th Regular

Texas House Bill HB2259 Compare Versions

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1-86R20238 MEW-F
1+86R2840 MEW-F
22 By: Smith H.B. No. 2259
3- Substitute the following for H.B. No. 2259:
4- By: White C.S.H.B. No. 2259
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to uncollectible fees and costs in criminal actions and
108 proceedings.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Article 103.0081(a), Code of Criminal Procedure,
13- is amended to read as follows:
14- (a) Any officer authorized by this chapter to collect a fee
15- or item of cost may request the trial court in which a criminal
16- action or proceeding was held to make a finding that a fee or item of
17- cost imposed in the action or proceeding is uncollectible if the
18- officer believes:
19- (1) the defendant is deceased;
20- (2) the defendant is serving a sentence for
21- imprisonment for life or life without parole; or
22- (3) the fee has been unpaid for at least 10 [15] years.
23- SECTION 2. Article 103.0081(c), Code of Criminal Procedure,
24- is repealed.
25- SECTION 3. This Act takes effect September 1, 2019.
10+ SECTION 1. Articles 103.0081(b) and (c), Code of Criminal
11+ Procedure, are amended to read as follows:
12+ (b) On a finding by a court that any condition described by
13+ Subsections (a)(1)-(3) is true, the court may order the officer to
14+ designate the fee or item of cost as uncollectible in the fee record
15+ and enter an order forgiving the outstanding fee or item of cost and
16+ closing the case. The officer shall attach a copy of the court's
17+ order to the fee record.
18+ (c) The trial court in which a criminal action or proceeding
19+ was held may, on the court's own motion, make the finding described
20+ by Subsection (a) and enter an order forgiving an outstanding fee or
21+ item of cost imposed in the action or proceeding and closing the
22+ case [This article applies only to a county with a population of
23+ more than 780,000 but less than 790,000].
24+ SECTION 2. This Act takes effect September 1, 2019.