Texas 2019 - 86th Regular

Texas House Bill HB465 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R8345~~ KJE-F
	1	+	86R1538 KJE-F
2	2		By: White H.B. No. 465
3		-	Substitute the following for H.B. No. 465:
4		-	By: Pacheco C.S.H.B. No. 465
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the administrative, civil, and criminal consequences,
10	8		including fines, fees, and costs, imposed on persons arrested for,
11	9		charged with, or convicted of certain criminal offenses.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Chapter 1, Code of Criminal Procedure, is
14	12		amended by adding Article 1.053 to read as follows:
15	13		Art. 1.053. PRESENT ABILITY TO PAY. Except as otherwise
16	14		specifically provided, in determining a defendant's ability to pay
17	15		for any purpose, the court shall consider only the defendant's
18	16		present ability to pay.
19	17		SECTION 2. Article 15.17(b), Code of Criminal Procedure, is
20	18		amended to read as follows:
21	19		(b) After an accused charged with a misdemeanor punishable
22	20		by fine only is taken before a magistrate under Subsection (a) and
23	21		the magistrate has identified the accused with certainty, the
24	22		magistrate may require the accused to give a bond under Article
25	23		45.016 or release the accused without bond and order the accused to
26	24		appear at a later date for arraignment in the applicable justice
27	25		court or municipal court. The order must state in writing the time,
28	26		date, and place of the arraignment, and the magistrate must sign the
29	27		order. The accused shall receive a copy of the order on release.
30	28		[If an accused fails to appear as required by the order, the judge
31	29		of the court in which the accused is required to appear shall issue
32	30		a warrant for the arrest of the accused. If the accused is arrested
33	31		and brought before the judge, the judge may admit the accused to
34	32		bail, and in admitting the accused to bail, the judge should set as
35	33		the amount of bail an amount double that generally set for the
36	34		offense for which the accused was arrested. This subsection does
37	35		not apply to an accused who has previously been convicted of a
38	36		felony or a misdemeanor other than a misdemeanor punishable by fine
39	37		only.]
40	38		SECTION 3. Chapter 43, Code of Criminal Procedure, is
41	39		amended by adding Article 43.035 to read as follows:
42	40		Art. 43.035. RECONSIDERATION OF FINE OR COSTS. (a) If a
43	41		defendant notifies the court that the defendant has difficulty
44	42		paying the fine and costs in compliance with the judgment, the court
45		-	shall hold a hearing to determine whether ~~that portion of the~~
46		-	~~judgment imposes an~~ undue hardship on the defendant.
	43	+	shall hold a hearing to determine whether the judgment imposes an
	44	+	undue hardship on the defendant.
47	45		(b) For purposes of Subsection (a), a defendant may notify
48	46		the court by:
49	47		(1) voluntarily appearing and informing the court or
50		-	the clerk of the court in the manner established by the court for
51		-	that purpose;
	48	+	the clerk of the court;
52	49		(2) filing a motion with the court;
53	50		(3) mailing a letter to the court; or
54	51		(4) any other method established by the court for that
55	52		purpose.
56	53		(c) If the court determines at the hearing under Subsection
57		-	(a) that the ~~portion of~~ the ~~judgment regarding the fine and costs~~
58		-	~~imposes an undue hardship on the defendant,~~ the court shall
59		-	~~consider whether the fine and costs should be~~ satisfied through one
60		-	~~or more methods listed under Article~~ 42.15(a-1).
	54	+	(a) that the judgment imposes an undue hardship on the defendant,
	55	+	the court shall consider whether the fine and costs should be
	56	+	satisfied through one or more methods listed under Article
	57	+	42.15(a-1).
61	58		(d) The court may decline to hold a hearing under Subsection
62	59		(a) if the court:
63	60		(1) previously held a hearing under that subsection
64	61		with respect to the case and is able to determine without holding a
65		-	hearing that the ~~portion of~~ the ~~judgment regarding the fine and~~
66		-	~~costs does not impose an undue hardship on the~~ defendant; or
	62	+	hearing that the judgment does not impose an undue hardship on the
	63	+	defendant; or
67	64		(2) is able to determine without holding a hearing
68		-	that:
69		-	(A) the applicable portion of the judgment
70		-	imposes an undue hardship on the defendant; and
71		-	(B) the fine and costs should be satisfied
72		-	through one or more methods listed under Article 42.15(a-1).
