88R16249 AJZ-D
By: West S.B. No. 2400
A BILL TO BE ENTITLED
AN ACT
relating to collection of certain fines assessed for traffic
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 45, Code of Criminal Procedure, is
amended by adding Subchapter E to read as follows:
SUBCHAPTER E. TRAFFIC FINE PROGRAMS OF JUSTICE AND MUNICIPAL COURTS
Art. 45.301. GENERAL PROVISIONS FOR TRAFFIC FINE PROGRAMS.
(a) A notice to appear issued for a traffic offense, including an
offense under Section 521.457, Transportation Code, must inform the
defendant charged with the offense that:
(1) the person may be eligible for a reduction of the
amount of the person's unpaid fines for traffic offenses under a
program available under this subchapter; and
(2) if the notice to appear is issued for an offense
under Section 521.457, Transportation Code, and the person's
license was suspended because of nonpayment of fines for traffic
offenses, the person may be eligible for a program established
under this subchapter to address the previous unpaid fines.
(b) Each justice and municipal court shall, on the court's
publicly accessible Internet website:
(1) post information about the programs available
under this subchapter; and
(2) post a statement that individuals who have a
suspended license due to unpaid fines for traffic offenses may be
eligible for the programs established under this subchapter.
(c) Each justice and municipal court may provide a written
notification by mail to a person who is issued a notice to appear
for a violation of Section 521.457, Transportation Code, that
notifies the person that if the person's license was suspended
because of nonpayment of fines for traffic offenses, the person may
be eligible for a program under this subchapter to address those
previous unpaid fines.
(d) The Office of Court Administration of the Texas Judicial
System shall adopt the forms necessary for each program under this
subchapter.
Art. 45.302. AMNESTY PROGRAM. (a) This article applies
only to a fine for a traffic offense that:
(1) was issued before September 1, 2021; and
(2) remains unpaid on or after September 1, 2023.
(b) Each justice and municipal court shall establish an
amnesty program available to any person who owes a total of more
than $200 of unpaid fines described by Subsection (a) and applies to
participate in the program. The program must allow a person to apply
for participation in the program on the Internet or by mail. For a
person who applies to an amnesty program under this article, the
justice or municipal court shall reduce the total amount of the
person's unpaid fines owed to $200.
(c) A justice or municipal court shall charge a $100
administrative fee for participation in the program. The
administrative fee must be credited toward the amount of an unpaid
fine described by Subsection (b).
(d) The justice or municipal court shall allow a person who
participates in an amnesty program under this article and has three
or more unpaid fines described by Subsection (a) to pay the reduced
fines over a period of not less than 12 months beginning on the date
the fines are reduced under this article.
(e) A fine collected under this article shall be deposited
in the same manner as the original fine.
(f) Unless authorized by the justice or municipal court, a
person may no longer participate in an amnesty program under this
article if the person enters into a payment plan with the justice or
municipal court and misses two or more consecutive payments in the
plan.
(g) The justice or municipal court shall notify the
Department of Public Safety on a person's successful completion of
the amnesty program.
(h) This article expires September 1, 2024.
Art. 45.303. INDIGENCY PROGRAM. (a) This article applies
only to a fine for a traffic offense that remains unpaid on or after
the second anniversary of the date of issuance.
(b) Each justice and municipal court shall establish an
indigency program through which the justice or municipal court
shall reduce all fines described by Subsection (a), or penalties
for nonpayment of such fines, if a person who owes a fine described
by Subsection (a) establishes that the person is indigent. The
program must allow a person to apply for participation in the
program on the Internet or by mail.
(c) For a person who applies to an indigency program under
this article, a justice or municipal court shall reduce the total
amount of the person's unpaid fines owed to the lesser of:
(1) 50 percent of the total unpaid fine amount for two
or fewer unpaid fines;
(2) $100 per fine for three or more unpaid fines; or
(3) an amount determined by the court under Article
45.0445.
(d) To establish indigency for purposes of Subsection (b), a
person must provide to the justice or municipal court:
(1) documentation described by Section 709.001(d),
Transportation Code; or
(2) a sworn affidavit confirming that the person's
income or the person's household income does not exceed 125 percent
of the applicable income level established by the federal poverty
guidelines.
(e) A fine collected under this article shall be deposited
in the same manner as the original fine.
(f) Unless authorized by the justice or municipal court, a
person may no longer participate in an indigency program under this
article if the person enters into a payment plan with the justice or
municipal court and misses two or more consecutive payments in the
plan.
(g) The justice or municipal court shall notify the
Department of Public Safety on a person's successful completion of
the indigency program.
Art. 45.304. INCENTIVE PROGRAM. (a) This article applies
only to a fine for a traffic offense that remains unpaid on or after
the second anniversary of the date of issuance.
(b) Each justice and municipal court shall establish an
incentive program through which the justice or municipal court
shall reduce the amount of an unpaid fine described by Subsection
(a) if a person establishes that the person's income or the person's
household income is less than 300 percent of the applicable income
level established by the federal poverty guidelines. For a person
who is eligible for the incentive program under this article, the
justice or municipal court shall reduce the amount of the person's
unpaid fines to a total of $200 for two or fewer unpaid fines or not
more than $100 per fine for three or more unpaid fines. The program
must allow a person to apply for participation in the program on the
Internet or by mail.
(c) A person must provide information to the justice or
municipal court to establish that the person qualifies for the
incentive program under this article. The following documentation
may be used as proof that the person qualifies to participate in the
incentive program:
(1) a copy of the person's most recent federal income
tax return that shows that the person's income or the person's
household income is less than 300 percent of the applicable income
level established by the federal poverty guidelines;
(2) a copy of the person's most recent statement of
wages that shows that the person's income or the person's household
income is less than 300 percent of the applicable income level
established by the federal poverty guidelines; or
(3) a sworn affidavit confirming that the person's
income or the person's household income is less than 300 percent of
the applicable income level established by the federal poverty
guidelines.
(d) Except as otherwise provided by Subsection (e), a person
who participates in the incentive program under this article must
pay the reduced amount of a traffic fine not later than the 180th
day after the date the amount of the traffic fine is reduced under
the program.
(e) For a person who participates in the incentive program
under this article and has three or more unpaid fines described by
Subsection (a), the justice or municipal court shall allow the
person to pay the reduced fines over a period of not less than 12
months beginning on the date the fine is reduced under this article.
(f) A fine collected under this article shall be deposited
in the same manner as the original fine.
(g) Unless authorized by the justice or municipal court, a
person may no longer participate in an incentive program under this
article if the person enters into a payment plan with the justice or
municipal court and misses two or more consecutive payments in the
plan.
(h) The justice or municipal court shall notify the
Department of Public Safety on a person's successful completion of
the incentive program.
SECTION 2. Section 502.010, Transportation Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) If a county assessor-collector or the department, as
applicable, refuses to register a motor vehicle under Subsection
(a) solely because the owner of the vehicle has unpaid fines to
which Subchapter E, Chapter 45, Code of Criminal Procedure,
applies, the county assessor-collector shall notify the person that
the person may be eligible for a reduction in the amount of those
unpaid fines under a program established under Subchapter E,
Chapter 45, Code of Criminal Procedure.
SECTION 3. Not later than January 1, 2024, each justice and
municipal court shall establish:
(1) an amnesty program, as required by Article 45.302,
Code of Criminal Procedure, as added by this Act;
(2) an indigency program, as required by Article
45.303, Code of Criminal Procedure, as added by this Act; and
(3) an incentive program, as required by Article
45.304, Code of Criminal Procedure, as added by this Act.
SECTION 4. This Act takes effect September 1, 2023.