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  S.B. No. 1913
 
 
 
 
AN ACT
  relating to the administrative, civil, and criminal consequences,
  including fines, fees, and costs, 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.  Article 14.06(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  A peace officer who is charging a person, including a
  child, with committing an offense that is a Class C misdemeanor,
  other than an offense under Section 49.02, Penal Code, may, instead
  of taking the person before a magistrate, issue a citation to the
  person that contains:
               (1)  written notice of the time and place the person
  must appear before a magistrate;
               (2)  [,] the name and address of the person charged;
               (3)  [,] the offense charged;
               (4)  information regarding the alternatives to the full
  payment of any fine or costs assessed against the person, if the
  person is convicted of the offense and is unable to pay that
  amount;[,] and
               (5)  the following admonishment, in boldfaced or
  underlined type or in capital letters:
         "If you are convicted of a misdemeanor offense involving
  violence where you are or were a spouse, intimate partner, parent,
  or guardian of the victim or are or were involved in another,
  similar relationship with the victim, it may be unlawful for you to
  possess or purchase a firearm, including a handgun or long gun, or
  ammunition, pursuant to federal law under 18 U.S.C. Section
  922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
  questions whether these laws make it illegal for you to possess or
  purchase a firearm, you should consult an attorney."
         SECTION 2.  Section 4(a), Article 17.42, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  Except as otherwise provided by this subsection, if [If]
  a court releases an accused on personal bond on the recommendation
  of a personal bond office, the court shall assess a personal bond
  fee of $20 or three percent of the amount of the bail fixed for the
  accused, whichever is greater. The court may waive the fee or
  assess a lesser fee if good cause is shown. A court that requires a
  defendant to give a personal bond under Article 45.016 may not
  assess a personal bond fee under this subsection.
         SECTION 3.  Article 27.14(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  A defendant charged with a misdemeanor for which the
  maximum possible punishment is by fine only may, in lieu of the
  method provided in Subsection (a) [of this article], mail or
  deliver in person to the court a plea of "guilty" or a plea of "nolo
  contendere" and a waiver of jury trial. The defendant may also
  request in writing that the court notify the defendant, at the
  address stated in the request, of the amount of an appeal bond that
  the court will approve. If the court receives a plea and waiver
  before the time the defendant is scheduled to appear in court, the
  court shall dispose of the case without requiring a court
  appearance by the defendant. If the court receives a plea and
  waiver after the time the defendant is scheduled to appear in court
  but at least five business days before a scheduled trial date, the
  court shall dispose of the case without requiring a court
  appearance by the defendant. The court shall notify the defendant
  either in person or by regular [certified] mail[, return receipt
  requested,] of the amount of any fine or costs assessed in the case,
  information regarding the alternatives to the full payment of any
  fine or costs assessed against the defendant, if the defendant is
  unable to pay that amount, and, if requested by the defendant, the
  amount of an appeal bond that the court will approve. Except as
  otherwise provided by this code, the [The] defendant shall pay any
  fine or costs assessed or give an appeal bond in the amount stated
  in the notice before the 31st day after receiving the notice.
         SECTION 4.  Article 42.15, Code of Criminal Procedure, is
  amended by adding Subsection (a-1) and amending Subsection (b) to
  read as follows:
         (a-1)  Notwithstanding any other provision of this article,
  during or immediately after imposing a sentence in a case in which
  the defendant entered a plea in open court as provided by Article
  27.13, 27.14(a), or 27.16(a), a court shall inquire whether the
  defendant has sufficient resources or income to immediately pay all
  or part of the fine and costs. If the court determines that the
  defendant does not have sufficient resources or income to
  immediately pay all or part of the fine and costs, the court shall
  determine whether the fine and costs should be:
               (1)  subject to Subsection (c), required to be paid at
  some later date or in a specified portion at designated intervals;
               (2)  discharged by performing community service under,
  as applicable, Article 43.09(f), Article 45.049, Article 45.0492,
  as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
  Regular Session, 2011, or Article 45.0492, as added by Chapter 777
  (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011;
               (3)  waived in full or in part under Article 43.091 or
  45.0491; or
               (4)  satisfied through any combination of methods under
  Subdivisions (1)-(3).
         (b)  Subject to Subsections (c) and (d) and Article 43.091,
  when imposing a fine and costs, a court may direct a defendant:
               (1)  to pay the entire fine and costs when sentence is
  pronounced;
               (2)  to pay the entire fine and costs at some later
  date; or
               (3)  to pay a specified portion of the fine and costs at
  designated intervals.
