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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the costs of court and juvenile probation |
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fees imposed by a juvenile court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.0411(a), Family Code, is amended to |
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read as follows: |
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(a) If a disposition hearing is held under Section 54.04 of |
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this code, the juvenile court, after giving the child, parent, or |
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other person responsible for the child's support a reasonable |
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opportunity to be heard, shall order the child, parent, or other |
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person, if financially able to do so, to pay a fee as costs of court |
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of $300 [$20]. |
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SECTION 2. Section 54.061(a), Family Code, is amended to |
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read as follows: |
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(a) If a child is placed on probation under Section |
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54.04(d)(1) of this code, the juvenile court, after giving the |
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child, parent, or other person responsible for the child's support |
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a reasonable opportunity to be heard, shall order the child, |
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parent, or other person, if financially able to do so, to pay to the |
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court a fee of not more than $60 [$15] a month during the period that |
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the child continues on probation. |
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SECTION 3. Section 103.0212, Government Code, is amended to |
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read as follows: |
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Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a |
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civil suit, as applicable, shall pay the following fees and costs |
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under the Family Code if ordered by the court or otherwise required: |
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(1) in family matters: |
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(A) issuing writ of withholding (Sec. 8.262, |
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Family Code) . . . $15; |
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(B) filing copy of writ of withholding to |
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subsequent employer (Sec. 8.267, Family Code) . . . $15; |
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(C) issuing and delivering modified writ of |
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withholding or notice of termination (Sec. 8.302, Family Code) |
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. . . $15; |
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(D) issuing and delivering notice of termination |
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of withholding (Sec. 8.303, Family Code) . . . $15; |
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(E) issuance of change of name certificate (Sec. |
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45.106, Family Code) . . . $10; |
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(F) protective order fee (Sec. 81.003, Family |
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Code) . . . $16; |
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(G) filing suit requesting adoption of child |
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(Sec. 108.006, Family Code) . . . $15; |
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(H) filing fees for suits affecting parent-child |
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relationship (Sec. 110.002, Family Code): |
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(i) suit or motion for modification (Sec. |
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110.002, Family Code) . . . $15; |
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(ii) motion for enforcement (Sec. 110.002, |
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Family Code) . . . $15; |
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(iii) notice of application for judicial |
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writ of withholding (Sec. 110.002, Family Code) . . . $15; |
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(iv) motion to transfer (Sec. 110.002, |
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Family Code) . . . $15; |
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(v) petition for license suspension (Sec. |
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110.002, Family Code) . . . $15; |
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(vi) motion to revoke a stay of license |
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suspension (Sec. 110.002, Family Code) . . . $15; and |
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(vii) motion for contempt (Sec. 110.002, |
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Family Code) . . . $15; |
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(I) order or writ of income withholding to be |
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delivered to employer (Sec. 110.004, Family Code) . . . not to |
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exceed $15; |
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(J) filing fee for transferred case (Sec. |
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110.005, Family Code) . . . $45; |
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(K) filing a writ of withholding (Sec. 158.319, |
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Family Code) . . . $15; |
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(L) filing a request for modified writ of |
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withholding or notice of termination (Sec. 158.403, Family Code) |
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. . . not to exceed $15; |
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(M) filing an administrative writ to employer |
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(Sec. 158.503, Family Code) . . . not to exceed $15; and |
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(N) genetic testing fees in relation to a child |
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born to a gestational mother (Sec. 160.762, Family Code) . . . as |
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assessed by the court; and |
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(2) in juvenile court: |
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(A) fee schedule for deferred prosecution |
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services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; |
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(B) a request fee for a teen court program (Sec. |
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54.032, Family Code) . . . $20, if the court ordering the fee is |
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located in the Texas-Louisiana border region, but otherwise not to |
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exceed $10; |
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(C) court costs for juvenile probation diversion |
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fund (Sec. 54.0411, Family Code) . . . $300 [$20]; |
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(D) a juvenile delinquency prevention fee (Sec. |
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54.0461, Family Code) . . . $50; |
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(E) a court fee for child's probationary period |
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(Sec. 54.061, Family Code) . . . not to exceed $60 [$15] a month; |
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(F) a fee to cover costs of required duties of |
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teen court (Sec. 54.032, Family Code) . . . $20, if the court |
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ordering the fee is located in the Texas-Louisiana border region, |
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but otherwise not to exceed $10; |
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(G) a fee for DNA testing on commitment to |
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certain facilities (Sec. 54.0462, Family Code) . . . $50; and |
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(H) a fee for DNA testing after placement on |
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probation or as otherwise required by law (Sec. 54.0462, Family |
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Code) . . . $34. |
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SECTION 4. The changes in law made by this Act apply only to |
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a fee or court cost imposed in a juvenile case for conduct violating |
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a penal law that occurs on or after the effective date of this Act. |
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Conduct violating a penal law occurs on or after the effective date |
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of this Act if any element of the violation occurs on or after that |
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date. Conduct that occurs before the effective date of this Act is |
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governed by the law in effect at the time the conduct occurred, and |
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that law is continued in effect for that purpose. |
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SECTION 5. Section 51.607, Government Code, does not apply |
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to the change in the amount of fees made by Sections 1 and 2 of this |
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Act. |
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SECTION 6. This Act takes effect September 1, 2013. |