	65	+	that the fine and costs should be waived in full or in part under
	66	+	Article 43.091.
73	67		(e) The court retains jurisdiction for the purpose of making
74	68		a determination under this article.
75	69		SECTION 4. The heading to Article 43.05, Code of Criminal
76	70		Procedure, is amended to read as follows:
77	71		Art. 43.05. ISSUANCE AND RECALL OF CAPIAS PRO FINE [SHALL
78	72		RECITE].
79	73		SECTION 5. Article 43.05(a-1), Code of Criminal Procedure,
80	74		as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature,
81	75		Regular Session, 2017, is amended to read as follows:
82	76		(a-1) A court may not issue a capias pro fine for the
83	77		defendant's failure to satisfy the judgment according to its terms
84	78		unless the court holds a hearing to determine whether the judgment
85	79		imposes an undue hardship on the defendant [on the defendant's
86	80		ability to satisfy the judgment] and the defendant fails to:
87	81		(1) [the defendant fails to] appear at the hearing; or
88		-	(2) comply with an order issued under Subsection (a-3)
89		-	as a result of the hearing [based on evidence presented at the
90		-	hearing, the court determines that the capias pro fine should be
91		-	issued].
	82	+	(2) comply with an order under Subsection (a-4) [based
	83	+	on evidence presented at the hearing, the court determines that the
	84	+	capias pro fine should be issued].
92	85		SECTION 6. Article 43.05, Code of Criminal Procedure, is
93	86		amended by amending Subsection (a-2) and adding Subsections (a-3)
94	87		and (a-4) to read as follows:
95		-	(a-2) If the court determines at the hearing under
	88	+	(a-2) The court shall recall a capias pro fine if, before
	89	+	the capias pro fine is executed:
	90	+	(1) the defendant provides notice to the court under
	91	+	Article 43.035 and a hearing is set under that article [voluntarily
	92	+	appears to resolve the amount owed]; or [and]
	93	+	(2) the amount owed is resolved in any manner
	94	+	authorized by this code.
	95	+	(a-3) If the court determines at the hearing under
96	96		Subsection (a-1) that the judgment imposes an undue hardship on the
97	97		defendant, the court shall determine whether the fine and costs
98	98		should be satisfied through one or more methods listed under
99	99		Article 42.15(a-1). The court retains jurisdiction for the purpose
100	100		of making a determination under this subsection.
101		-	(a-3) If the court determines at the hearing under
	101	+	(a-4) If the court determines at the hearing under
102	102		Subsection (a-1) that the judgment does not impose an undue
103	103		hardship on the defendant, the court shall order the defendant to
104	104		comply with the judgment not later than the 30th day after the date
105	105		the determination is made.
106		-	(a-4) The court shall recall a capias pro fine if, before
107		-	the capias pro fine is executed, the defendant:
108		-	(1) provides notice to the court under Article 43.035
109		-	and a hearing is set under that article; or
110		-	(2) [the defendant] voluntarily appears and makes a
111		-	good faith effort to resolve the capias pro fine [amount owed; and
112		-	[(2) the amount owed is resolved in any manner
113		-	authorized by this code].
114	106		SECTION 7. Article 43.09(f), Code of Criminal Procedure, is
115	107		amended to read as follows:
116	108		(f) A court may require a defendant who is unable to pay a
117	109		fine or costs to discharge all or part of the fine or costs by
118		-	performing community service. ~~The court shall allow~~ a defendant to
119		-	~~perform the required~~ community service in the county in ~~which the~~
120		-	defendant resides.
	110	+	performing community service. A defendant may elect to perform
	111	+	community service required under this subsection in the county in
	112	+	which the defendant resides.
121	113		SECTION 8. Article 43.091, Code of Criminal Procedure, is
122	114		amended to read as follows:
123	115		Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
124	116		CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A court may waive payment
125	117		of all or part of a fine [or costs] imposed on a defendant if the
126	118		court determines that:
127	119		(1) the defendant is indigent or does not have
128	120		sufficient resources or income to pay all or part of the fine [or
129	121		costs] or was, at the time the offense was committed, a child as
130	122		defined by Article 45.058(h); and
131	123		(2) each alternative method of discharging the fine
132	124		[or cost] under Article 43.09 or 42.15 would impose an undue
133	125		hardship on the defendant.