         SECTION 5.  Article 43.05, Code of Criminal Procedure, is
  amended by adding Subsections (a-1) and (a-2) to read as follows:
         (a-1)  A court may not issue a capias pro fine for the
  defendant's failure to satisfy the judgment according to its terms
  unless the court holds a hearing on the defendant's ability to
  satisfy the judgment and:
               (1)  the defendant fails to appear at the hearing; or
               (2)  based on evidence presented at the hearing, the
  court determines that the capias pro fine should be issued.
         (a-2)  The court shall recall a capias pro fine if, before
  the capias pro fine is executed:
               (1)  the defendant voluntarily appears to resolve the
  amount owed; and
               (2)  the amount owed is resolved in any manner
  authorized by this code.
         SECTION 6.  Article 43.09, Code of Criminal Procedure, is
  amended by amending Subsections (a), (g), (h), (j), and (l) and
  adding Subsection (h-1) to read as follows:
         (a)  When a defendant is convicted of a misdemeanor and the
  defendant's [his] punishment is assessed at a pecuniary fine or is
  confined in a jail after conviction of a felony for which a fine is
  imposed, if the defendant [he] is unable to pay the fine and costs
  adjudged against the defendant [him], the defendant [he] may for
  such time as will satisfy the judgment be put to work in the county
  jail industries program, in the workhouse, or on the county farm, or
  public improvements and maintenance projects of the county or a
  political subdivision located in whole or in part in the county, as
  provided in Article 43.10 [the succeeding article]; or if there is
  [be] no such county jail industries program, workhouse, farm, or
  improvements and maintenance projects, the defendant [he] shall be
  confined in jail for a sufficient length of time to discharge the
  full amount of fine and costs adjudged against the defendant [him];
  rating such confinement at $100 [$50] for each day and rating such
  labor at $100 [$50] for each day; provided, however, that the
  defendant may pay the pecuniary fine assessed against the defendant
  [him] at any time while the defendant [he] is serving at work in the
  county jail industries program, in the workhouse, or on the county
  farm, or on the public improvements and maintenance projects of the
  county or a political subdivision located in whole or in part in the
  county, or while the defendant [he] is serving the defendant's
  [his] jail sentence, and in such instances the defendant is [he
  shall be] entitled to the credit [he has] earned under this
  subsection during the time that the defendant [he] has served and
  the defendant [he] shall only be required to pay the [his] balance
  of the pecuniary fine assessed against the defendant [him]. A
  defendant who performs labor under this article during a day in
  which the defendant [he] is confined is entitled to both the credit
  for confinement and the credit for labor provided by this article.
         (g)  In the court's [its] order requiring a defendant to
  perform [participate in] community service [work] under Subsection
  (f) [of this article], the court must specify:
               (1)  the number of hours of community service the
  defendant is required to perform [work]; [and]
               (2)  whether the community supervision and corrections
  department or a court-related services office will perform the
  administrative duties required by the placement of the defendant in
  the community service program; and
               (3)  the date by which the defendant must submit to the
  court documentation verifying the defendant's completion of the
  community service.
         (h)  The court may order the defendant to perform community
  service [work] under Subsection (f):
               (1)  by attending a work and job skills training
  program, preparatory class for the high school equivalency
  examination administered under Section 7.111, Education Code, or
  similar activity; or
               (2)  [of this article only] for:
                     (A)  a governmental entity;
                     (B)  [or] a nonprofit organization or another
  organization that provides services to the general public that
  enhance social welfare and the general well-being of the community,
  as determined by the court; or
                     (C)  an educational institution.
         (h-1)  An [A governmental] entity [or nonprofit
  organization] that accepts a defendant under Subsection (f) [of
  this article] to perform community service must agree to supervise,
  either on-site or remotely, the defendant in the performance of the
  defendant's community service [work] and report on the defendant's
  community service [work] to the district probation department or
  court-related services office.
         (j)  A court may not order a defendant to perform more than 16
  hours per week of community service under Subsection (f) [of this
  article] unless the court determines that requiring the defendant
  to perform [work] additional hours does not impose an undue [work a]
  hardship on the defendant or the defendant's dependents.
