By: Zaffirini S.B. No. 1373
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, including any
reimbursement 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, including any reimbursement 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,
including any reimbursement 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, including any reimbursement 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, including any reimbursement fee, or
item of cost has been unpaid for at least 15 years.
(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, including any
reimbursement 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. Article 42.15(a-1), Code of Criminal Procedure,
is amended to read as follows:
(a-1) Notwithstanding any other provision of this article,
during or immediately after imposing a sentence in a case in which
the defendant entered a plea in open court as provided by Article
27.13, 27.14(a), or 27.16(a), a court shall inquire on the record
whether the defendant has sufficient resources or income to
immediately pay all or part of the fine and costs, the court shall
determine whether the fines and costs should be:
(1) required to be paid at some later date or in a specified
portion at designated intervals;
(2) discharged by performing community service under, as
applicable, Article 43.09(f), Article 45.049, Article 45.0492, as
added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
Regular Session, 2011, or Article 45.0492, as added by Chapter 777
(H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011;
(3) waived in full or in part under Article 43.091 or
45.0491 ; or
(4) satisfied through any combination of methods under
Subdivisions (1)-(3).
SECTION 5. 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 6. This Act takes effect September 1, 2021.