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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil consequences imposed on persons arrested for, |
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charged with, or convicted of certain criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.010, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsections (b-1), (f-2), |
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(i), and (j) to read as follows: |
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(a) Except as otherwise provided by this section, a [A] |
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county assessor-collector or the department may refuse to register |
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a motor vehicle if the assessor-collector or the department |
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receives information that the owner of the vehicle: |
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(1) owes the county money for a fine, fee, or tax that |
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is past due; or |
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(2) failed to appear in connection with a complaint, |
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citation, information, or indictment in a court in the county in |
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which a criminal proceeding is pending against the owner. |
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(b-1) Information that is provided to make a determination |
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under Subsection (a)(1) and that concerns the past due status of a |
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fine or fee imposed for a criminal offense and owed to the county |
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expires on the second anniversary of the date the information was |
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provided and may not be resubmitted or used to refuse registration |
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after that date. Once information about a past due fine or fee is |
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provided under Subsection (b), subsequent information about other |
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fines or fees that are imposed for a criminal offense and that |
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become past due before the second anniversary of the date the |
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initial information was provided may not be used, either before or |
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after the second anniversary of that date, to refuse registration |
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under this section unless, at the time the fine or fee becomes past |
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due, the motor vehicle is no longer subject to refusal of |
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registration because of notice received under Subsection (c). |
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(f-2) On payment or other means of discharge of a past due |
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fine or fee that was imposed for a criminal offense, payment of the |
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additional fee under Subsection (f)(1) may be waived by the county |
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in which the fine or fee was owed or the court having jurisdiction |
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over the offense. |
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(i) If the court having jurisdiction over an offense for |
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which a fine or fee was imposed makes a finding that the defendant |
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is financially unable to pay the entire fine or fee: |
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(1) the court shall notify the county |
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assessor-collector of the county in which the defendant intends to |
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register the motor vehicle and the department of the finding; |
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(2) a county assessor-collector or the department may |
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not refuse to register the defendant's motor vehicle under this |
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section; and |
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(3) a county may not impose an additional fee on the |
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defendant under Subsection (f). |
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(j) For purposes of Subsection (i), a court: |
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(1) shall find a defendant financially unable to pay a |
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fine or fee if the defendant is: |
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(A) paying an existing fine or fee in specified |
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portions at designated intervals; or |
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(B) performing community service in lieu of |
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payment; and |
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(2) may find a defendant financially unable to pay a |
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fine or fee after considering any information that the court |
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considers appropriate. |
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SECTION 2. Section 502.010(f), Transportation Code, as |
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amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of |
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the 82nd Legislature, Regular Session, 2011, is reenacted and |
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amended to read as follows: |
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(f) Except as otherwise provided by this section, a [A] |
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county that has a contract under Subsection (b) may impose an |
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additional fee of $20 to: |
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(1) a person who fails to pay a fine, fee, or tax to the |
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county by the date on which the fine, fee, or tax is due; or |
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(2) a person who fails to appear in connection with a |
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complaint, citation, information, or indictment in a court in which |
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a criminal proceeding is pending against the owner. [The
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additional fee may be used only to reimburse the department or the
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county for its expenses for providing services under the contract.] |
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SECTION 3. Chapter 706, Transportation Code, is amended by |
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adding Section 706.0011 to read as follows: |
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Sec. 706.0011. FINDING BY COURT OF INABILITY TO PAY. (a) |
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If the court having jurisdiction over an offense for which a fine |
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and cost were imposed makes a finding that the defendant is |
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indigent, has insufficient resources or income to pay the fine and |
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cost, or is otherwise unable to pay the fine and cost: |
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(1) the court shall notify the department of the |
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finding; |
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(2) the department may not deny renewal of the |
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defendant's license under this chapter; and |
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(3) an administrative fee may not be imposed on the |
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defendant under Section 706.006. |
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(b) For purposes of Subsection (a), a court: |
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(1) shall presume a defendant is unable to pay a fine |
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or fee if the defendant is: |
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(A) paying an existing fine or fee in specified |
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portions at designated intervals; or |
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(B) performing community service in lieu of |
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payment; and |
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(2) may find a defendant financially unable to pay a |
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fine or fee after considering any information that the court |
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considers appropriate. |
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SECTION 4. Section 706.004, Transportation Code, is amended |
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by adding Subsections (c) and (d) to read as follows: |
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(c) Notwithstanding Subsection (a), the department may deny |
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renewal of a person's driver's license under this section only until |
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the earlier of: |
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(1) the date the department receives clearance notice |
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under Section 706.005; or |
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(2) the second anniversary of the date the person |
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failed to appear or failed to pay or satisfy a judgment. |
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(d) Information that is provided to the department under |
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Subsection (a) expires on the second anniversary of the date the |
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information was provided and may not be resubmitted or used to |
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refuse renewal of a driver's license after that date. Once |
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information is provided under Subsection (a), subsequent |
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information about another failure to appear or other fines or fees |
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that are imposed for a criminal offense and that become past due |
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before the second anniversary of the date the initial information |
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was provided may not be used, either before or after the second |
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anniversary of that date, to refuse renewal of a driver's license. |
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SECTION 5. Section 706.006, Transportation Code, is amended |
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by amending Subsections (a), (b), and (c) and adding Subsections |
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(d) and (e) to read as follows: |
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(a) Except as provided by Subsection (e), a [A] person who |
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fails to appear for a complaint or citation for an offense described |
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by Section 706.002(a) shall be required to pay an administrative |
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fee of $30 for all complaints or citations that are issued for |
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offenses arising from the same criminal episode and are [each
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complaint or citation] reported to the department under this |
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chapter, unless the person is acquitted of the charges for which the |
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person failed to appear or those charges are dismissed. The person |
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shall pay the fee when: |
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(1) the court enters judgment on the underlying |
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offense reported to the department; or |
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(2) [the underlying offense is dismissed; or
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[(3)] bond or other security is posted to reinstate |
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the charge for which the warrant was issued. |
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(b) Except as provided by Subsection (e), a [A] person who |
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fails to pay or satisfy a judgment ordering the payment of a fine |
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and cost in the manner the court orders shall be required to pay an |
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administrative fee of $30. |
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(c) The department may deny renewal of the driver's license |
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of a person who does not pay a fee due under this section until the |
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earlier of: |
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(1) the date the fee is paid; or |
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(2) the second anniversary of the date the person |
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failed to appear or failed to pay or satisfy a judgment. |
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(d) The fee required by this section is in addition to any |
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other fee required by law. |
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(e) A municipal court judge or justice of the peace who has |
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jurisdiction over the underlying offense may waive an |
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administrative fee required by this section. |
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SECTION 6. Section 708.152, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) A license suspended under this section remains |
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suspended until the earlier of: |
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(1) the date the person pays the amount of the |
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surcharge and any related costs; or |
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(2) the second anniversary of the date of suspension. |
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(c) A surcharge that becomes past due before the second |
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anniversary of suspension under Subsection (b) may not be used, |
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either before or after the second anniversary of that date, to |
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suspend that person's driver's license under this section unless, |
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at the time the surcharge became past due, the person's driver's |
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license was no longer subject to suspension under this section. |
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SECTION 7. Section 708.154(c), Transportation Code, is |
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amended to read as follows: |
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(c) A license suspended under this section remains |
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suspended until the earlier of: |
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(1) the date the person pays the amount of the |
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surcharge and any related costs; or |
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(2) the second anniversary of the date of suspension. |
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SECTION 8. The changes in law made by this Act apply to an |
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offense committed before, on, or after the effective date of this |
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Act. |
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SECTION 9. This Act takes effect September 1, 2017. |