         (l)  A sheriff, employee of a sheriff's department, county
  commissioner, county employee, county judge, an employee of a
  community corrections and supervision department, restitution
  center, or officer or employee of a political subdivision other
  than a county or an entity that accepts a defendant under this
  article to perform community service is not liable for damages
  arising from an act or failure to act in connection with manual
  labor performed by an inmate or community service performed by a
  defendant under [pursuant to] this article if the act or failure to
  act:
               (1)  was performed pursuant to confinement or other
  court order; and
               (2)  was not intentional, wilfully or wantonly
  negligent, or performed with conscious indifference or reckless
  disregard for the safety of others.
         SECTION 7.  Article 43.091, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 43.091.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
  CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A court may waive
  payment of all or part of a fine or costs [cost] imposed on a
  defendant [who defaults in payment] if the court determines that:
               (1)  the defendant is indigent or does not have
  sufficient resources or income to pay all or part of the fine or
  costs or was, at the time the offense was committed, a child as
  defined by Article 45.058(h); and
               (2)  each alternative method of discharging the fine or
  cost under Article 43.09 or 42.15 would impose an undue hardship on
  the defendant.
         SECTION 8.  Article 45.014, Code of Criminal Procedure, is
  amended by adding Subsections (e), (f), and (g) to read as follows:
         (e)  A justice or judge may not issue an arrest warrant for
  the defendant's failure to appear at the initial court setting,
  including failure to appear as required by a citation issued under
  Article 14.06(b), unless:
               (1)  the justice or judge provides by telephone or
  regular mail to the defendant notice that includes:
                     (A)  a date and time, occurring within the 30-day
  period following the date that notice is provided, when the
  defendant must appear before the justice or judge;
                     (B)  the name and address of the court with
  jurisdiction in the case;
                     (C)  information regarding alternatives to the
  full payment of any fine or costs owed by the defendant, if the
  defendant is unable to pay that amount; and
                     (D)  an explanation of the consequences if the
  defendant fails to appear before the justice or judge as required by
  this article; and
               (2)  the defendant fails to appear before the justice
  or judge as required by this article.
         (f)  A defendant who receives notice under Subsection (e) may
  request an alternative date or time to appear before the justice or
  judge if the defendant is unable to appear on the date and time
  included in the notice.
         (g)  A justice or judge shall recall an arrest warrant for
  the defendant's failure to appear if the defendant voluntarily
  appears and makes a good faith effort to resolve the arrest warrant
  before the warrant is executed.
         SECTION 9.  Article 45.016, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.016.  PERSONAL BOND; BAIL BOND. (a)  The justice or
  judge may require the defendant to give a personal bond [bail] to
  secure the defendant's appearance in accordance with this code.
         (b)  The justice or judge may not, either instead of or in
  addition to the personal bond, require a defendant to give a bail
  bond unless:
               (1)  the defendant fails to appear in accordance with
  this code with respect to the applicable offense; and
               (2)  the justice or judge determines that:
                     (A)  the defendant has sufficient resources or
  income to give a bail bond; and
                     (B)  a bail bond is necessary to secure the
  defendant's appearance in accordance with this code.
         (c)  If before the expiration of a 48-hour period following
  the issuance of the applicable order a defendant described by
  Subsections (b)(1) and (2) does not give a required bail bond, the
  justice or judge:
               (1)  shall reconsider the requirement for the defendant
  to give the bail bond and presume that the defendant does not have
  sufficient resources or income to give the bond; and
               (2)  may require the defendant to give a personal bond.
         (d)  If the defendant refuses to give a personal bond or,
  except as provided by Subsection (c), refuses or otherwise fails to
  give a bail bond, the defendant may be held in custody.
         SECTION 10.  Article 45.041, Code of Criminal Procedure, is
  amended by adding Subsection (a-1) and amending Subsection (b) to
  read as follows:
         (a-1)  Notwithstanding any other provision of this article,
  during or immediately after imposing a sentence in a case in which
  the defendant entered a plea in open court as provided by Article
  27.14(a) or 27.16(a), the justice or judge shall inquire whether
  the defendant has sufficient resources or income to immediately pay
  all or part of the fine and costs. If the justice or judge
  determines that the defendant does not have sufficient resources or
  income to immediately pay all or part of the fine and costs, the
  justice or judge shall determine whether the fine and costs should
  be:
               (1)  subject to Subsection (b-2), required to be paid
  at some later date or in a specified portion at designated
  intervals;
               (2)  discharged by performing community service under,
  as applicable, Article 45.049, Article 45.0492, as added by Chapter
  227 (H.B. 350), Acts of the 82nd Legislature, Regular Session,
  2011, or Article 45.0492, as added by Chapter 777 (H.B. 1964), Acts
  of the 82nd Legislature, Regular Session, 2011;
               (3)  waived in full or in part under Article 45.0491; or
               (4)  satisfied through any combination of methods under
  Subdivisions (1)-(3).
