By: Gallegos S.B. No. 1426
(In the Senate - Filed March 10, 2005; March 21, 2005, read
first time and referred to Committee on Jurisprudence;
April 14, 2005, reported favorably by the following vote: Yeas 6,
Nays 0; April 14, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to fees charged to persons applying for the expunction of
certain offenses committed by minors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 106.12, Alcoholic Beverage Code, is
amended by adding Subsection (d) to read as follows:
(d) The court shall charge an applicant a fee in the amount
of $30 for each application for expungement filed under this
section to defray the cost of notifying state agencies of orders of
expungement under this section.
SECTION 2. Subsection (i), Article 45.0216, Code of
Criminal Procedure, is amended to read as follows:
(i) The justice or municipal court shall [may not] require a
person who requests expungement under this article to pay a [any]
fee in the amount of $30 to defray the cost of notifying state
agencies of orders of expungement under this article [or court
costs].
SECTION 3. Subsection (d), Article 45.055, Code of Criminal
Procedure, is amended to read as follows:
(d) The court shall [may not] require an individual who
files an application under this article to pay a [any] fee in the
amount of $30 to defray the cost of notifying state agencies of
orders of expunction under this article [or court costs for seeking
expunction].
SECTION 4. Article 102.006, Code of Criminal Procedure, is
amended to read as follows:
Art. 102.006. FEES IN EXPUNCTION PROCEEDINGS. In addition
to any other fees required by other law, a [A] petitioner seeking
expunction of a criminal record shall pay the following fees:
(1) the fee charged for filing an ex parte petition in
a civil action in district court;
(2) $1 plus postage for each certified mailing of
notice of the hearing date; and
(3) $2 plus postage for each certified mailing of
certified copies of an order of expunction.
SECTION 5. Section 161.255, Health and Safety Code, is
amended to read as follows:
Sec. 161.255. EXPUNGEMENT OF CONVICTION. (a) An
individual convicted of an offense under Section 161.252 may apply
to the court to have the conviction expunged. If the court finds
that the individual satisfactorily completed the tobacco awareness
program or tobacco-related community service ordered by the court,
the court shall order the conviction and any complaint, verdict,
sentence, or other document relating to the offense to be expunged
from the individual's record and the conviction may not be shown or
made known for any purpose.
(b) The court shall charge an applicant a fee in the amount
of $30 for each application for expungement filed under this
section to defray the cost of notifying state agencies of orders of
expungement under this section.
SECTION 6. Section 103.021, Government Code, is amended to
read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES. An accused or defendant, or a party to a civil suit, as
applicable, shall pay the following fees and costs if ordered by the
court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal
Procedure) . . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50
for a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence shelter center fee (Art. 42.12,
Code of Criminal Procedure) . . . not to exceed $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42.12, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal
Procedure) . . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(B) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of
the fine for the offense committed by the defendant;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15
per mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(20-a) a fee to defray the cost of notifying state
agencies of orders of expungement (Art. 45.0216, Code of Criminal
Procedure) . . . $30 per application;
(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, Code of Criminal
Procedure) . . . $30 per application;
(20-c) a fee to defray the cost of notifying state
agencies of orders of expungement (Section 106.12, Alcoholic
Beverage Code) . . . $30 per application;
(20-d) a fee to defray the cost of notifying state
agencies of orders of expungement (Section 161.255, Health and
Safety Code) . . . $30 per application;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal
Procedure) . . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal
Procedure) . . . not to exceed $75;
(22) a fee for pretrial intervention program (Art.
102.012, Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5;
and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction;
(25) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec.
25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in
Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County
(Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;
(26) a speedy trial filing fee in El Paso County (Sec.
