Texas 2025 - 89th Regular

Texas Senate Bill SB2554 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R18601 TYPED
2	2	By: West S.B. No. 2554
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to collection of certain fines assessed for traffic
10	10	offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 45A, Code of Criminal Procedure, is
13	13	amended by adding Subchapter L to read as follows:
14	14	SUBCHAPTER L. TRAFFIC FINE PROGRAMS OF JUSTICE AND MUNICIPAL COURTS
15	15	Art. 45A.551. GENERAL PROVISIONS FOR THE AMNESTY PROGRAM
16	16	FOR TRAFFIC FINES UNDER JUSTICE AND MUNICIPAL COURTS. (a) A notice
17	17	to appear issued for a traffic offense, including an offense under
18	18	Section 521.457, Transportation Code, must inform the defendant
19	19	charged with the offense that:
20	20	(1) the person may be eligible for a reduction of the
21	21	amount of the person's unpaid fines for traffic offenses under a
22	22	program available under this subchapter; and
23	23	(2) if the notice to appear is issued for an offense
24	24	under Section 521.457, Transportation Code, and the person's
25	25	license was suspended because of nonpayment of fines for traffic
26	26	offenses, the person may be eligible for an AMNESTY PROGRAM
27	27	established under this subchapter to address the previous unpaid
28	28	fines.
29	29	(b) Each justice and municipal court shall, on the court's
30	30	publicly accessible Internet website:
31	31	(1) post information about the programs available
32	32	under this subchapter; and
33	33	(2) post a statement that individuals who have a
34	34	suspended license due to unpaid fines for traffic offenses may be
35	35	eligible for the programs established under this subchapter.
36	36	(c) Each justice and municipal court may provide a written
37	37	notification by mail to a person who is issued a notice to appear
38	38	for a violation of Section 521.457, Transportation Code, that
39	39	notifies the person that if the person's license was suspended
40	40	because of nonpayment of fines for traffic offenses, the person may
41	41	be eligible for a program under this subchapter to address those
42	42	previous unpaid fines.
43	43	(d) The Office of Court Administration of the Texas Judicial
44	44	System shall adopt the forms necessary for each program under this
45	45	subchapter.
46	46	Art. 45A.552. AMNESTY PROGRAM. (a) This article applies
47	47	only to a fine for a traffic offense that:
48	48	(1) was issued before September 1, 2023; and
49	49	(2) remains unpaid on or after September 1, 2025
50	50	(b) Each justice and municipal court shall establish an
51	51	amnesty program available to any person who owes a total of more
52	52	than $200 of unpaid fines described by Subsection (a) and applies to
53	53	participate in the program. The program must allow a person to
54	54	apply for participation in the program on the Internet, by
55	55	telephone, in-person or by mail.
56	56	(c) Except as otherwise provided by this subsection, a
57	57	justice or municipal court shall charge a $100 administrative fee
58	58	for participation in the program. The administrative fee must be
59	59	credited toward the amount of the person's unpaid fines described
60	60	by Subsection (a). The court may reduce the amount of the
61	61	administrative fee or waive the fee if the court determines a person
62	62	is indigent.
63	63	(d) The justice or municipal court shall allow a person who
64	64	participates in an amnesty program under this article and has three
65	65	or more unpaid fines described by Subsection (a) to pay the reduced
66	66	fines over a period of not less than 12 months beginning on the date
67	67	the fines are reduced under this article.
68	68	(e) A fine collected under this article shall be deposited
69	69	in the same manner as the original fine.
70	70	(f) A person may no longer participate in an amnesty program
71	71	under this article if the person enters into a payment plan with the
72	72	justice or municipal court and misses two or more consecutive
73	73	payments in the plan unless:
74	74	(1) the person contacts the court and requests to
75	75	remain enrolled in the program; and
76	76	(2) the justice or municipal court authorizes the
77	77	person's continued participation.
