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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition and collection of fines, fees, and court |
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costs in criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 43.015(3), Code of Criminal Procedure, |
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is amended to read as follows: |
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(3) "Cost" includes any fee, including any |
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reimbursement fee, imposed on a defendant by the court [at the time |
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a judgment is entered]. |
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SECTION 2. Article 45.004, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.004. GENERAL DEFINITION. Unless the context |
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clearly indicates otherwise, in [In] this chapter, "cost" includes |
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any fee, including any reimbursement fee, imposed on a defendant by |
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the justice or judge [at the time a judgment is entered]. |
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SECTION 3. Article 103.0081, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 103.0081. UNCOLLECTIBLE FINES AND FEES. (a) Any |
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officer authorized by this chapter to collect a fine, fee, |
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including any reimbursement fee, or item of cost may request the |
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trial court in which a criminal action or proceeding was held to |
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make a finding that a fine, fee, including any reimbursement fee, or |
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item of cost imposed in the action or proceeding is uncollectible if |
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the officer believes: |
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(1) the defendant is deceased; |
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(2) the defendant is serving a sentence for |
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imprisonment for life or life without parole; or |
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(3) the fine, fee, including any reimbursement fee, or |
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item of cost has been unpaid for at least 15 years. |
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(b) On a finding by a court that any condition described by |
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Subsection (a) [Subsections (a)(1)-(3)] is true, the court may |
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order the officer to designate the fine, fee, including any |
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reimbursement fee, or item of cost as uncollectible in the fee |
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record. The officer shall attach a copy of the court's order to the |
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fee record. |
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SECTION 4. Article 42.15(a-1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a-1) Notwithstanding any other provision of this article, |
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during or immediately after imposing a sentence in a case in which |
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the defendant entered a plea in open court as provided by Article |
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27.13, 27.14(a), or 27.16(a), a court shall inquire on the record |
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whether the defendant has sufficient resources or income to |
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immediately pay all or part of the fine and costs, the court shall |
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determine whether the fines and costs should be: |
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(1) required to be paid at some later date or in a specified |
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portion at designated intervals; |
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(2) discharged by performing community service under, as |
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applicable, Article 43.09(f), Article 45.049, Article 45.0492, as |
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added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, |
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Regular Session, 2011, or Article 45.0492, as added by Chapter 777 |
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(H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011; |
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(3) waived in full or in part under Article 43.091 or |
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45.0491 ; or |
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(4) satisfied through any combination of methods under |
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Subdivisions (1)-(3). |
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SECTION 5. The changes in law made by this Act apply to a |
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fine, fee, or cost imposed before, on, or after the effective date |
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of this Act. |
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SECTION 6. This Act takes effect September 1, 2021. |