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A BILL TO BE ENTITLED
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AN ACT
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relating to the ability of a child, parent, or other person |
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responsible for a child's support to pay juvenile probation fees or |
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court costs and 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 53.03(d), Family Code, is amended to |
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read as follows: |
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(d) The juvenile board may adopt a fee schedule for deferred |
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prosecution services [and rules for the waiver of a fee for
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financial hardship] in accordance with guidelines that the Texas |
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Juvenile Justice Department shall provide. The maximum fee is $15 |
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a month. If the board adopts a schedule, subject to Section 53.031 |
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[and rules for waiver], the probation officer or other designated |
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officer of the court shall collect the fee authorized by the |
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schedule from the parent, guardian, or custodian of a child for whom |
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a deferred prosecution is authorized under this section or waive |
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the fee in accordance with Section 53.031 [the rules adopted by the
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board]. The officer shall deposit the fees received under this |
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section in the county treasury to the credit of a special fund that |
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may be used only for juvenile probation or community-based juvenile |
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corrections services or facilities in which a juvenile may be |
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required to live while under court supervision. If the board does |
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not adopt a schedule [and rules for waiver], a fee for deferred |
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prosecution services may not be imposed. |
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SECTION 2. Chapter 53, Family Code, is amended by adding |
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Section 53.031 to read as follows: |
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Sec. 53.031. DEFERRED PROSECUTION SERVICES FEE. (a) |
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Before a probation officer or other designated officer of the court |
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may collect a deferred prosecution services fee from a parent or |
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other person responsible for the child's support under Section |
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53.03(d), the officer shall conduct an assessment to determine |
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whether the payment of the fee, in whole or in part, would cause |
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undue hardship. |
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(b) The probation officer or other designated officer of the |
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court shall make a finding that the payment of a fee would cause |
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undue hardship and waive the fee under Section 53.03(d) if the court |
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finds that: |
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(1) the parent, other person, or family of the parent |
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or other person earns not more than 125 percent of the income |
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standards established by applicable federal poverty guidelines; or |
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(2) the parent, other person, or family of the parent |
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or other person currently receives assistance or benefits under: |
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(A) the child health plan program under Chapter |
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62, Health and Safety Code; |
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(B) the financial assistance program under |
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Chapter 31, Human Resources Code; |
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(C) the medical assistance program under Chapter |
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32, Human Resources Code; |
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(D) the supplemental nutrition assistance |
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program under Chapter 33, Human Resources Code; |
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(E) the Temporary Assistance for Needy Families |
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program; or |
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(F) the federal special supplemental nutrition |
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program for women, infants, and children authorized by 42 U.S.C. |
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Section 1786. |
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(c) In determining whether the fee would cause undue |
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hardship for a parent or other person whose payment is not waived |
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under Subsection (b), the officer shall consider whether the person |
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could reasonably pay the required obligation after the person |
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discharged the person's other important financial obligations, |
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including payments for housing, food, utilities, necessary |
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clothing, education, and preexisting debts. |
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(d) If the probation officer or other designated officer of |
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the court determines under Subsection (c) that the parent or other |
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person is unable to pay the fee in whole or in part without |
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experiencing undue hardship, the officer shall waive the fee or |
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collect a reduced fee in an amount that the officer determines will |
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not cause an undue hardship. |
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SECTION 3. Chapter 54, Family Code, is amended by adding |
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Section 54.021 to read as follows: |
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Sec. 54.021. COURT-ORDERED FEE, COST, OR RESTITUTION |
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PAYMENT. (a) Before a court may impose a fee, cost, or a |
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restitution payment on a child, parent, or other person responsible |
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for the child's support, the court shall conduct an assessment to |
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determine whether the fee, cost, or restitution payment would cause |
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undue hardship. |
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(b) The court shall make a finding that the child, parent, |
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or other person is unable to pay a fee, cost, or restitution payment |
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without experiencing undue hardship and waive the fee, cost, or |
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payment if: |
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(1) the child, parent, or other person or family of the |
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child, parent, or other person earns not more than 125 percent of |
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the income standards established by applicable federal poverty |
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guidelines; or |
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(2) the child, parent, or other person or family of the |
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child, parent, or other person currently receives assistance or |
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benefits under: |
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(A) the child health plan program under Chapter |
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62, Health and Safety Code; |
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(B) the financial assistance program under |
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Chapter 31, Human Resources Code; |
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(C) the medical assistance program under Chapter |
