Texas 2023 - 88th Regular

Texas Senate Bill SB2400 Compare Versions

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1	1	88R16249 AJZ-D
2	2	By: West S.B. No. 2400
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to collection of certain fines assessed for traffic
8	8	offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 45, Code of Criminal Procedure, is
11	11	amended by adding Subchapter E to read as follows:
12	12	SUBCHAPTER E. TRAFFIC FINE PROGRAMS OF JUSTICE AND MUNICIPAL COURTS
13	13	Art. 45.301. GENERAL PROVISIONS FOR TRAFFIC FINE PROGRAMS.
14	14	(a) A notice to appear issued for a traffic offense, including an
15	15	offense under Section 521.457, Transportation Code, must inform the
16	16	defendant charged with the offense that:
17	17	(1) the person may be eligible for a reduction of the
18	18	amount of the person's unpaid fines for traffic offenses under a
19	19	program available under this subchapter; and
20	20	(2) if the notice to appear is issued for an offense
21	21	under Section 521.457, Transportation Code, and the person's
22	22	license was suspended because of nonpayment of fines for traffic
23	23	offenses, the person may be eligible for a program established
24	24	under this subchapter to address the previous unpaid fines.
25	25	(b) Each justice and municipal court shall, on the court's
26	26	publicly accessible Internet website:
27	27	(1) post information about the programs available
28	28	under this subchapter; and
29	29	(2) post a statement that individuals who have a
30	30	suspended license due to unpaid fines for traffic offenses may be
31	31	eligible for the programs established under this subchapter.
32	32	(c) Each justice and municipal court may provide a written
33	33	notification by mail to a person who is issued a notice to appear
34	34	for a violation of Section 521.457, Transportation Code, that
35	35	notifies the person that if the person's license was suspended
36	36	because of nonpayment of fines for traffic offenses, the person may
37	37	be eligible for a program under this subchapter to address those
38	38	previous unpaid fines.
39	39	(d) The Office of Court Administration of the Texas Judicial
40	40	System shall adopt the forms necessary for each program under this
41	41	subchapter.
42	42	Art. 45.302. AMNESTY PROGRAM. (a) This article applies
43	43	only to a fine for a traffic offense that:
44	44	(1) was issued before September 1, 2021; and
45	45	(2) remains unpaid on or after September 1, 2023.
46	46	(b) Each justice and municipal court shall establish an
47	47	amnesty program available to any person who owes a total of more
48	48	than $200 of unpaid fines described by Subsection (a) and applies to
49	49	participate in the program. The program must allow a person to apply
50	50	for participation in the program on the Internet or by mail. For a
51	51	person who applies to an amnesty program under this article, the
52	52	justice or municipal court shall reduce the total amount of the
53	53	person's unpaid fines owed to $200.
54	54	(c) A justice or municipal court shall charge a $100
55	55	administrative fee for participation in the program. The
56	56	administrative fee must be credited toward the amount of an unpaid
57	57	fine described by Subsection (b).
58	58	(d) The justice or municipal court shall allow a person who
59	59	participates in an amnesty program under this article and has three
60	60	or more unpaid fines described by Subsection (a) to pay the reduced
61	61	fines over a period of not less than 12 months beginning on the date
62	62	the fines are reduced under this article.
63	63	(e) A fine collected under this article shall be deposited
64	64	in the same manner as the original fine.
65	65	(f) Unless authorized by the justice or municipal court, a
66	66	person may no longer participate in an amnesty program under this
67	67	article if the person enters into a payment plan with the justice or
68	68	municipal court and misses two or more consecutive payments in the
69	69	plan.
70	70	(g) The justice or municipal court shall notify the
71	71	Department of Public Safety on a person's successful completion of
72	72	the amnesty program.
73	73	(h) This article expires September 1, 2024.
74	74	Art. 45.303. INDIGENCY PROGRAM. (a) This article applies
75	75	only to a fine for a traffic offense that remains unpaid on or after
76	76	the second anniversary of the date of issuance.
77	77	(b) Each justice and municipal court shall establish an
78	78	indigency program through which the justice or municipal court
79	79	shall reduce all fines described by Subsection (a), or penalties
80	80	for nonpayment of such fines, if a person who owes a fine described
81	81	by Subsection (a) establishes that the person is indigent. The
82	82	program must allow a person to apply for participation in the
83	83	program on the Internet or by mail.
84	84	(c) For a person who applies to an indigency program under
85	85	this article, a justice or municipal court shall reduce the total
86	86	amount of the person's unpaid fines owed to the lesser of:
87	87	(1) 50 percent of the total unpaid fine amount for two
88	88	or fewer unpaid fines;
89	89	(2) $100 per fine for three or more unpaid fines; or
90	90	(3) an amount determined by the court under Article
91	91	45.0445.