78	78	(g) The justice or municipal court shall notify the
79	79	Department of Public Safety on a person's successful completion of
80	80	the amnesty program.
81	81	(h) An applicant who is approved to participate in the
82	82	Amnesty Program would be credited for any amount previously paid
83	83	toward an eligible outstanding fine.
84	84	(i) The driver's license suspension of a person who is
85	85	successfully enrolled in the Amnesty Program would be temporarily
86	86	lifted, including payment of the $100 fee, unless the payment is
87	87	waived by the court. The drivers license suspension would be
88	88	permanently waived for eligible fines when all payments under the
89	89	program have been paid. The suspensions would be reinstated if the
90	90	program is not completed within the appropriate or specified
91	91	timelines.
92	92	(j) A person who applies for the Amnesty Program and has
93	93	fines totaling less than $200 may be allowed by the court a period
94	94	up to six months to complete payment of the unpaid eligible fines.
95	95	(k) This article expires December 31, 2026.
96	96	Art. 45A.553. INDIGENCY PROGRAM. (a) This article applies
97	97	only to a fine for a traffic offense that remains unpaid on or after
98	98	the second anniversary of the date of issuance.
99	99	(b) Each justice and municipal court shall establish an
100	100	indigency program through which the justice or municipal court
101	101	shall reduce all fines described by Subsection (a), or penalties
102	102	for nonpayment of such fines, if a person who owes a fine described
103	103	by Subsection (a) establishes that the person is indigent. The
104	104	program must allow a person to apply for participation in the
105	105	program on the Internet, in person, or by mail or telephone.
106	106	(c) A justice or municipal court may charge an
107	107	administrative fee not to exceed $100 for participation in the
108	108	program. The administrative fee must be credited toward the amount
109	109	of an unpaid fine described by Subsection (a).
110	110	(d) For a person who applies to an indigency program under
111	111	this article, a justice or municipal court shall reduce the total
112	112	amount of the person's unpaid fines owed to the lesser of:
113	113	(1) an amount that does not exceed $150 total for two
114	114	or fewer unpaid fines;
115	115	(2) an amount that does not exceed $75 per fine or $300
116	116	total for three or more unpaid fines; or
117	117	(3) an amount determined by the court under Article
118	118	45A.258, not to exceed $300.
119	119	(e) To establish indigency for purposes of Subsection (b), a
120	120	person must provide to the justice or municipal court:
121	121	(1) documentation described by Section 709.001(d),
122	122	Transportation Code; or
123	123	(2) a sworn affidavit confirming that the person's
124	124	income or the person's household income does not exceed 200 percent
125	125	of the applicable income level established by the federal poverty
126	126	guidelines.
127	127	(f) A fine collected under this article shall be deposited
128	128	in the same manner as the original fine.
129	129	(g) A person may no longer participate in an indigency
130	130	program under this article if the person enters into a payment plan
131	131	with the justice or municipal court and misses two or more
132	132	consecutive payments in the plan unless:
133	133	(1) the person contacts the court and requests to
134	134	remain enrolled in the program; and
135	135	(2) the justice or municipal court authorizes the
136	136	person's continued participation.
137	137	(h) The justice or municipal court shall notify the
138	138	Department of Public Safety on a person's successful completion of
139	139	the indigency program.
140	140	Art. 45A.554. INCENTIVE PROGRAM. (a) This article applies
141	141	only to a fine for a traffic offense that remains unpaid on or after
142	142	the second anniversary of the date of issuance.
143	143	(b) Each justice and municipal court shall establish an
144	144	incentive program through which the justice or municipal court
145	145	shall reduce the amount of an unpaid fine described by Subsection
146	146	(a) if a person establishes that the person's income or the person's
147	147	household income is less than 300 percent of the applicable income
148	148	level established by the federal poverty guidelines. For a person
149	149	who is eligible for the incentive program under this article, the
150	150	justice or municipal court shall reduce the amount of the person's
151	151	unpaid fines to:
152	152	(1) an amount that does not exceed a total of $200 for
153	153	two or fewer unpaid fines; or
154	154	(2) an amount that does not exceed $100 per fine or a
155	155	total of $500 for three or more unpaid fines.