134	126		(b) A determination of undue hardship made under Subsection
135	127		(a)(2) is in the court's discretion. In making that determination,
136	128		the court may consider, as applicable, the defendant's:
137	129		(1) significant physical or mental impairment or
138	130		disability;
139	131		(2) pregnancy and childbirth;
140	132		(3) substantial family commitments or
141	133		responsibilities, including child or dependent care;
142	134		(4) work responsibilities and hours;
143	135		(5) transportation limitations;
144	136		(6) homelessness or housing insecurity; and
145	137		(7) any other factor the court determines relevant.
146		-	(c) A court may waive payment of all or part of the costs
	138	+	(c) The court may waive payment of all or part of the costs
147	139		imposed on a defendant if the court determines that the defendant:
148	140		(1) is indigent or does not have sufficient resources
149	141		or income to pay all or part of the costs; or
150	142		(2) was, at the time the offense was committed, a child
151	143		as defined by Article 45.058(h).
152		-	SECTION 9. Subchapter B, Chapter 45, Code of Criminal
	144	+	SECTION 9. Article 45.014, Code of Criminal Procedure, is
	145	+	amended by adding Subsection (h) to read as follows:
	146	+	(h) A defendant who voluntarily appears before a justice or
	147	+	judge to resolve an unpaid fine or cost may not be arrested, during
	148	+	or immediately before or after the defendant's appearance, on a
	149	+	warrant or capias pro fine issued under this chapter.
	150	+	SECTION 10. Subchapter B, Chapter 45, Code of Criminal
153	151		Procedure, is amended by adding Articles 45.0201 and 45.0445 to
154	152		read as follows:
155	153		Art. 45.0201. APPEARANCE BY TELEPHONE OR VIDEOCONFERENCE.
156	154		If the justice or judge determines that requiring a defendant to
157		-	appear before the justice or judge in person for a hearing under
158		-	Article 45.0445 or 45.045 would impose an undue hardship on the
159		-	defendant, the justice or judge may allow the defendant to appear by
160		-	telephone or videoconference.
	155	+	appear before the justice or judge in person would impose an undue
	156	+	hardship on the defendant, the justice or judge shall allow the
	157	+	defendant to appear by telephone or videoconference.
161	158		Art. 45.0445. RECONSIDERATION OF FINE OR COSTS. (a) If the
162	159		defendant notifies the justice or judge that the defendant has
163	160		difficulty paying the fine and costs in compliance with the
164	161		judgment, the justice or judge shall hold a hearing to determine
165	162		whether the judgment imposes an undue hardship on the defendant.
166	163		(b) For purposes of Subsection (a), a defendant may notify
167	164		the justice or judge by:
168	165		(1) voluntarily appearing and informing the justice or
169		-	judge or the clerk of the court in the manner established by the
170		-	justice or judge for that purpose;
	166	+	judge or the clerk of the court;
171	167		(2) filing a motion with the justice or judge;
172	168		(3) mailing a letter to the justice or judge; or
173	169		(4) any other method established by the justice or
174	170		judge for that purpose.
175	171		(c) If the justice or judge determines at the hearing under
176		-	Subsection (a) that the judgment ~~imposes~~ an undue hardship ~~on the~~
177		-	defendant, the justice or judge shall consider whether to ~~allow the~~
178		-	defendant to satisfy the fine and costs through one or ~~more methods~~
179		-	listed under Article 45.041(a-1).
	172	+	Subsection (a) that the judgment does not impose an undue hardship
	173	+	on the defendant, the justice or judge shall consider whether to
	174	+	allow the defendant to satisfy the fine and costs through one or
	175	+	more methods listed under Article 45.041(a-1).
180	176		(d) The justice or judge may decline to hold a hearing under
181	177		Subsection (a) if the justice or judge:
182	178		(1) previously held a hearing under that subsection
183	179		with respect to the case and is able to determine without holding a
184	180		hearing that the judgment does not impose an undue hardship on the
185	181		defendant; or
186	182		(2) is able to determine without holding a hearing
187		-	that:
188		-	(A) the judgment imposes an undue hardship on the
189		-	defendant; and
190		-	(B) the fine and costs should be satisfied
191		-	through one or more methods listed under Article 45.041(a-1).