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32, Human Resources Code; |
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(D) the supplemental nutrition assistance |
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program under Chapter 33, Human Resources Code; |
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(E) the Temporary Assistance for Needy Families |
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program; or |
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(F) the federal special supplemental nutrition |
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program for women, infants, and children authorized by 42 U.S.C. |
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Section 1786. |
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(c) In determining whether a fee, cost, or restitution |
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payment would cause undue hardship for a child, parent, or other |
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person whose payment is not waived under Subsection (b), the court |
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shall consider whether the person could reasonably pay the |
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court-ordered obligation after the person discharged the person's |
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other important financial obligations, including payments for |
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housing, food, utilities, necessary clothing, education, and |
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preexisting debts. |
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(d) A court that makes a finding under Subsection (c) that |
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the child, parent, or other person is unable to pay the fee, cost, |
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or restitution payment in whole or in part without experiencing |
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undue hardship shall waive the fee or order the child, parent, or |
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other person to pay a reduced fee, cost, or restitution payment in |
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an amount that the court finds would not cause an undue hardship. |
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(e) The inability of the child, parent, or other person |
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responsible for the child's support to pay any fee, cost, or |
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restitution payment related to the child's case may not result in: |
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(1) the child being denied access to a more favorable |
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disposition of the child's case, programming, or treatment; |
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(2) the child's probation or supervision being |
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extended; or |
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(3) additional punishment for the child. |
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SECTION 4. Section 54.032, Family Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) The court shall waive or reduce a fee under Subsection |
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(e), (g), or (h) if the court makes a finding under Section 54.021 |
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that the child is unable to pay the fee in whole or in part without |
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experiencing undue hardship. |
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SECTION 5. Section 54.0325, Family Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) The court shall waive or reduce a fee under Subsection |
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(g) or (h) if the court makes a finding under Section 54.021 that |
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the child is unable to pay the fee in whole or in part without |
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experiencing undue hardship. |
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SECTION 6. Section 54.0404(b), Family Code, is amended to |
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read as follows: |
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(b) A juvenile court that enters an order under Subsection |
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(a) shall require the child or the child's parent or other person |
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responsible for the child's support to pay the cost of attending an |
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educational program under Subsection (a) if the court determines |
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that the child, parent, or other person is financially able to make |
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payment. The court shall waive or reduce the cost of attending the |
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program if the court makes a finding under Section 54.021 that the |
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child, parent, or other person is unable to pay the cost in whole or |
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in part without experiencing undue hardship. |
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SECTION 7. Section 54.041, Family Code, is amended by |
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adding Subsections (a-1) and (c-1) to read as follows: |
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(a-1) The court shall waive or reduce the cost of attending |
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treatment programs under Subsection (a)(4) if the court makes a |
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finding under Section 54.021 that the parent or other person is |
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unable to pay the cost in whole or in part without experiencing |
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undue hardship. |
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(c-1) If a juvenile court orders a child to make restitution |
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under Subsection (b) and makes a finding under Section 54.021 that |
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the child, child's parent, or other person responsible for the |
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child's support is financially unable to make the restitution |
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without experiencing undue hardship, the court may order the child |
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to perform a specific number of hours of community service to |
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satisfy all or part of the restitution. |
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SECTION 8. Section 54.0411, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The court shall waive or reduce the fee under |
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Subsection (a) if the court makes a finding under Section 54.021 |
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that the child, parent, or other person is unable to pay the fee in |
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whole or in part without experiencing undue hardship. |
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SECTION 9. Section 54.046(c), Family Code, is amended to |
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read as follows: |
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(c) If a juvenile court orders a child to make restitution |
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under Subsection (a) and makes a finding under Section 54.021 that |
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the child, child's parent, or other person responsible for the |
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child's support is financially unable to make the restitution |
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payment in whole or in part without experiencing undue hardship, |
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the court may order the child to perform a specific number of hours |
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of community service, in addition to the hours required under |
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Subsection (d), to satisfy all or part of the restitution. |
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SECTION 10. Section 54.0461(c), Family Code, is amended to |
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read as follows: |
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(c) The court shall waive or reduce the fee under this |
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section if [If] the court makes a finding under Section 54.021 |
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[finds] that a child, parent, or other person responsible for the |
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child's support is unable to pay the juvenile delinquency |
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prevention fee required under Subsection (a) in whole or in part |
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without experiencing undue hardship. The [, the] court shall enter |
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into the child's case records a statement of that finding. [The
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court may waive a fee under this section only if the court makes the
