79R9788 JD-D

By:  Martinez Fischer                                             H.B. No. 3131



A BILL TO BE ENTITLED

AN ACT

relating to the payment of court costs required in connection with 
the suspension of sentence and deferral of final disposition in 
certain misdemeanor traffic cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 45.051, Code of Criminal Procedure, is 
amended by amending Subsection (a) and adding Subsection (a-1) to 
read as follows:
	(a)  On a plea of guilty or nolo contendere by a defendant or 
on a finding of guilt in a misdemeanor case punishable by fine only 
and, unless the judge elects to proceed under Subsection (a-1),
payment of all court costs, the judge may, at the judge's 
discretion, defer further proceedings without entering an 
adjudication of guilt and place the defendant on probation for a 
period not to exceed 180 days.  An order of deferral under this 
subsection terminates any liability under a bail bond or an 
appearance bond given for the charge.
	(a-1)  As an alternative to requiring a defendant charged 
with more than one traffic offense to make payment of all court 
costs as required by Subsection (a), the judge, in the judge's 
discretion, may:
		(1)  allow the defendant to enter into an agreement for 
payment of those costs in installments during the defendant's 
period of probation;
		(2)  require an eligible defendant to discharge all or 
part of those costs by performing community service under Article 
45.049; or
		(3)  take both actions authorized by Subdivisions (1) 
and (2).       
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.