	183	+	that the fine and costs should be waived in full or in part under
	184	+	Article 45.0491.
192	185		(e) The justice or judge retains jurisdiction for the
193	186		purpose of making a determination under this article.
194		-	SECTION 10. Article 45.045(a-2), Code of Criminal
	187	+	SECTION 11. Article 45.045(a-2), Code of Criminal
195	188		Procedure, as added by Chapter 1127 (S.B. 1913), Acts of the 85th
196	189		Legislature, Regular Session, 2017, is amended to read as follows:
197	190		(a-2) The court may not issue a capias pro fine for the
198	191		defendant's failure to satisfy the judgment according to its terms
199		-	unless the court holds a hearing to determine whether the judgment
200		-	imposes an undue hardship on the defendant [on the defendant's
201		-	ability to satisfy the judgment] and the defendant fails to:
	192	+	unless the court holds a hearing to determine whether the defendant
	193	+	is able to comply with the judgment without an undue hardship [on
	194	+	the defendant's ability to satisfy the judgment] and the defendant
	195	+	fails to:
202	196		(1) [the defendant fails to] appear at the hearing; or
203		-	(2) comply with an order issued under Subsection (a-4)
204		-	as a result of the hearing [based on evidence presented at the
205		-	hearing, the court determines that the capias pro fine should be
206		-	issued].
207		-	SECTION 11. Article 45.045, Code of Criminal Procedure, is
	197	+	(2) comply with an order under Subsection (a-5) [based
	198	+	on evidence presented at the hearing, the court determines that the
	199	+	capias pro fine should be issued].
	200	+	SECTION 12. Article 45.045, Code of Criminal Procedure, is
208	201		amended by amending Subsection (a-3) and adding Subsections (a-4)
209	202		and (a-5) to read as follows:
210		-	(a-3) If the justice or judge determines at the hearing
	203	+	(a-3) The court shall recall a capias pro fine if, before
	204	+	the capias pro fine is executed:
	205	+	(1) the defendant provides notice to the justice or
	206	+	judge under Article 45.0445 and a hearing is set under that article
	207	+	[voluntarily appears to resolve the amount owed]; or [and]
	208	+	(2) the amount owed is resolved in any manner
	209	+	authorized by this chapter.
	210	+	(a-4) If the justice or judge determines at the hearing
211	211		under Subsection (a-2) that the judgment imposes an undue hardship
212	212		on the defendant, the justice or judge shall determine whether the
213	213		fine and costs should be satisfied through one or more methods
214	214		listed under Article 45.041(a-1). The justice or judge retains
215	215		jurisdiction for the purpose of making a determination under this
216	216		subsection.
217		-	(a-4) If the justice or judge determines at the hearing
	217	+	(a-5) If the justice or judge determines at the hearing
218	218		under Subsection (a-2) that the judgment does not impose an undue
219	219		hardship on the defendant, the justice or judge shall order the
220	220		defendant to comply with the judgment not later than the 30th day
221	221		after the date the determination is made.
222		-	(a-5) The court shall recall a capias pro fine if, before
223		-	the capias pro fine is executed, the defendant:
224		-	(1) provides notice to the justice or judge under
225		-	Article 45.0445 and a hearing is set under that article; or
226		-	(2) [the defendant] voluntarily appears and makes a
227		-	good faith effort to resolve the capias pro fine [amount owed; and
228		-	[(2) the amount owed is resolved in any manner
229		-	authorized by this chapter].
230		-	SECTION 12. Article 45.049, Code of Criminal Procedure, is
	222	+	SECTION 13. Article 45.049, Code of Criminal Procedure, is
231	223		amended by adding Subsection (a-1) to read as follows:
232		-	(a-1) A ~~justice or judge shall allow a defendant~~ to perform
233		-	in the county in which the defendant ~~resides any community service~~
234		-	~~required under this article~~.
235		-	SECTION 13. Article 45.0491, Code of Criminal Procedure, is
	224	+	(a-1) A defendant may elect to perform community service
	225	+	required under this article in the county in which the defendant
	226	+	resides.
