85R5360 KJE-F

By: Zaffirini S.B. No. 1913

A BILL TO BE ENTITLED

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 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, a court may impose a fine and costs only if the court makes a written determination that the defendant has sufficient resources or income to pay all or part of the fine and costs. In making that determination, the court shall consider the defendant's financial history and any other information relevant to the defendant's ability to pay, including whether the defendant:

(1) is a full-time student;

(2) is a member of a household with a total annual income that is:

(A) at or below the applicable income level established by the federal poverty guidelines; or

(B) below the state or local median household income; or

(3) receives financial assistance from any federal, state, or local assistance program.

(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 makes a written determination that:

(A) the defendant is not indigent and has failed to make a good faith effort to discharge the fine or costs; or

(B) the defendant is indigent and:

(i) has failed to make a good faith effort to discharge the fine or costs under Article 43.09(f); and

(ii) could have discharged the fine or costs under Article 43.09(f) without experiencing any undue hardship.

(a-2) The court shall recall a capias pro fine if, before the capias pro fine is executed, the defendant voluntarily appears to resolve the amount owed.

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.

(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;

(C) a religious organization;

(D) a neighborhood association or group; or

(E) 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 INDIGENT DEFENDANTS AND CHILDREN. A court may waive payment of a fine or cost imposed on a defendant [who defaults in payment] if the court determines that:

(1) the defendant is indigent 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, 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 certified mail to the defendant notice that includes:

(A) at least two dates and times, occurring within the 30-day period following the date that notice is provided, when the defendant may 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 within the period described by Paragraph (A); and

(2) the defendant fails to appear before the justice or judge on or before the 30th day after the date that notice is provided under Subdivision (1).

(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 a date and at a time provided 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 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 PROHIBITED. (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, as defined by Article 17.02, or require a surety or other security.

(c) If the defendant refuses [fails] to give a personal bond [bail], the defendant may be held in custody.

SECTION 10. Article 45.019(a), Code of Criminal Procedure, is amended to read as follows:

(a) A complaint is sufficient, without regard to its form, if it substantially satisfies the following requisites:

(1) it must be in writing;

(2) it must commence "In the name and by the authority of the State of Texas";

(3) it must state the name of the accused, if known, or if unknown, must include a reasonably definite description of the accused;

(4) it must show that the accused has committed an offense against the law of this state, or state that the affiant has good reason to believe and does believe that the accused has committed an offense against the law of this state;

(5) it must state the date the offense was committed as definitely as the affiant is able to provide;

(6) it must contain information regarding the alternatives to the full payment of any fine or costs assessed against the accused, if the accused is convicted of the offense and is unable to pay that amount;

(7) it must bear the signature or mark of the affiant; and

(8) [(7)] it must conclude with the words "Against the peace and dignity of the State" and, if the offense charged is an offense only under a municipal ordinance, it may also conclude with the words "Contrary to the said ordinance".

SECTION 11. 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, the justice or judge may impose a fine and costs only if the justice or judge makes a written determination that the defendant has sufficient resources or income to pay all or part of the fine and costs. In making that determination, the justice or judge shall consider the defendant's financial history and any other information relevant to the defendant's ability to pay, including whether the defendant:

(1) is a full-time student;

(2) is a member of a household with a total annual income that is:

(A) at or below the applicable income level established by the federal poverty guidelines; or

(B) below the state or local median household income; or

(3) receives financial assistance from any federal, state, or local assistance program.

(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 12. 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 13. 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 makes a written determination that:

(A) the defendant is not indigent and has failed to make a good faith effort to discharge the fine or costs; or

(B) the defendant is indigent and:

(i) has failed to make a good faith effort to discharge the fine or costs under Article 45.049; and

(ii) could have discharged the fine or costs under Article 45.049 without experiencing any undue hardship.

(a-3) The court shall recall a capias pro fine if, before the capias pro fine is executed, the defendant voluntarily appears to resolve the amount owed.

SECTION 14. 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 15. 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 16. 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 the number of hours of community service the defendant is required to perform [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;

(C) a religious organization;

(D) a neighborhood association or group; or

(E) 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 17. Article 45.0491, Code of Criminal Procedure, is amended to read as follows:

Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR INDIGENT DEFENDANTS AND FOR CHILDREN. A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of a fine or costs imposed on a defendant [who defaults in payment] if the court determines that:

(1) the defendant is indigent or was, at the time the offense was committed, a child as defined by Article 45.058(h); and

(2) discharging the fine and costs under Article 45.049 or as otherwise authorized by this chapter would impose an undue hardship on the defendant.

