87R2631 TSS-F
By: White H.B. No. 2441
A BILL TO BE ENTITLED
AN ACT
relating to the imposition and collection of fines, fees, and court
costs in criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 43.015(3), Code of Criminal Procedure,
is amended to read as follows:
(3) "Cost" includes any fee imposed on a defendant by
the court [at the time a judgment is entered].
SECTION 2. Article 45.004, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.004. GENERAL DEFINITION. Unless the context clearly
indicates otherwise, in [In] this chapter, "cost" includes any fee
imposed on a defendant by the justice or judge [at the time a
judgment is entered].
SECTION 3. Article 103.0081, Code of Criminal Procedure, is
amended to read as follows:
Art. 103.0081. UNCOLLECTIBLE FINES AND FEES. (a) Any
officer authorized by this chapter to collect a fine, fee, or item
of cost may request the trial court in which a criminal action or
proceeding was held to make a finding that a fine, fee, or item of
cost imposed in the action or proceeding is uncollectible if the
officer believes:
(1) the defendant is deceased;
(2) the defendant is serving a sentence for
imprisonment for life or life without parole; [or]
(3) the fine, fee, or item of cost has been unpaid for
at least 15 years; or
(4) the fine, fee, or item of cost is otherwise
uncollectible.
(b) On a finding by a court that any condition described by
Subsection (a) [Subsections (a)(1)-(3)] is true, the court may
order the officer to designate the fine, fee, or item of cost as
uncollectible in the fee record. The officer shall attach a copy of
the court's order to the fee record.
SECTION 4. The changes in law made by this Act apply to a
fine, fee, or cost imposed before, on, or after the effective date
of this Act.
SECTION 5. This Act takes effect September 1, 2021.