	227	+	SECTION 14. Article 45.0491, Code of Criminal Procedure, is
236	228		amended to read as follows:
237	229		Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR
238	230		CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A municipal court,
239	231		regardless of whether the court is a court of record, or a justice
240	232		court may waive payment of all or part of a fine [or costs] imposed
241	233		on a defendant if the court determines that:
242	234		(1) the defendant is indigent or does not have
243	235		sufficient resources or income to pay all or part of the fine [or
244	236		costs] or was, at the time the offense was committed, a child as
245	237		defined by Article 45.058(h); and
246	238		(2) discharging the fine [or costs] under Article
247	239		45.049 or as otherwise authorized by this chapter would impose an
248	240		undue hardship on the defendant.
249	241		(b) A defendant is presumed to be indigent or to not have
250		-	sufficient resources or income to pay all or part of the fine or
251		-	costs ~~for purposes of Subsection (a) or (d)~~ if the defendant:
	242	+	sufficient resources or income to pay all or part of the fine [or
	243	+	costs] if the defendant:
252	244		(1) is in the conservatorship of the Department of
253	245		Family and Protective Services, or was in the conservatorship of
254	246		that department at the time of the offense; or
255	247		(2) is designated as a homeless child or youth or an
256	248		unaccompanied youth, as those terms are defined by 42 U.S.C.
257	249		Section 11434a, or was so designated at the time of the offense.
258	250		(c) A determination of undue hardship made under Subsection
259	251		(a)(2) is in the court's discretion. In making that determination,
260	252		the court may consider, as applicable, the defendant's:
261	253		(1) significant physical or mental impairment or
262	254		disability;
263	255		(2) pregnancy and childbirth;
264	256		(3) substantial family commitments or
265	257		responsibilities, including child or dependent care;
266	258		(4) work responsibilities and hours;
267	259		(5) transportation limitations;
268	260		(6) homelessness or housing insecurity; and
269	261		(7) any other factors the court determines relevant.
270	262		(d) A municipal court, regardless of whether the court is a
271	263		court of record, or a justice court may waive payment of all or part
272		-	of ~~the~~ costs imposed on a defendant if the court determines that the
	264	+	of costs imposed on a defendant if the court determines that the
273	265		defendant:
274	266		(1) is indigent or does not have sufficient resources
275	267		or income to pay all or part of the costs; or
276	268		(2) was, at the time the offense was committed, a child
277	269		as defined by Article 45.058(h).
278		-	SECTION 14. Article 45.051(a-1), Code of Criminal
	270	+	SECTION 15. Article 45.051(a-1), Code of Criminal
279	271		Procedure, as amended by Chapters 227 (H.B. 350) and 777 (H.B.
280	272		1964), Acts of the 82nd Legislature, Regular Session, 2011, is
281	273		reenacted and amended to read as follows:
282	274		(a-1) Notwithstanding any other provision of law, as an
283	275		alternative to requiring a defendant charged with one or more
284	276		offenses to make payment of all court costs as required by
285	277		Subsection (a), the judge may:
286	278		(1) allow the defendant to enter into an agreement for
287	279		payment of those costs in installments during the defendant's
288	280		period of probation;
289	281		(2) require an eligible defendant to discharge all or
290	282		part of those costs by performing community service or attending a
291	283		tutoring program under Article 45.049 or 45.0492; [or]
292	284		(3) waive all or part of the court costs under Article
293	285		45.0491(d); or
294	286		(4) take any combination of actions authorized by
295	287		Subdivision (1), [or] (2), or (3).
296		-	SECTION 15. Section 702.003, Transportation Code, is
	288	+	SECTION 16. Section 702.003, Transportation Code, is
297	289		amended by adding Subsections (b-1), (g), and (h) and amending
298	290		Subsections (c) and (e-1) to read as follows:
299	291		(b-1) Information that is provided to make a determination
300	292		under Subsection (a) and that concerns an outstanding warrant from
301	293		the municipality for failure to pay a fine expires on the second
302	294		anniversary of the date the information was provided and may not be
303	295		used to refuse registration after that date. Once information
304	296		about an outstanding warrant for failure to pay a fine is provided
305	297		under Subsection (b), subsequent information about other warrants
306	298		for failure to pay a fine that are issued before the second
307	299		anniversary of the date the initial information was provided may
308	300		not be used, either before or after the second anniversary of that
309	301		date, to refuse registration under this section unless the motor
310	302		vehicle is no longer subject to refusal of registration because of
311	303		notice received under Subsection (c).
