SRC-JBJ H.B. 2410 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2410
77R12532 JMC-DBy: Martinez Fischer (West, Royce)
Criminal Justice
5/11/2001
Engrossed


DIGEST AND PURPOSE 

In addition to city-imposed court fines, fees, and costs, the State of
Texas assesses certain costs and fees against defendants in municipal
court.  Under current Texas law, municipal courts are authorized to
discharge the costs only if other types of penalties are applied, including
manual labor, community service, and confinement to jail.  H.B. 2410
authorizes certain municipal court judges or justice courts to waive costs
and fees under certain conditions for a defendant who has defaulted on a
required payment.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 43.03(a), Code of Criminal Procedure, to
authorize the court after a hearing under Subsection (d) of this article,
if a defendant is sentenced to pay a fine or costs or both and the
defendant defaults in payment, to order the defendant confined in jail
until discharged as provided by law, to order the defendant to discharge
the fines and costs in any other manner provided by Article 43.09 of this
code, or to waive payment of the fines and costs as provided by Article
43.091.  

SECTION 2.  Amends Chapter 43, Code of Criminal Procedure, by adding
Article 43.091, as follows: 

Art. 43.091.  WAIVER OF PAYMENT OF FINES AND COSTS FOR INDIGENT DEFENDANTS
IN JUSTICE OR MUNICIPAL COURT.  Authorizes a municipal court, regardless of
whether the court is a court of record, or a justice court to waive payment
of a fine or cost imposed on a defendant who defaults in payment if the
court makes certain determinations. 
 
SECTION 3.  Provides that the change in law made by this Act applies to a
fine or cost imposed by a justice or municipal court on conviction of an
offense, regardless of whether the offense was committed before, on, or
after the effective date of this Act. 
 
SECTION 4.  Effective date: upon passage or September 1, 2001.