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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on a judge's imposition of court costs and |
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filing or other fees on indigent defendants and plaintiffs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 2, Government Code, is amended |
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by adding Chapter 104 to read as follows: |
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CHAPTER 104. COURT COSTS AND FILING AND OTHER FEES IN CIVIL AND |
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CRIMINAL PROCEEDINGS |
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Sec. 104.001. WAIVING COURT COSTS AND FILING AND OTHER FEES |
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FOR INDIGENTS. (a) In this section, "indigent" means an individual |
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who earns not more than 125 percent of the income standard |
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established by applicable federal poverty guidelines. |
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(b) Notwithstanding any other law, a judge or justice of the |
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supreme court, the court of criminal appeals, a court of appeals, a |
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district court, a criminal district court, a constitutional county |
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court, a statutory county court, a justice court, or a municipal |
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court, in a civil or criminal proceeding who finds that the |
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defendant or plaintiff in the proceeding is indigent shall waive |
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all court costs, including costs on conviction, and all filing fees |
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and other fees imposed by law on the indigent defendant or |
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plaintiff. |
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SECTION 2. Chapter 104, Government Code, as added by this |
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Act, applies only to court costs and filing and other fees imposed |
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in a civil or criminal proceeding that is conducted on or after the |
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effective date of this Act. Court costs and filing and other fees |
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imposed in a civil or criminal proceeding before the effective date |
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of this Act are governed by the law in effect on the date the costs |
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or fees were imposed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |