Amend HB 3060 (committee printing) as follows:
(1) On page 1, line 10, strike "If" and substitute "In a prosecution pending before a court, if [If]".
(2) On page 1, line 12, strike "If a" and substitute "In a
prosecution pending before a magistrate, if the".
(3) On page 4, line 2, strike "or on a day or at a term stated
in the writ".
(4) On page 4, line 8, between "by" and "adding", insert
"amending Subsection (d) and".
(5) On page 4, between lines 8 and 9, insert the following:
(d) A court may not order a defendant confined under
Subsection (a) of this article unless the court at a hearing makes a
written determination that:
(1) [determines that] the defendant is not indigent
and has failed to make a good faith effort to discharge the fines
and costs [or determines that the defendant wilfully refused to pay
or failed to make sufficient bona fide efforts legally to acquire
the resources to pay and enters that determination in writing in the
court docket]; or [and]
(2) the defendant is indigent and:
(A) has failed to make a good faith effort to
discharge the fines and costs under Article 43.09(f); and
(B) could have discharged the fines and costs
under Article 43.09 without experiencing any undue hardship
[determines that no alternative method of discharging fines and
costs provided by Article 43.09 of this code is appropriate for the
defendant].
(6) On page 5, lines 3 and 4, strike "the defendant appears
[he can be brought] before the court" and substitute "the business
day following the date of the defendant's arrest if the defendant
cannot [he can] be brought before the court immediately".
(7) On page 6, line 19, between "court" and "or", insert
"immediately".
(8) On page 6, lines 19 and 20, strike "the defendant can be
brought before the court" and substitute "the business day
following the date of the defendant's arrest if the defendant
cannot [can] be brought before the court immediately".
(9) On page 7, line 15, strike "determines" and substitute
"at a hearing makes a written determination [determines]".
(10) On page 7, strike lines 19-23 and substitute the
following:
(2) the defendant is [not] indigent and:
(A) has failed to make a good faith effort to
discharge the fines and costs under Article 45.049; and
(B) could have discharged the fines and costs
under Article 45.049 without experiencing any undue hardship.
(11) On page 9, line 1, strike "43.02, 43.09(m), and 43.12"
and substitute "43.09(m) and 43.12".