85R12849 AJZ-D

By: Thompson of Harris H.B. No. 2934

A BILL TO BE ENTITLED

AN ACT

relating to the civil consequences imposed on persons arrested for, charged with, or convicted of certain criminal offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 502.010, Transportation Code, is amended by amending Subsection (a) and adding Subsections (b-1), (f-2), (i), and (j) to read as follows:

(a) Except as otherwise provided by this section, a [A] county assessor-collector or the department may refuse to register a motor vehicle if the assessor-collector or the department receives information that the owner of the vehicle:

(1) owes the county money for a fine, fee, or tax that is past due; or

(2) failed to appear in connection with a complaint, citation, information, or indictment in a court in the county in which a criminal proceeding is pending against the owner.

(b-1) Information that is provided to make a determination under Subsection (a)(1) and that concerns the past due status of a fine or fee imposed for a criminal offense and owed to the county expires on the second anniversary of the date the information was provided and may not be resubmitted or used to refuse registration after that date. Once information about a past due fine or fee is provided under Subsection (b), subsequent information about other fines or fees that are imposed for a criminal offense and that become past due before the second anniversary of the date the initial information was provided may not be used, either before or after the second anniversary of that date, to refuse registration under this section unless, at the time the fine or fee becomes past due, the motor vehicle is no longer subject to refusal of registration because of notice received under Subsection (c).

(f-2) On payment or other means of discharge of a past due fine or fee that was imposed for a criminal offense, payment of the additional fee under Subsection (f)(1) may be waived by the county in which the fine or fee was owed or the court having jurisdiction over the offense.

(i) If the court having jurisdiction over an offense for which a fine or fee was imposed makes a finding that the defendant is financially unable to pay the entire fine or fee:

(1) the court shall notify the county assessor-collector of the county in which the defendant intends to register the motor vehicle and the department of the finding;

(2) a county assessor-collector or the department may not refuse to register the defendant's motor vehicle under this section; and

(3) a county may not impose an additional fee on the defendant under Subsection (f).

(j) For purposes of Subsection (i), a court:

(1) shall find a defendant financially unable to pay a fine or fee if the defendant is:

(A) paying an existing fine or fee in specified portions at designated intervals; or

(B) performing community service in lieu of payment; and

(2) may find a defendant financially unable to pay a fine or fee after considering any information that the court considers appropriate.

SECTION 2. Section 502.010(f), Transportation Code, as amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular Session, 2011, is reenacted and amended to read as follows:

(f) Except as otherwise provided by this section, a [A] county that has a contract under Subsection (b) may impose an additional fee of $20 to:

(1) a person who fails to pay a fine, fee, or tax to the county by the date on which the fine, fee, or tax is due; or

(2) a person who fails to appear in connection with a complaint, citation, information, or indictment in a court in which a criminal proceeding is pending against the owner. [The additional fee may be used only to reimburse the department or the county for its expenses for providing services under the contract.]

SECTION 3. Chapter 706, Transportation Code, is amended by adding Section 706.0011 to read as follows:

Sec. 706.0011. FINDING BY COURT OF INABILITY TO PAY. (a) If the court having jurisdiction over an offense for which a fine and cost were imposed makes a finding that the defendant is indigent, has insufficient resources or income to pay the fine and cost, or is otherwise unable to pay the fine and cost:

(1) the court shall notify the department of the finding;

(2) the department may not deny renewal of the defendant's license under this chapter; and

(3) an administrative fee may not be imposed on the defendant under Section 706.006.

(b) For purposes of Subsection (a), a court:

(1) shall presume a defendant is unable to pay a fine or fee if the defendant is:

(A) paying an existing fine or fee in specified portions at designated intervals; or

(B) performing community service in lieu of payment; and

(2) may find a defendant financially unable to pay a fine or fee after considering any information that the court considers appropriate.

SECTION 4. Section 706.004, Transportation Code, is amended by adding Subsections (c) and (d) to read as follows:

(c) Notwithstanding Subsection (a), the department may deny renewal of a person's driver's license under this section only until the earlier of:

(1) the date the department receives clearance notice under Section 706.005; or

(2) the second anniversary of the date the person failed to appear or failed to pay or satisfy a judgment.

(d) Information that is provided to the department under Subsection (a) expires on the second anniversary of the date the information was provided and may not be resubmitted or used to refuse renewal of a driver's license after that date. Once information is provided under Subsection (a), subsequent information about another failure to appear or other fines or fees that are imposed for a criminal offense and that become past due before the second anniversary of the date the initial information was provided may not be used, either before or after the second anniversary of that date, to refuse renewal of a driver's license.

SECTION 5. Section 706.006, Transportation Code, is amended by amending Subsections (a), (b), and (c) and adding Subsections (d) and (e) to read as follows:

(a) Except as provided by Subsection (e), a [A] person who fails to appear for a complaint or citation for an offense described by Section 706.002(a) shall be required to pay an administrative fee of $30 for all complaints or citations that are issued for offenses arising from the same criminal episode and are [each complaint or citation] reported to the department under this chapter, unless the person is acquitted of the charges for which the person failed to appear or those charges are dismissed. The person shall pay the fee when:

(1) the court enters judgment on the underlying offense reported to the department; or

(2) [the underlying offense is dismissed; or

[(3)] bond or other security is posted to reinstate the charge for which the warrant was issued.

(b) Except as provided by Subsection (e), a [A] person who fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner the court orders shall be required to pay an administrative fee of $30.

(c) The department may deny renewal of the driver's license of a person who does not pay a fee due under this section until the earlier of:

(1) the date the fee is paid; or

(2) the second anniversary of the date the person failed to appear or failed to pay or satisfy a judgment.

(d) The fee required by this section is in addition to any other fee required by law.

(e) A municipal court judge or justice of the peace who has jurisdiction over the underlying offense may waive an administrative fee required by this section.

SECTION 6. Section 708.152, Transportation Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b) A license suspended under this section remains suspended until the earlier of:

(1) the date the person pays the amount of the surcharge and any related costs; or

(2) the second anniversary of the date of suspension.

(c) A surcharge that becomes past due before the second anniversary of suspension under Subsection (b) may not be used, either before or after the second anniversary of that date, to suspend that person's driver's license under this section unless, at the time the surcharge became past due, the person's driver's license was no longer subject to suspension under this section.

SECTION 7. Section 708.154(c), Transportation Code, is amended to read as follows:

(c) A license suspended under this section remains suspended until the earlier of:

(1) the date the person pays the amount of the surcharge and any related costs; or

(2) the second anniversary of the date of suspension.

SECTION 8. The changes in law made by this Act apply to an offense committed before, on, or after the effective date of this Act.

SECTION 9. This Act takes effect September 1, 2017.