         (b)  Subject to Subsections (b-2) and (b-3) and Article
  45.0491, the justice or judge may direct the defendant:
               (1)  to pay:
                     (A)  the entire fine and costs when sentence is
  pronounced;
                     (B)  the entire fine and costs at some later date;
  or
                     (C)  a specified portion of the fine and costs at
  designated intervals;
               (2)  if applicable, to make restitution to any victim
  of the offense; and
               (3)  to satisfy any other sanction authorized by law.
         SECTION 11.  Article 45.0425(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  If the court from whose judgment and sentence the appeal
  is taken is in session, the court must approve the bail. The amount
  of an appeal [a bail] bond may not be less than two times the amount
  of the fine and costs adjudged against the defendant, payable to the
  State of Texas. The appeal bond [bail] may not in any case be for an
  amount [a sum] less than $50. If the appeal bond otherwise meets
  the requirements of this code, the court without requiring a court
  appearance by the defendant shall approve the appeal bond in the
  amount the court under Article 27.14(b) notified the defendant
  would be approved.
         SECTION 12.  Article 45.045, Code of Criminal Procedure, is
  amended by adding Subsections (a-2) and (a-3) to read as follows:
         (a-2)  The court may not issue a capias pro fine for the
  defendant's failure to satisfy the judgment according to its terms
  unless the court holds a hearing on the defendant's ability to
  satisfy the judgment and:
               (1)  the defendant fails to appear at the hearing; or
               (2)  based on evidence presented at the hearing, the
  court determines that the capias pro fine should be issued.
         (a-3)  The court shall recall a capias pro fine if, before
  the capias pro fine is executed:
               (1)  the defendant voluntarily appears to resolve the
  amount owed; and
               (2)  the amount owed is resolved in any manner
  authorized by this chapter.
         SECTION 13.  Article 45.046(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  When a judgment and sentence have been entered against a
  defendant and the defendant defaults in the discharge of the
  judgment, the judge may order the defendant confined in jail until
  discharged by law if the judge at a hearing makes a written
  determination that:
               (1)  the defendant is not indigent and has failed to
  make a good faith effort to discharge the fine or [and] costs; or
               (2)  the defendant is indigent and:
                     (A)  has failed to make a good faith effort to
  discharge the fine or [fines and] costs under Article 45.049; and
                     (B)  could have discharged the fine or [fines and]
  costs under Article 45.049 without experiencing any undue hardship.
         SECTION 14.  Article 45.048, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.048.  DISCHARGED FROM JAIL. (a)  A defendant placed
  in jail on account of failure to pay the fine and costs shall be
  discharged on habeas corpus by showing that the defendant:
               (1)  is too poor to pay the fine and costs; or
               (2)  has remained in jail a sufficient length of time to
  satisfy the fine and costs, at the rate of not less than $100 [$50]
  for each period [of time] served, as specified by the convicting
  court in the judgment in the case.
         (b)  A convicting court may specify a period [of time] that
  is not less than eight hours or more than 24 hours as the period for
  which a defendant who fails to pay the fine [fines] and costs in the
  case must remain in jail to satisfy $100 [$50] of the fine and
  costs.
         SECTION 15.  Article 45.049, Code of Criminal Procedure, is
  amended by amending Subsections (b), (c), (d), (e), (f), and (g) and
  adding Subsection (c-1) to read as follows:
         (b)  In the justice's or judge's order requiring a defendant
  to perform [participate in] community service [work] under this
  article, the justice or judge must specify:
               (1)  the number of hours of community service the
  defendant is required to perform; and
               (2)  the date by which the defendant must submit to the
  court documentation verifying the defendant's completion of the
  community service [work].
         (c)  The justice or judge may order the defendant to perform
  community service [work] under this article:
               (1)  by attending a work and job skills training
  program, a preparatory class for the high school equivalency
  examination administered under Section 7.111, Education Code, or
  similar activity; or
               (2)  [only] for:
                     (A)  a governmental entity;
                     (B)  [or] a nonprofit organization or another
  organization that provides services to the general public that
  enhance social welfare and the general well-being of the community,
  as determined by the justice or judge; or
                     (C)  an educational institution.
         (c-1)  An [A governmental] entity [or nonprofit
  organization] that accepts a defendant under this article to
  perform community service must agree to supervise, either on-site
  or remotely, the defendant in the performance of the defendant's
  community service [work] and report on the defendant's community
  service [work] to the justice or judge who ordered the [community]
  service.
