| 1 | 1 | | 87R3250 ANG-D |
|---|
| 2 | 2 | | By: Crockett H.B. No. 1177 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a prohibition on the imposition of court costs and |
|---|
| 8 | 8 | | filing, reimbursement, or other fees on certain indigent defendants |
|---|
| 9 | 9 | | and plaintiffs. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subtitle I, Title 2, Government Code, is amended |
|---|
| 12 | 12 | | by adding Chapter 104 to read as follows: |
|---|
| 13 | 13 | | CHAPTER 104. COURT COSTS AND FILING, REIMBURSEMENT, AND OTHER FEES |
|---|
| 14 | 14 | | IN CIVIL AND CRIMINAL PROCEEDINGS FOR INDIVIDUALS WHO ARE INDIGENT |
|---|
| 15 | 15 | | Sec. 104.001. APPLICABILITY. This chapter does not apply |
|---|
| 16 | 16 | | to a proceeding filed by the state's Title IV-D agency for an |
|---|
| 17 | 17 | | individual to whom the agency is providing services authorized |
|---|
| 18 | 18 | | under Chapter 231, Family Code. |
|---|
| 19 | 19 | | Sec. 104.002. INDIGENCY DETERMINATION. For purposes of |
|---|
| 20 | 20 | | this chapter, an individual is indigent if: |
|---|
| 21 | 21 | | (1) the individual's household income is at or below |
|---|
| 22 | 22 | | 200 percent of the federal poverty guidelines as determined by the |
|---|
| 23 | 23 | | United States Department of Health and Human Services; |
|---|
| 24 | 24 | | (2) the individual or the individual's dependent is |
|---|
| 25 | 25 | | determined to be financially eligible to receive legal services |
|---|
| 26 | 26 | | from a nonprofit organization funded partly by the Texas Access to |
|---|
| 27 | 27 | | Justice Foundation or the Legal Services Corporation; |
|---|
| 28 | 28 | | (3) the individual or the individual's dependent is |
|---|
| 29 | 29 | | eligible based on the individual's financial means to receive a |
|---|
| 30 | 30 | | benefit from a government program, including: |
|---|
| 31 | 31 | | (A) the supplemental nutrition assistance |
|---|
| 32 | 32 | | program under Chapter 33, Human Resources Code; |
|---|
| 33 | 33 | | (B) the national school lunch program of free or |
|---|
| 34 | 34 | | reduced-price meals; |
|---|
| 35 | 35 | | (C) the federal special supplemental nutrition |
|---|
| 36 | 36 | | program for women, infants, and children authorized by 42 U.S.C. |
|---|
| 37 | 37 | | Section 1786; |
|---|
| 38 | 38 | | (D) the Medicaid program under Chapter 32, Human |
|---|
| 39 | 39 | | Resources Code; |
|---|
| 40 | 40 | | (E) the child health plan program operated under |
|---|
| 41 | 41 | | Chapter 62, Health and Safety Code; |
|---|
| 42 | 42 | | (F) the Temporary Assistance for Needy Families |
|---|
| 43 | 43 | | program under Chapter 31, Human Resources Code; |
|---|
| 44 | 44 | | (G) Supplemental Security Income benefits under |
|---|
| 45 | 45 | | 42 U.S.C. Section 1381 et seq.; |
|---|
| 46 | 46 | | (H) publicly financed or subsidized housing; |
|---|
| 47 | 47 | | (I) subsidized child-care services; |
|---|
| 48 | 48 | | (J) the Low-Income Home Energy Assistance |
|---|
| 49 | 49 | | Program; or |
|---|
| 50 | 50 | | (K) the federal earned income tax credit; or |
|---|
| 51 | 51 | | (4) the individual filed a statement of inability to |
|---|
| 52 | 52 | | afford payment of court costs in a civil matter in accordance with |
|---|
| 53 | 53 | | the Texas Rules of Civil Procedure and was not ordered to pay court |
|---|
| 54 | 54 | | costs based on a finding that the individual cannot afford to pay |
|---|
| 55 | 55 | | the court costs. |
|---|
| 56 | 56 | | Sec. 104.003. WAIVER OF COURT COSTS AND OTHER FEES FOR |
|---|
| 57 | 57 | | INDIVIDUALS WHO ARE INDIGENT. Notwithstanding Section 101.001, |
|---|
| 58 | 58 | | 102.001, 103.001, or any other law, a judge or justice of the |
|---|
| 59 | 59 | | supreme court, the court of criminal appeals, a court of appeals, a |
|---|
| 60 | 60 | | district court, a criminal district court, a constitutional county |
|---|
| 61 | 61 | | court, a statutory county court, a justice court, or a municipal |
|---|
| 62 | 62 | | court, in a civil or criminal proceeding before the court, who finds |
|---|
| 63 | 63 | | that the defendant or plaintiff in the proceeding is an individual |
|---|
| 64 | 64 | | who is indigent shall waive all court costs, including costs on |
|---|
| 65 | 65 | | conviction, and all filing fees, reimbursement fees, and other fees |
|---|
| 66 | 66 | | imposed by law on the individual. |
|---|
| 67 | 67 | | SECTION 2. Chapter 104, Government Code, as added by this |
|---|
| 68 | 68 | | Act, applies only to court costs and filing, reimbursement, and |
|---|
| 69 | 69 | | other fees imposed in a civil or criminal proceeding commenced on or |
|---|
| 70 | 70 | | after the effective date of this Act. Court costs and filing, |
|---|
| 71 | 71 | | reimbursement, and other fees imposed in a civil or criminal |
|---|
| 72 | 72 | | proceeding commenced before the effective date of this Act are |
|---|
| 73 | 73 | | governed by the law in effect on the date the proceeding was |
|---|
| 74 | 74 | | commenced, and the former law is continued in effect for that |
|---|
| 75 | 75 | | purpose. |
|---|
| 76 | 76 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|