Texas House Bill HB2259

Texas 2019 - 86th Regular

Caption

Relating to uncollectible fees and costs in criminal actions and proceedings.

Impact

The bill's implications for state laws are significant, as it seeks to simplify the conservation of resources within the court system by reducing the backlog of uncollected fees. By enabling courts to formally recognize when these debts can be considered uncollectible, it not only lightens the administrative load on the courts but also provides a clearer pathway for officers to follow, thus potentially enhancing the efficiency of criminal proceedings. Furthermore, it could allow for a more equitable treatment of individuals who may be unable to pay these fees due to circumstances like incarceration or death.

Summary

House Bill 2259 addresses the treatment of uncollectible fees and costs within the Texas criminal justice system. Specifically, the bill amends Article 103.0081 of the Texas Code of Criminal Procedure to allow officers authorized to collect fees to request a court finding that certain fees are uncollectible. This applies to situations where the defendant has deceased, is serving a life sentence, or has unpaid fees for a minimum of 10 years. The aim of HB2259 is to clarify and streamline the process of handling such uncollectible fees, thereby preventing unnecessary legal and administrative burdens on the court system.

Sentiment

The general sentiment surrounding HB2259 appears to be one of support from those advocating for more pragmatic and humane approaches to the management of debt within the criminal justice framework. Many stakeholders believe that recognizing uncollectible fees is a step in the right direction towards reform. However, some concerns may arise regarding the potential for inadequate recovery of legitimate debts that could have been collectible, indicating a need for a balanced approach.

Contention

Notable points of contention may center around how uncollectible fees are assessed and documented, which could lead to disparities in enforcement. The bill also suggests repealing a provision that may have been previously utilized to determine fee collectability. Critics may argue that repealing existing laws could create gaps in oversight, thereby requiring careful monitoring to ensure that the law is applied uniformly and that it does not inadvertently disadvantage other parties involved.