         (d)  A justice or judge may not order a defendant to perform
  more than 16 hours per week of community service under this article
  unless the justice or judge determines that requiring the defendant
  to perform [work] additional hours does not impose an undue [work a]
  hardship on the defendant or the defendant's dependents.
         (e)  A defendant is considered to have discharged not less
  than $100 [$50] of fines or costs for each eight hours of community
  service performed under this article.
         (f)  A sheriff, employee of a sheriff's department, county
  commissioner, county employee, county judge, justice of the peace,
  municipal court judge, or officer or employee of a political
  subdivision other than a county or an entity that accepts a
  defendant under this article to perform community service is not
  liable for damages arising from an act or failure to act in
  connection with community service [manual labor] performed by a
  defendant under this article if the act or failure to act:
               (1)  was performed pursuant to court order; and
               (2)  was not intentional, wilfully or wantonly
  negligent, or performed with conscious indifference or reckless
  disregard for the safety of others.
         (g)  This subsection applies only to a defendant who is
  charged with a traffic offense or an offense under Section 106.05,
  Alcoholic Beverage Code, and is a resident of this state. If under
  Article 45.051(b)(10), Code of Criminal Procedure, the judge
  requires the defendant to perform community service as a condition
  of the deferral, the defendant is entitled to elect whether to
  perform the required [governmental entity or nonprofit
  organization community] service in:
               (1)  the county in which the court is located; or
               (2)  the county in which the defendant resides, but
  only if the applicable entity [or organization] agrees to:
                     (A)  supervise, either on-site or remotely, the
  defendant in the performance of the defendant's community service
  [work]; and
                     (B)  report to the court on the defendant's
  community service [work].
         SECTION 16.  Article 45.0491, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.0491.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
  CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. (a)  A municipal
  court, regardless of whether the court is a court of record, or a
  justice court may waive payment of all or part of a fine or costs
  imposed on a defendant [who defaults in payment] if the court
  determines that:
               (1)  the defendant is indigent or does not have
  sufficient resources or income to pay all or part of the fine or
  costs or was, at the time the offense was committed, a child as
  defined by Article 45.058(h); and
               (2)  discharging the fine or [and] costs under Article
  45.049 or as otherwise authorized by this chapter would impose an
  undue hardship on the defendant.
         (b)  A defendant is presumed to be indigent or to not have
  sufficient resources or income to pay all or part of the fine or
  costs if the defendant:
               (1)  is in the conservatorship of the Department of
  Family and Protective Services, or was in the conservatorship of
  that department at the time of the offense; or
               (2)  is designated as a homeless child or youth or an
  unaccompanied youth, as those terms are defined by 42 U.S.C.
  Section 11434a, or was so designated at the time of the offense.
         SECTION 17.  The heading to Article 45.0492, Code of
  Criminal Procedure, as added by Chapter 227 (H.B. 350), Acts of the
  82nd Legislature, Regular Session, 2011, is amended to read as
  follows:
         Art. 45.0492.  COMMUNITY SERVICE [OR TUTORING] IN
  SATISFACTION OF FINE OR COSTS FOR CERTAIN JUVENILE DEFENDANTS.
         SECTION 18.  Article 45.0492, Code of Criminal Procedure, as
  added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
  Regular Session, 2011, is amended by amending Subsections (b), (c),
  (d), (f), (g), and (h) and adding Subsection (d-1) to read as
  follows:
         (b)  A justice or judge may require a defendant described by
  Subsection (a) to discharge all or part of the fine or costs by
  performing community service [or attending a tutoring program that
  is satisfactory to the court].  A defendant may discharge an
  obligation to perform community service [or attend a tutoring
  program] under this article by paying at any time the fine and costs
  assessed.
         (c)  In the justice's or judge's order requiring a defendant
  to perform [participate in] community service [work or a tutoring
  program] under this article, the justice or judge must specify:
               (1)  the number of hours of community service the
  defendant is required to perform; and
               (2)  the date by which the defendant must submit to the
  court documentation verifying the defendant's completion of the
  community service [work or attend tutoring].
         (d)  The justice or judge may order the defendant to perform
  community service [work] under this article:
               (1)  by attending a tutoring program, work and job
  skills training program, preparatory class for the high school
  equivalency examination administered under Section 7.111,
  Education Code, or similar activity; or
               (2)  [only] for:
                     (A)  a governmental entity;
                     (B)  [or] a nonprofit organization or another
  organization that provides services to the general public that
  enhance social welfare and the general well-being of the community,
  as determined by the justice or judge; or
                     (C)  an educational institution.