312	304		(c) A municipality that has a contract under Subsection (b)
313	305		shall notify the county assessor-collector or the department
314	306		regarding a person for whom the county assessor-collector or the
315	307		department has refused to register a motor vehicle on:
316	308		(1) entry of a judgment against the person and the
317	309		person's payment to the court or other means of discharge,
318	310		including a waiver, of the fine for the violation and of all court
319	311		costs;
320	312		(2) perfection of an appeal of the case for which the
321	313		arrest warrant was issued; or
322	314		(3) dismissal of the charge for which the arrest
323	315		warrant was issued.
324	316		(e-1) Except as otherwise provided by this section, a [A]
325	317		municipality that has a contract under Subsection (b) may impose an
326	318		additional $20 fee to a person who has an outstanding warrant from
327	319		the municipality for failure to appear or failure to pay a fine on a
328	320		complaint that involves the violation of a traffic law. The
329	321		additional fee may be used only to reimburse the department or the
330	322		county assessor-collector for its expenses for providing services
331	323		under the contract, or another county department for expenses
332	324		related to services under the contract.
333	325		(g) A municipal court judge or justice of the peace who has
334	326		jurisdiction over the underlying offense may waive an additional
335	327		fee imposed under Subsection (e-1) if the judge or justice makes a
336	328		finding that the defendant is economically unable to pay the fee or
337	329		that good cause exists for the waiver.
338	330		(h) If a municipality is notified that the court having
339	331		jurisdiction over the underlying offense has waived the fine that
340	332		is the subject of the warrant due to the defendant's indigency, the
341	333		municipality may not impose an additional fee on the defendant
342	334		under Subsection (e-1).
343		-	SECTION 16. The following provisions of the Code of
	335	+	SECTION 17. Section 706.005(a), Transportation Code, is
	336	+	amended to read as follows:
	337	+	(a) A political subdivision shall immediately notify the
	338	+	department that there is no cause to continue to deny renewal of a
	339	+	person's driver's license based on the person's previous failure to
	340	+	appear or failure to pay or satisfy a judgment ordering the payment
	341	+	of a fine and cost in the manner ordered by the court in a matter
	342	+	involving an offense described by Section 706.002(a), on payment of
	343	+	a fee as provided by Section 706.006 and:
	344	+	(1) the perfection of an appeal of the case for which
	345	+	the warrant of arrest was issued or judgment arose;
	346	+	(2) the dismissal of the charge for which the warrant
	347	+	of arrest was issued or judgment arose, other than a dismissal with
	348	+	prejudice by motion of the appropriate prosecuting attorney for
	349	+	lack of evidence;
	350	+	(3) the posting of bond or the giving of other security
	351	+	to reinstate the charge for which the warrant was issued;
	352	+	(4) the payment or discharge of the fine and cost owed
	353	+	on an outstanding judgment of the court; [or]
	354	+	(5) if the denial of renewal of the person's driver's
	355	+	license is based on the person's previous failure to appear, the
	356	+	person's appearance in court with respect to the underlying offense
	357	+	before conviction; or
	358	+	(6) any other [suitable] arrangement to satisfy [pay]
	359	+	the fine and cost, including through a payment plan or through
	360	+	community service [within the court's discretion].
	361	+	SECTION 18. Section 706.006, Transportation Code, is
	362	+	amended by amending Subsections (a) and (b) and adding Subsection
	363	+	(e) to read as follows:
	364	+	(a) Except as provided by Subsection (d) and subject to
	365	+	Subsection (e), a person who fails to appear for a complaint or
	366	+	citation for an offense described by Section 706.002(a) shall be
	367	+	required to pay an administrative fee of $30 [for each complaint or
	368	+	citation reported to the department under this chapter], unless:
	369	+	(1) the person is acquitted of the charges for which
	370	+	the person failed to appear;
	371	+	(2) the charges on which the person failed to appear
	372	+	were dismissed with prejudice by motion of the appropriate
	373	+	prosecuting attorney for lack of evidence;
	374	+	(3) the failure to appear report was sent to the
	375	+	department in error; or
	376	+	(4) the case regarding the complaint or citation is
	377	+	closed and the failure to appear report has been destroyed in
	378	+	accordance with the applicable political subdivision's records
	379	+	retention policy.
