| 1 | 1 | | H.B. No. 541 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to donations to certain local charities or veterans county |
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| 6 | 6 | | service offices ordered to be paid as a condition of community |
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| 7 | 7 | | supervision. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 42A.304(f), Code of Criminal Procedure, |
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| 10 | 10 | | is amended to read as follows: |
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| 11 | 11 | | (f) Instead of requiring the defendant to work a specified |
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| 12 | 12 | | number of hours at one or more community service projects under |
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| 13 | 13 | | Subsection (a), the judge may order a defendant to make a specified |
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| 14 | 14 | | donation to: |
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| 15 | 15 | | (1) a nonprofit food bank or food pantry in the |
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| 16 | 16 | | community in which the defendant resides; |
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| 17 | 17 | | (2) a charitable organization engaged primarily in |
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| 18 | 18 | | performing charitable functions [for veterans] in the community in |
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| 19 | 19 | | which the defendant resides for defendants under community |
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| 20 | 20 | | supervision or for veterans; |
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| 21 | 21 | | (3) a veterans county service office created under |
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| 22 | 22 | | Subchapter B, Chapter 434, Government Code, and operating in the |
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| 23 | 23 | | county in which the defendant resides; or |
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| 24 | 24 | | (4) [(3)] in a county with a population of less than |
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| 25 | 25 | | 50,000, another nonprofit organization that: |
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| 26 | 26 | | (A) is exempt from taxation under Section 501(a) |
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| 27 | 27 | | of the Internal Revenue Code of 1986 because it is listed in Section |
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| 28 | 28 | | 501(c)(3) of that code; and |
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| 29 | 29 | | (B) provides services or assistance to needy |
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| 30 | 30 | | individuals and families in the community in which the defendant |
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| 31 | 31 | | resides. |
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| 32 | 32 | | SECTION 2. Section 434.032(c), Government Code, is amended |
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| 33 | 33 | | to read as follows: |
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| 34 | 34 | | (c) The commissioners court of a county that maintains an |
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| 35 | 35 | | office: |
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| 36 | 36 | | (1) may not consider donations made [a juror's |
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| 37 | 37 | | donation] to the office [of the juror's daily reimbursement] under |
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| 38 | 38 | | Article 42A.304(f), Code of Criminal Procedure, or Section 61.003 |
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| 39 | 39 | | for purposes of determining the county's budget for the office; and |
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| 40 | 40 | | (2) may use donations described by Subdivision (1) |
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| 41 | 41 | | only to supplement, rather than supplant, amounts budgeted by the |
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| 42 | 42 | | county for the office. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 44 | 44 | | ______________________________ ______________________________ |
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| 45 | 45 | | President of the Senate Speaker of the House |
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| 46 | 46 | | I certify that H.B. No. 541 was passed by the House on April |
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| 47 | 47 | | 28, 2023, by the following vote: Yeas 143, Nays 1, 2 present, not |
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| 48 | 48 | | voting. |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Chief Clerk of the House |
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| 51 | 51 | | I certify that H.B. No. 541 was passed by the Senate on May |
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| 52 | 52 | | 15, 2023, by the following vote: Yeas 31, Nays 0. |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Secretary of the Senate |
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| 55 | 55 | | APPROVED: _____________________ |
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| 56 | 56 | | Date |
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| 57 | 57 | | _____________________ |
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| 58 | 58 | | Governor |
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