         (d-1)  An [A governmental] entity [or nonprofit
  organization] that accepts a defendant under this article to
  perform community service must agree to supervise, either on-site
  or remotely, the defendant in the performance of the defendant's
  community service [work] and report on the defendant's community
  service [work] to the justice or judge who ordered the [community]
  service.
         (f)  A justice or judge may not order a defendant to perform
  more than 16 hours of community service per week [or attend more
  than 16 hours of tutoring per week] under this article unless the
  justice or judge determines that requiring the defendant to perform
  additional hours [of work or tutoring] does not impose an undue
  [cause a] hardship on the defendant or the defendant's family.  For
  purposes of this subsection, "family" has the meaning assigned by
  Section 71.003, Family Code.
         (g)  A defendant is considered to have discharged not less
  than $100 [$50] of fines or costs for each eight hours of community
  service performed [or tutoring program attended] under this
  article.
         (h)  A sheriff, employee of a sheriff's department, county
  commissioner, county employee, county judge, justice of the peace,
  municipal court judge, or officer or employee of a political
  subdivision other than a county or an entity that accepts a
  defendant under this article to perform community service[,
  nonprofit organization, or tutoring program] is not liable for
  damages arising from an act or failure to act in connection with
  community service [an activity] performed by a defendant under this
  article if the act or failure to act:
               (1)  was performed pursuant to court order; and
               (2)  was not intentional, grossly negligent, or
  performed with conscious indifference or reckless disregard for the
  safety of others.
         SECTION 19.  Article 45.0492, Code of Criminal Procedure, as
  added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
  Regular Session, 2011, is amended by amending Subsections (c), (d),
  (e), and (f) and adding Subsections (d-1) and (h) to read as
  follows:
         (c)  In the justice's or judge's order requiring a defendant
  to perform community service under this article, the justice or
  judge shall specify:
               (1)  the number of hours of community service the
  defendant is required to perform, [and may] not to exceed [order
  more than] 200 hours; and
               (2)  the date by which the defendant must submit to the
  court documentation verifying the defendant's completion of the
  community service.
         (d)  The justice or judge may order the defendant to perform
  community service [work] under this article:
               (1)  by attending a work and job skills training
  program, preparatory class for the high school equivalency
  examination administered under Section 7.111, Education Code, or
  similar activity; or
               (2)  [only] for:
                     (A)  a governmental entity;
                     (B)  [or] a nonprofit organization or another
  organization that provides services to the general public that
  enhance social welfare and the general well-being of the community,
  as determined by the justice or judge; or
                     (C)  an educational institution.
         (d-1)  An [A governmental] entity [or nonprofit
  organization] that accepts a defendant under this article to
  perform community service must agree to supervise, either on-site
  or remotely, the defendant in the performance of the defendant's
  community service [work] and report on the defendant's community
  service [work] to the justice or judge who ordered the [community]
  service.
         (e)  A justice or judge may not order a defendant to perform
  more than 16 hours of community service per week under this article
  unless the justice or judge determines that requiring the defendant
  to perform additional hours [of work] does not impose an undue
  [cause a] hardship on the defendant or the defendant's family. For
  purposes of this subsection, "family" has the meaning assigned by
  Section 71.003, Family Code.
         (f)  A sheriff, employee of a sheriff's department, county
  commissioner, county employee, county judge, justice of the peace,
  municipal court judge, or officer or employee of a political
  subdivision other than a county or an entity that accepts a
  defendant under this article to perform community service is not
  liable for damages arising from an act or failure to act in
  connection with community service performed by a defendant under
  this article if the act or failure to act:
               (1)  was performed pursuant to court order; and
               (2)  was not intentional, wilfully or wantonly
  negligent, or performed with conscious indifference or reckless
  disregard for the safety of others.
         (h)  A defendant is considered to have discharged not less
  than $100 of fines or costs for each eight hours of community
  service performed under this article.
