By Turner of Harris                                    H.B. No. 930
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of a justice of the peace or municipal
    1-3  judge to order community service in satisfaction of fine or costs
    1-4  and to the justice precinct in which persons may be tried or in
    1-5  which a constable may be allowed a fee.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Chapter 45, Code of Criminal Procedure, is
    1-8  amended by adding Article 45.521 to read as follows:
    1-9        Art. 45.521.  COMMUNITY SERVICE IN SATISFACTION OF FINE OR
   1-10  COSTS.  (a)  A justice or judge may require a defendant who fails
   1-11  to pay a previously assessed fine or costs,  or who is determined
   1-12  by the court to have insufficient resources or income to pay a fine
   1-13  or costs, to discharge all or part of the fine or costs by
   1-14  performing community service.  A defendant may discharge an
   1-15  obligation to perform community service under this article by
   1-16  paying at  any time the fine and costs assessed.
   1-17        (b)  In the justice's or judge's order requiring a defendant
   1-18  to participate in community service work under this article, the
   1-19  justice or judge must specify:
   1-20              (1)  the number of hours the defendant is required to
   1-21  work;
   1-22              (2)  the entity or organization for which the defendant
   1-23  is required to work; and
   1-24              (3)  the project on which the defendant is required to
    2-1  work.
    2-2        (c)  The justice or judge may order the defendant to perform
    2-3  community service work under this article only for a governmental
    2-4  entity or a nonprofit organization that provides services to the
    2-5  general public that enhance social welfare and the general
    2-6  well-being of the community.  A governmental entity or nonprofit
    2-7  organization that accepts a defendant under this article to perform
    2-8  community service must agree to supervise the defendant in the
    2-9  performance of the defendant's work and report on the defendant's
   2-10  work to the justice or judge who ordered the community service.
   2-11        (d)  A justice or judge may not order a defendant to perform
   2-12  more than 16 hours per week of community service under this article
   2-13  unless the justice or judge determines that requiring the defendant
   2-14  to work additional hours does not work a hardship on the defendant
   2-15  or the defendant's dependents.
   2-16        (e)  A defendant is considered to have discharged $50 of
   2-17  fines or costs for each eight hours of community service performed
   2-18  under this article.
   2-19        (f)  A sheriff, employee of a sheriff's department, county
   2-20  commissioner, county employee, county judge, justice of the peace,
   2-21  municipal court judge, or officer or employee of a political
   2-22  subdivision other than a county is not liable for damages arising
   2-23  from an act or failure to act in connection with manual labor
   2-24  performed by a defendant under this article if the act or failure
   2-25  to act:
   2-26              (1)  was performed pursuant to court order; and
   2-27              (2)  was not intentional, wilfully or wantonly
    3-1  negligent, or performed with conscious indifference or reckless
    3-2  disregard for the safety of others.
    3-3        SECTION 2.  The heading of Article 45.22, Code of Criminal
    3-4  Procedure, is amended to read as follows:
    3-5        Art. 45.22.  OFFENSES IN COUNTIES OF LESS THAN 2,000,000 AND
    3-6  OVER 225,000; VENUE; FEE OF CONSTABLE; PENALTIES.
    3-7        SECTION 3.  Section 4, Article 45.22, Code of Criminal
    3-8  Procedure, is amended to read as follows:
    3-9        Sec. 4.  The provisions of this Article shall apply only to
   3-10  counties having a population of less than 2,000,000 and over
   3-11  225,000 <or over> according to the last preceding federal census.
   3-12        SECTION 4.  The importance of this legislation and the
   3-13  crowded condition of the calendars in both houses create an
   3-14  emergency and an imperative public necessity that the
   3-15  constitutional rule requiring bills to be read on three several
   3-16  days in each house be suspended, and this rule is hereby suspended,
   3-17  and that this Act take effect and be in force from and after its
   3-18  passage, and it is so enacted.