	380	+	(b) Except as provided by Subsection (d) and subject to
	381	+	Subsection (e), a person who fails to pay or satisfy a judgment
	382	+	ordering the payment of a fine and cost in the manner the court
	383	+	orders shall be required to pay an administrative fee of $30.
	384	+	(e) The department may not require a person to pay more than
	385	+	one administrative fee for each political subdivision that submits
	386	+	information to the department under this chapter, regardless of the
	387	+	number of complaints or citations reported by that political
	388	+	subdivision or any subsequent reports that are submitted by that
	389	+	political subdivision during that same period in which the person's
	390	+	license may not be renewed.
	391	+	SECTION 19. The following provisions of the Code of
344	392		Criminal Procedure are repealed:
345	393		(1) Article 42.15(a-1), as added by Chapter 977 (H.B.
346	394		351), Acts of the 85th Legislature, Regular Session, 2017;
347	395		(2) Article 43.05(a-1), as added by Chapter 977 (H.B.
348	396		351), Acts of the 85th Legislature, Regular Session, 2017;
349	397		(3) Article 45.041(a-1), as added by Chapter 977 (H.B.
350	398		351), Acts of the 85th Legislature, Regular Session, 2017; and
351	399		(4) Article 45.045(a-2), as added by Chapter 977 (H.B.
352	400		351), Acts of the 85th Legislature, Regular Session, 2017.
353		-	SECTION 17. Notwithstanding Section 32, Chapter 977 (H.B.
	401	+	SECTION 20. Notwithstanding Section 32, Chapter 977 (H.B.
354	402		351), and Section 28, Chapter 1127 (S.B. 1913), Acts of the 85th
355	403		Legislature, Regular Session, 2017, Section 706.006,
356	404		Transportation Code, as amended by those Acts, applies to any fee
357	405		assessed on or after the effective date of this Act, regardless of
358	406		whether the offense, complaint, citation, or other violation giving
359	407		rise to the fee occurred before, on, or after the effective date of
360	408		this Act.
361		-	SECTION 18. Articles 1.053 and 45.0201, Code of Criminal
	409	+	SECTION 21. Articles 1.053 and 45.0201, Code of Criminal
362	410		Procedure, as added by this Act, apply to a proceeding that
363	411		commences before, on, or after the effective date of this Act.
364		-	SECTION 19. The changes in law made by this Act to Article
	412	+	SECTION 22. The changes in law made by this Act to Article
365	413		15.17, Code of Criminal Procedure, and Section 702.003,
366	414		Transportation Code, apply only to an offense committed on or after
367	415		the effective date of this Act. An offense committed before the
368	416		effective date of this Act is governed by the law in effect on the
369	417		date the offense was committed, and the former law is continued in
370	418		effect for that purpose. For purposes of this section, an offense
371	419		was committed before the effective date of this Act if any element
372	420		of the offense occurred before that date.
373		-	SECTION 20. Articles 43.035 and 45.0445, Code of Criminal
	421	+	SECTION 23. Articles 43.035 and 45.0445, Code of Criminal
374	422		Procedure, as added by this Act, apply to a notification received by
375	423		a court on or after the effective date of this Act, regardless of
376	424		whether the judgment of conviction was entered before, on, or after
377	425		the effective date of this Act.
378		-	SECTION 21. The changes in law made by this Act to Articles
	426	+	SECTION 24. The changes in law made by this Act to Articles
379	427		43.09, 43.091, 45.049, 45.0491, and 45.051, Code of Criminal
380	428		Procedure, apply to a sentencing proceeding that commences before,
381	429		on, or after the effective date of this Act.
382		-	SECTION 22. The change in law made by this Act to Articles
	430	+	SECTION 25. The change in law made by this Act to Articles
383	431		43.05 and 45.045, Code of Criminal Procedure, applies only to a
384	432		capias pro fine issued on or after the effective date of this Act. A
385	433		capias pro fine issued before the effective date of this Act is
386	434		governed by the law in effect on the date the capias pro fine was
387	435		issued, and the former law is continued in effect for that purpose.
388		-	SECTION 23. This Act takes effect September 1, 2019.
	436	+	SECTION 26. The change in law made by this Act to Article
	437	+	45.014, Code of Criminal Procedure, applies to a voluntary court
	438	+	appearance that occurs on or after the effective date of this Act.
	439	+	SECTION 27. This Act takes effect September 1, 2019.