         SECTION 20.  Article 45.051(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  On a plea of guilty or nolo contendere by a defendant or
  on a finding of guilt in a misdemeanor case punishable by fine only
  and payment of all court costs, the judge may defer further
  proceedings without entering an adjudication of guilt and place the
  defendant on probation for a period not to exceed 180 days. In
  issuing the order of deferral, the judge may impose a special
  expense fee on the defendant in an amount not to exceed the amount
  of the fine that could be imposed on the defendant as punishment for
  the offense. The special expense fee may be collected at any time
  before the date on which the period of probation ends. The judge
  may elect not to impose the special expense fee for good cause shown
  by the defendant. If the judge orders the collection of a special
  expense fee, the judge shall require that the amount of the special
  expense fee be credited toward the payment of the amount of the fine
  imposed by the judge. An order of deferral under this subsection
  terminates any liability under a [bail bond or an appearance] bond
  given for the charge.
         SECTION 21.  Article 45.0511(t), Code of Criminal Procedure,
  is amended to read as follows:
         (t)  An order of deferral under Subsection (c) terminates any
  liability under a [bail bond or appearance] bond given for the
  charge.
         SECTION 22.  Article 103.0031(j), Code of Criminal
  Procedure, is amended to read as follows:
         (j)  A communication to the accused person regarding the
  amount of payment that is acceptable to the court under the court's
  standard policy for resolution of a case must include:
               (1)  a notice of the person's right to enter a plea or go
  to trial on any offense charged; and
               (2)  a statement that, if the person is unable to pay
  the full amount of payment that is acceptable to the court, the
  person should contact the court regarding the alternatives to full
  payment that are available to resolve the case.
         SECTION 23.  Section 502.010, Transportation Code, is
  amended by amending Subsections (a) and (c) and adding Subsections
  (b-1), (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 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 the motor vehicle is no longer subject to refusal of
  registration because of notice received under Subsection (c).
         (c)  A county that has a contract under Subsection (b) shall
  notify the department regarding a person for whom the county
  assessor-collector or the department has refused to register a
  motor vehicle on:
               (1)  the person's payment or other means of discharge,
  including a waiver, of the past due fine, fee, or tax; or
               (2)  perfection of an appeal of the case contesting
  payment of the fine, fee, or tax.
         (i)  A municipal court judge or justice of the peace who has
  jurisdiction over the underlying offense may waive an additional
  fee imposed under Subsection (f) if the judge or justice makes a
  finding that the defendant is economically unable to pay the fee or
  that good cause exists for the waiver.
         (j)  If a county assessor-collector is notified that the
  court having jurisdiction over the underlying offense has waived
  the past due fine or fee due to the defendant's indigency, the
  county may not impose an additional fee on the defendant under
  Subsection (f).
         SECTION 24.  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 25.  Section 706.005, Transportation Code, is
  amended to read as follows:
         Sec. 706.005.  CLEARANCE NOTICE TO DEPARTMENT. (a)  A
  political subdivision shall immediately notify the department that
  there is no cause to continue to deny renewal of a person's driver's
  license based on the person's previous failure to appear or failure
  to pay or satisfy a judgment ordering the payment of a fine and cost
  in the manner ordered by the court in a matter involving an offense
  described by Section 706.002(a), on payment of a fee as provided by
  Section 706.006 and:
               (1)  the perfection of an appeal of the case for which
  the warrant of arrest was issued or judgment arose;
               (2)  the dismissal of the charge for which the warrant
  of arrest was issued or judgment arose, other than a dismissal with
  prejudice by motion of the appropriate prosecuting attorney for
  lack of evidence;
               (3)  the posting of bond or the giving of other security
  to reinstate the charge for which the warrant was issued;
               (4)  the payment or discharge of the fine and cost owed
  on an outstanding judgment of the court; or
               (5)  other suitable arrangement to pay the fine and
  cost within the court's discretion.
         (b)  The department may not continue to deny the renewal of
  the person's driver's license under this chapter after the
  department receives notice:
               (1)  under Subsection (a);
               (2)  that the person was acquitted of the charge on
  which the person failed to appear;
               (3)  that the charge on which the person failed to
  appear was dismissed with prejudice by motion of the appropriate
  prosecuting attorney for lack of evidence; or
               (4) [(3)]  from the political subdivision that the
  failure to appear report or court order to pay a fine or cost
  relating to the person:
                     (A)  was sent to the department in error; or
                     (B)  has been destroyed in accordance with the
  political subdivision's records retention policy.
