89R4755 MCF-F
By: Bhojani H.B. No. 2136
A BILL TO BE ENTITLED
AN ACT
relating to design and use of a model criminal citation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2B, Code of Criminal
Procedure, is amended by adding Article 2B.0060 to read as follows:
Art. 2B.0060. MODEL CITATION DESIGN. (a) In this article:
(1) "Citation" means any summons, ticket, or other
official document issued to a person by a peace officer that
requires the person to respond or appear.
(2) "Commission" means the Texas Commission on Law
Enforcement.
(3) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers.
(b) Not later than September 1 of each even-numbered year,
each law enforcement agency shall adopt, implement, and, as
necessary, amend the citation used by the agency. The citation
implemented by the agency must conform to the model citation
designed, adopted, and disseminated by the commission under this
article.
(c) The commission shall design, adopt, and disseminate to
each law enforcement agency in this state a model citation for the
purpose of:
(1) reducing costs associated with the failure of a
person issued a citation to appear for a scheduled court
appearance; and
(2) improving the efficiency of courts in this state.
(d) The model citation adopted by the commission must:
(1) be based on credible field, academic, or
laboratory research;
(2) include important information at the top of the
citation, including the following in at least 18-point font:
(A) the phone number of the person at the court
who is able to provide additional information to or answer
questions from the person issued a citation; and
(B) the statement: "CALL THIS NUMBER FOR
INFORMATION ABOUT THIS CITATION";
(3) be written in clear, plain language and include,
as applicable:
(A) the date, time, and location at which a
person issued a citation must appear for court;
(B) the offense charged and the action the person
issued a citation is required to take regarding the charge;
(C) the consequences of missing a scheduled court
appearance;
(D) information regarding what the person issued
a citation may expect at court, including an assurance that the
person will not be arrested for an unresolved misdemeanor
punishable by fine only;
(E) details for any available resources to assist
with a court appearance, including resources that provide text
reminders, parking details, general directions to the court,
transportation options, child-care assistance, and rescheduling
instructions; and
(F) details for persons who are unable to afford
fines or costs imposed by a court, including details for a payment
plan, payment deferral, community service, and waiver or reduction
of the fines or costs; and
(4) include any other information, procedure, or best
practice that is supported by credible research or commonly
accepted as a means to achieve the purposes described by Subsection
(c).
(e) The commission shall consult with the following in
designing the model citation:
(1) the Bill Blackwood Law Enforcement Management
Institute of Texas located at Sam Houston State University;
(2) small, medium, and large law enforcement agencies;
(3) court clerks;
(4) the Office of Court Administration of the Texas
Judicial System;
(5) judges;
(6) public defenders; and
(7) prosecutors.
(f) The commission shall provide for a period of public
comment before adopting the model citation design.
(g) Not later than December 31 of each odd-numbered year,
the commission shall:
(1) review the model citation adopted under this
article;
(2) if appropriate, modify or update the design; and
(3) disseminate the design to each law enforcement
agency in this state.
SECTION 2. (a) Not later than December 31, 2025, the Texas
Commission on Law Enforcement shall design, adopt, and disseminate
the model citation required under Article 2B.0060, Code of Criminal
Procedure, as added by this Act.
(b) Not later than September 1, 2026, each law enforcement
agency to which Article 2B.0060, Code of Criminal Procedure, as
added by this Act, applies shall adopt a citation as required by
that article.
SECTION 3. This Act takes effect September 1, 2025.