54.745, Government Code) . . . $100;
(27) costs for use of magistrate in Brazos County
(Sec. 54.1116, Government Code) . . . not to exceed $50;
(28) an administrative fee for participation in
certain community supervision programs (Sec. 76.015, Government
Code) . . . not less than $25 and not more than $40 per month;
(29) in family matters:
(A) issuing writ of withholding (Sec. 8.262,
Family Code) . . . $15;
(B) filing copy of writ of withholding to
subsequent employer (Sec. 8.267, Family Code) . . . $15;
(C) issuing and delivering modified writ of
withholding or notice of termination (Sec. 8.302, Family
Code) . . . $15;
(D) issuing and delivering notice of termination
of withholding (Sec. 8.303, Family Code) . . . $15;
(E) issuance of change of name certificate (Sec.
45.106, Family Code) . . . $10;
(F) protective order fee (Sec. 81.003, Family
Code) . . . $16;
(G) filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
(H) filing fees for suits affecting parent-child
relationship (Sec. 110.002, Family Code):
(i) suit or motion for modification (Sec.
110.002, Family Code) . . . $15;
(ii) motion for enforcement (Sec. 110.002,
Family Code) . . . $15;
(iii) notice of application for judicial
writ of withholding (Sec. 110.002, Family Code) . . . $15;
(iv) motion to transfer (Sec. 110.002,
Family Code) . . . $15;
(v) petition for license suspension (Sec.
110.002, Family Code) . . . $15;
(vi) motion to revoke a stay of license
suspension (Sec. 110.002, Family Code) . . . $15; and
(vii) motion for contempt (Sec. 110.002,
Family Code) . . . $15;
(I) order or writ of income withholding to be
delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(J) filing fee for transferred case (Sec.
110.005, Family Code) . . . $45;
(K) filing a writ of withholding (Sec. 158.319,
Family Code) . . . $15;
(L) filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family
Code) . . . not to exceed $15;
(M) filing an administrative writ to employer
(Sec. 158.503, Family Code) . . . not to exceed $15; and
(N) genetic testing fees in relation to a child
born to a gestational mother (Sec. 160.762, Family Code) . . . as
assessed by the court;
(30) in juvenile court:
(A) fee schedule for deferred prosecution
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a
month;
(B) a teen court administration fee (Sec. 54.032,
Family Code) . . . not to exceed $10;
(C) court costs for juvenile probation diversion
fund (Sec. 54.0411, Family Code) . . . $20;
(D) a juvenile delinquency prevention fee (Sec.
54.0461, Family Code) . . . $5; and
(E) a court fee for child's probationary period
(Sec. 54.061, Family Code) . . . not to exceed $15 a month;
(31) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15;
(32) administrative fee on dismissal of charge of
driving with an expired motor vehicle registration (Sec. 502.407,
Transportation Code) . . . not to exceed $10;
(33) administrative fee on dismissal of charge of
driving with an expired driver's license (Sec. 521.026,
Transportation Code) . . . not to exceed $10;
(34) administrative fee on remediation of charge of
driving with an expired inspection certificate (Sec. 548.605,
Transportation Code) . . . not to exceed $10;
(35) administrative fee for failure to appear for a
complaint or citation on certain offenses (Sec. 706.006,
Transportation Code) . . . $30 for each violation;
(36) administrative fee for failure to pay or satisfy
certain judgments (Sec. 706.006, Transportation Code) . . . $30;
(37) fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
cases (Sec. 411.081, Government Code) . . . $28; and
(38) on a finding that an animal's owner has cruelly
treated the animal, court costs including:
(A) investigation (Sec. 821.023, Health and
Safety Code) . . . actual costs;
(B) expert witnesses (Sec. 821.023, Health and
Safety Code) . . . actual costs;
(C) housing and caring for the animal during its
impoundment (Sec. 821.023, Health and Safety Code) . . . actual
costs;
(D) conducting any public sale ordered by the
court (Sec. 821.023, Health and Safety Code) . . . actual costs;
and
(E) humanely destroying the animal if
destruction is ordered by the court (Sec. 821.023, Health and
Safety Code) . . . actual costs.
SECTION 7. The changes in law made by this Act apply only to
an application for expunction filed on or after the effective date
of this Act. An application for expunction filed before the
effective date of this Act is covered by the law in effect when the
application was filed, and the former law is continued in effect for
that purpose.
SECTION 8. This Act takes effect September 1, 2005.
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