92	92	(d) To establish indigency for purposes of Subsection (b), a
93	93	person must provide to the justice or municipal court:
94	94	(1) documentation described by Section 709.001(d),
95	95	Transportation Code; or
96	96	(2) a sworn affidavit confirming that the person's
97	97	income or the person's household income does not exceed 125 percent
98	98	of the applicable income level established by the federal poverty
99	99	guidelines.
100	100	(e) A fine collected under this article shall be deposited
101	101	in the same manner as the original fine.
102	102	(f) Unless authorized by the justice or municipal court, a
103	103	person may no longer participate in an indigency program under this
104	104	article if the person enters into a payment plan with the justice or
105	105	municipal court and misses two or more consecutive payments in the
106	106	plan.
107	107	(g) The justice or municipal court shall notify the
108	108	Department of Public Safety on a person's successful completion of
109	109	the indigency program.
110	110	Art. 45.304. INCENTIVE PROGRAM. (a) This article applies
111	111	only to a fine for a traffic offense that remains unpaid on or after
112	112	the second anniversary of the date of issuance.
113	113	(b) Each justice and municipal court shall establish an
114	114	incentive program through which the justice or municipal court
115	115	shall reduce the amount of an unpaid fine described by Subsection
116	116	(a) if a person establishes that the person's income or the person's
117	117	household income is less than 300 percent of the applicable income
118	118	level established by the federal poverty guidelines. For a person
119	119	who is eligible for the incentive program under this article, the
120	120	justice or municipal court shall reduce the amount of the person's
121	121	unpaid fines to a total of $200 for two or fewer unpaid fines or not
122	122	more than $100 per fine for three or more unpaid fines. The program
123	123	must allow a person to apply for participation in the program on the
124	124	Internet or by mail.
125	125	(c) A person must provide information to the justice or
126	126	municipal court to establish that the person qualifies for the
127	127	incentive program under this article. The following documentation
128	128	may be used as proof that the person qualifies to participate in the
129	129	incentive program:
130	130	(1) a copy of the person's most recent federal income
131	131	tax return that shows that the person's income or the person's
132	132	household income is less than 300 percent of the applicable income
133	133	level established by the federal poverty guidelines;
134	134	(2) a copy of the person's most recent statement of
135	135	wages that shows that the person's income or the person's household
136	136	income is less than 300 percent of the applicable income level
137	137	established by the federal poverty guidelines; or
138	138	(3) a sworn affidavit confirming that the person's
139	139	income or the person's household income is less than 300 percent of
140	140	the applicable income level established by the federal poverty
141	141	guidelines.
142	142	(d) Except as otherwise provided by Subsection (e), a person
143	143	who participates in the incentive program under this article must
144	144	pay the reduced amount of a traffic fine not later than the 180th
145	145	day after the date the amount of the traffic fine is reduced under
146	146	the program.
147	147	(e) For a person who participates in the incentive program
148	148	under this article and has three or more unpaid fines described by
149	149	Subsection (a), the justice or municipal court shall allow the
150	150	person to pay the reduced fines over a period of not less than 12
151	151	months beginning on the date the fine is reduced under this article.
152	152	(f) A fine collected under this article shall be deposited
153	153	in the same manner as the original fine.
154	154	(g) Unless authorized by the justice or municipal court, a
155	155	person may no longer participate in an incentive program under this
156	156	article if the person enters into a payment plan with the justice or
157	157	municipal court and misses two or more consecutive payments in the
158	158	plan.
159	159	(h) The justice or municipal court shall notify the
160	160	Department of Public Safety on a person's successful completion of
161	161	the incentive program.
162	162	SECTION 2. Section 502.010, Transportation Code, is amended
163	163	by adding Subsection (a-1) to read as follows:
164	164	(a-1) If a county assessor-collector or the department, as
165	165	applicable, refuses to register a motor vehicle under Subsection
166	166	(a) solely because the owner of the vehicle has unpaid fines to
167	167	which Subchapter E, Chapter 45, Code of Criminal Procedure,
168	168	applies, the county assessor-collector shall notify the person that
169	169	the person may be eligible for a reduction in the amount of those
170	170	unpaid fines under a program established under Subchapter E,
171	171	Chapter 45, Code of Criminal Procedure.
172	172	SECTION 3. Not later than January 1, 2024, each justice and
173	173	municipal court shall establish:
174	174	(1) an amnesty program, as required by Article 45.302,
175	175	Code of Criminal Procedure, as added by this Act;
176	176	(2) an indigency program, as required by Article
177	177	45.303, Code of Criminal Procedure, as added by this Act; and
178	178	(3) an incentive program, as required by Article
179	179	45.304, Code of Criminal Procedure, as added by this Act.
180	180	SECTION 4. This Act takes effect September 1, 2023.