156	156	(c) The program must allow a person to apply for
157	157	participation in the program on the Internet, in person, or by mail
158	158	or telephone.
159	159	(d) A person must provide information to the justice or
160	160	municipal court to establish that the person qualifies for the
161	161	incentive program under this article. The following documentation
162	162	may be used as proof that the person qualifies to participate in the
163	163	incentive program:
164	164	(1) a copy of the person's most recent federal income
165	165	tax return that shows that the person's income or the person's
166	166	household income is less than 300 percent of the applicable income
167	167	level established by the federal poverty guidelines;
168	168	(2) a copy of the person's most recent statement of
169	169	wages that shows that the person's income or the person's household
170	170	income is less than 300 percent of the applicable income level
171	171	established by the federal poverty guidelines; or
172	172	(3) a sworn affidavit confirming that the person's
173	173	income or the person's household income is less than 300 percent of
174	174	the applicable income level established by the federal poverty
175	175	guidelines.
176	176	(e) Except as otherwise provided by this subsection, a
177	177	justice or municipal court shall charge a $100 administrative fee
178	178	for participation in the program. The administrative fee must be
179	179	credited toward the amount of an unpaid fine described by
180	180	Subsection (a). The court may reduce the amount of the
181	181	administrative fee or waive the fee if the court determines a person
182	182	is indigent.
183	183	(f) Except as otherwise provided by Subsection (g), a person
184	184	who participates in the incentive program under this article must
185	185	pay the reduced amount of a traffic fine not later than the 180th
186	186	day after the date the amount of the traffic fine is reduced under
187	187	the program.
188	188	(g) For a person who participates in the incentive program
189	189	under this article and has three or more unpaid fines described by
190	190	Subsection (a), the justice or municipal court shall allow the
191	191	person to pay the reduced fines over a period of not less than 12
192	192	months beginning on the date the fine is reduced under this article.
193	193	(h) A fine collected under this article shall be deposited
194	194	in the same manner as the original fine.
195	195	(i) A person may no longer participate in an incentive
196	196	program under this article if the person enters into a payment plan
197	197	with the justice or municipal court and misses two or more
198	198	consecutive payments in the plan, unless:
199	199	(1) the person contacts the court and requests to
200	200	remain enrolled in the program; and
201	201	(2) the justice or municipal court authorizes the
202	202	person's continued participation.
203	203	(j) The justice or municipal court shall notify the
204	204	Department of Public Safety on a person's successful completion of
205	205	the incentive program.
206	206	SECTION 2. Section 502.010, Transportation Code, is amended
207	207	by adding Subsection (a-1) to read as follows:
208	208	(a-1) If a county assessor-collector or the department, as
209	209	applicable, refuses to register a motor vehicle under Subsection
210	210	(a) solely because the owner of the vehicle has unpaid fines to
211	211	which Subchapter L, Chapter 45A, Code of Criminal Procedure,
212	212	applies, the county assessor-collector shall notify the person that
213	213	the person may be eligible for a reduction in the amount of those
214	214	unpaid fines under a program established under Subchapter L,
215	215	Chapter 45A, Code of Criminal Procedure.
216	216	SECTION 3. Not later than January 1, 2026, each justice and
217	217	municipal court shall establish:
218	218	(1) an amnesty program, as required by Article
219	219	45A.552, Code of Criminal Procedure, as added by this Act;
220	220	(2) an indigency program, as required by Article
221	221	45A.553, Code of Criminal Procedure, as added by this Act; and
222	222	(3) an incentive program, as required by Article
223	223	45A.554, Code of Criminal Procedure, as added by this Act.
224	224	SECTION 4. This Act takes effect September 1, 2025.