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finding under this subsection.] |
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SECTION 11. Section 54.0462(c), Family Code, is amended to |
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read as follows: |
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(c) The court shall waive or reduce the fee under Subsection |
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(a) if [If] the court makes a finding under Section 54.021 [finds] |
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that a child, parent, or other person responsible for the child's |
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support is unable to pay the fee required under Subsection (a) in |
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whole or in part without experiencing undue hardship. The [, the] |
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court shall enter into the child's case records a statement of that |
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finding. [The court may waive a fee under this section only if the
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court makes the finding under this subsection.] |
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SECTION 12. Section 54.047(f), Family Code, is amended to |
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read as follows: |
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(f) If the court orders a child under Subsection (a) or (b) |
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to attend a drug education program or alcohol awareness program, |
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[unless the court determines that the parent or guardian of the
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child is indigent and unable to pay the cost,] the court shall |
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require the child's parent or other person responsible for the |
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child's support [a guardian of the child] to pay the cost of |
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attending the program. The court shall allow the child's parent or |
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other person [guardian] to pay the cost of attending the program in |
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installments. The court shall waive or reduce the cost of attending |
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the program if the court makes a finding under Section 54.021 that |
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the parent or other person is unable to pay the cost in whole or in |
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part without experiencing undue hardship. |
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SECTION 13. Section 54.048, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) If a juvenile court orders a child to make restitution |
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under Subsection (a) and makes a finding under Section 54.021 that |
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the child, child's parent, or other person responsible for the |
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child's support is financially unable to make the restitution in |
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whole or in part without experiencing undue hardship, the court may |
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order the child to perform a specific number of hours of community |
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service to satisfy all or part of the restitution. |
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SECTION 14. Section 54.0481(b), Family Code, is amended to |
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read as follows: |
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(b) If a juvenile court orders a child to make restitution |
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under Subsection (a) and makes a finding under Section 54.021 that |
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the child, child's parent, or other person responsible for the |
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child's support is financially unable to make the restitution |
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without experiencing undue hardship, the court may order the child |
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to perform a specific number of hours of community service to |
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satisfy all or part of the restitution. |
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SECTION 15. Section 54.049(b), Family Code, is amended to |
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read as follows: |
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(b) If a juvenile court orders a child to make restitution |
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under Subsection (a) and the court makes a finding under Section |
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54.021 that the child is [financially] unable to make the |
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restitution in whole or in part without experiencing undue |
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hardship, the court may [order]: |
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(1) order the child to perform a specific number of |
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hours of community service to satisfy all or part of the |
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restitution; [or] |
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(2) if the court makes a finding under Section 54.021 |
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that a parent or other person responsible for the child's support is |
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able to make the restitution in the amount described by Subsection |
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(a) without experiencing undue hardship, order the parent or other |
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person to make restitution for the full amount; or |
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(3) if the court makes a finding under Section 54.021 |
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that the parent or other person is unable to make the restitution in |
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the full amount described by Subsection (a) without experiencing |
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undue hardship but is able to make the restitution in a lesser |
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amount without experiencing undue hardship, order the parent or |
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other person to make restitution in the lesser amount. |
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SECTION 16. Section 54.06, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The court shall waive or reduce the payment for |
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support under Subsection (a) if the court makes a finding under |
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Section 54.021 that the parent or other person is unable to make the |
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payment in whole or in part without experiencing undue hardship. |
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SECTION 17. Section 54.061(d), Family Code, is amended to |
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read as follows: |
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(d) The court shall waive or reduce the fee under Subsection |
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(a) if [If] the court makes a finding under Section 54.021 [finds] |
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that a child, parent, or other person responsible for the child's |
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support is financially unable to pay the probation fee required |
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under Subsection (a) in whole or in part without experiencing undue |
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hardship. The [, the] court shall enter into the records of the |
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child's case a statement of that finding. [The court may waive a
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fee under this section only if the court makes the finding under
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this subsection.] |
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SECTION 18. The changes in law made by this Act apply only |
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to a fee, cost, or other payment imposed on or after the effective |
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date of this Act. A fee, cost, or other payment imposed before the |
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effective date of this Act is governed by the law in effect on the |
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date the fee, cost, or payment was imposed, and the former law is |
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continued in effect for that purpose. |
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SECTION 19. Section 51.607, Government Code, does not apply |
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to the change in the amount of fees or court costs made by this Act. |
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SECTION 20. This Act takes effect September 1, 2017. |