         SECTION 26.  Section 706.006, Transportation Code, is
  amended by amending Subsections (a) and (b) and adding Subsections
  (a-1) and (d) to read as follows:
         (a)  Except as provided by Subsection (d), 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 each complaint or citation reported to the department
  under this chapter, unless:
               (1)  the person is acquitted of the charges for which
  the person failed to appear;
               (2)  the charges on which the person failed to appear
  were dismissed with prejudice by motion of the appropriate
  prosecuting attorney for lack of evidence;
               (3)  the failure to appear report was sent to the
  department in error; or
               (4)  the case regarding the complaint or citation is
  closed and the failure to appear report has been destroyed in
  accordance with the applicable political subdivision's records
  retention policy.
         (a-1)  A [The] person who is required to pay a fee under
  Subsection (a) shall pay the fee when:
               (1)  the court enters judgment on the underlying
  offense reported to the department;
               (2)  the underlying offense is dismissed, other than a
  dismissal described by Subsection (a)(2); or
               (3)  bond or other security is posted to reinstate the
  charge for which the warrant was issued.
         (b)  Except as provided by Subsection (d), 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.
         (d)  If the court having jurisdiction over the underlying
  offense makes a finding that the person is indigent, the person may
  not be required to pay an administrative fee under this section.  
  For purposes of this subsection, a person is presumed to be indigent
  if the person:
               (1)  is required to attend school full time under
  Section 25.085, Education Code;
               (2)  is a member of a household with a total annual
  income that is below 125 percent of the applicable income level
  established by the federal poverty guidelines; or
               (3)  receives assistance from:
                     (A)  the financial assistance program established
  under Chapter 31, Human Resources Code;
                     (B)  the medical assistance program under Chapter
  32, Human Resources Code;
                     (C)  the supplemental nutrition assistance
  program established under Chapter 33, Human Resources Code;
                     (D)  the federal special supplemental nutrition
  program for women, infants, and children authorized by 42 U.S.C.
  Section 1786; or
                     (E)  the child health plan program under Chapter
  62, Health and Safety Code.
         SECTION 27.  Article 45.0492(e), Code of Criminal Procedure,
  as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
  Regular Session, 2011, is repealed.
         SECTION 28.  The changes in law made by this Act to Articles
  14.06 and 27.14, Code of Criminal Procedure, and Section 502.010
  and Chapter 706, Transportation Code, apply only to an offense
  committed on or after the effective date of this Act. An offense
  committed before the effective date of this Act is governed by the
  law in effect on the date the offense was committed, and the former
  law is continued in effect for that purpose. For purposes of this
  section, an offense was committed before the effective date of this
  Act if any element of the offense occurred before that date.
         SECTION 29.  The changes in law made by this Act to Articles
  42.15, 43.09, 43.091, 45.014, 45.041, 45.046, 45.049, and 45.0491,
  Code of Criminal Procedure, and Articles 45.0492, Code of Criminal
  Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
  Legislature, Regular Session, 2011, and 45.0492, Code of Criminal
  Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
  Legislature, Regular Session, 2011, apply to a sentencing
  proceeding that commences before, on, or after the effective date
  of this Act.
         SECTION 30.  The change in law made by this Act to Articles
  43.05 and 45.045, Code of Criminal Procedure, applies only to a
  capias pro fine issued on or after the effective date of this Act. A
  capias pro fine issued before the effective date of this Act is
  governed by the law in effect on the date the capias pro fine was
  issued, and the former law is continued in effect for that purpose.
         SECTION 31.  The changes in law made by this Act to Articles
  45.016, 45.051, and 45.0511, Code of Criminal Procedure, apply only
  to a bond executed on or after the effective date of this Act. A
  bond executed before the effective date of this Act is governed by
  the law in effect when the bond was executed, and the former law is
  continued in effect for that purpose.
         SECTION 32.  The change in law made by this Act to Article
  45.048, Code of Criminal Procedure, applies to a defendant who is
  placed in jail on or after the effective date of this Act for
  failure to pay the fine and costs imposed on conviction of an
  offense, regardless of whether the offense for which the defendant
  was convicted was committed before, on, or after the effective date
  of this Act.
         SECTION 33.  This Act takes effect September 1, 2017.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1913 passed the Senate on
  May 3, 2017, by the following vote:  Yeas 25, Nays 6;
  May 25, 2017, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 26, 2017, House
  granted request of the Senate; May 28, 2017, Senate adopted
  Conference Committee Report by the following vote:  Yeas 26,
  Nays 5.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1913 passed the House, with
  amendments, on May 23, 2017, by the following vote:  Yeas 75,
  Nays 70, two present not voting; May 26, 2017, House granted
  request of the Senate for appointment of Conference Committee;
  May 28, 2017, House adopted Conference Committee Report by the
  following vote:  Yeas 77, Nays 70, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor