H.B. No. 930
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.