SECTION 18. 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 19. 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 the number of hours of community service the defendant is required to perform [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;

(C) a religious organization;

(D) a neighborhood association or group; or

(E) 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 20. 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 (d), (e), and (f) and adding Subsections (d-1) and (h) to read as follows:

(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;

(C) a religious organization;

(D) a neighborhood association or group; or

(E) 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 21. 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 personal [bail bond or an appearance] bond given for the charge.

SECTION 22. 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 personal [bail bond or appearance] bond given for the charge.

SECTION 23. Articles 103.0031(a), (b), (d), (f), (g), and (j), Code of Criminal Procedure, are amended to read as follows:

(a) The commissioners court of a county or the governing body of a municipality may enter into a contract with a private attorney or a public or private vendor for the provision of collection services for one or more of the following items:

(1) debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by:

(A) a court serving the county or a court serving the municipality, as applicable; or

(B) a hearing officer serving the municipality under Chapter 682, Transportation Code; and

(2) [amounts in cases in which the accused has failed to appear:

[(A) as promised under Subchapter A, Chapter 543, Transportation Code, or other law;

[(B) in compliance with a lawful written notice to appear issued under Article 14.06(b) or other law;

[(C) in compliance with a lawful summons issued under Article 15.03(b) or other law;

[(D) in compliance with a lawful order of a court serving the county or municipality; or

[(E) as specified in a citation, summons, or other notice authorized by Section 682.002, Transportation Code, that charges the accused with a parking or stopping offense; and

[(3)] false alarm penalties or fees imposed by a county under Chapter 118 or 233, Local Government Code, or by a municipality under a municipal ordinance.

(b) A commissioners court or governing body of a municipality that enters into a contract with a private attorney or private vendor under this article may authorize the addition of a collection fee in the amount of 15 [30] percent on each item described in Subsection (a) that is more than 60 days past due and has been referred to the attorney or vendor for collection. The collection fee does not apply to a case that has been dismissed by a court of competent jurisdiction or to any amount that has been satisfied through time-served credit or community service. The collection fee may be applied to any balance remaining after a partial credit for time served or community service if the balance is more than 60 days past due. Unless the contract provides otherwise, the court shall calculate the amount of any collection fee due to the governmental entity or to the private attorney or private vendor performing the collection services and shall receive all fees, including the collection fee. [With respect to cases described by Subsection (a)(2), the amount to which the 30 percent collection fee applies is:

[(1) the amount to be paid that is communicated to the accused as acceptable to the court under its standard policy for resolution of the case, if the accused voluntarily agrees to pay that amount; or

[(2) the amount ordered paid by the court after plea or trial.]

(d) A county or municipality may not enter into a contract under Subsection (a) for the provision of collection services in cases in which [defendant is not liable for the collection fees authorized under Subsection (b) if] the court with [of original] jurisdiction over the case has determined the defendant is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the applicable amount owed [underlying fine or costs].

(f) An item subject to collection services under Subsection (a) and to the additional collection fee authorized by Subsection (b) is considered more than 60 days past due under Subsection (b) if it remains unpaid on the 61st day after the following appropriate date:

(1) with respect to an item described by Subsection (a)(1), the date on which the debt, fine, fee, forfeited bond, or court cost must be paid in full as determined by the court or hearing officer; or

(2) with respect to an item described by Subsection (a)(2), [the date by which the accused promised to appear or was notified, summoned, or ordered to appear; or

[(3) with respect to an item described by Subsection (a)(3),] the date on which a penalty or fee is due under a rule or order adopted under Chapter 233, Local Government Code, or an ordinance, policy, procedure, or rule of a municipality.

(g) A county or municipality that enters into a contract under Subsection (a) may not use the additional 15 [30] percent collection fee authorized by Subsection (b) for any purpose other than compensating the private attorney or private vendor who earns the fee.

(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) 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.

SECTION 24. Section 102.0212, Government Code, is amended to read as follows:

Sec. 102.0212. COURT COSTS ON CONVICTION: LOCAL GOVERNMENT CODE. A person convicted of an offense shall pay the following under the Local Government Code, in addition to all other costs:

(1) court costs on conviction of a felony (Sec. 133.102, Local Government Code) . . . $133;

(2) court costs on conviction of a Class A or Class B misdemeanor (Sec. 133.102, Local Government Code) . . . $83;

(3) court costs on conviction of a nonjailable misdemeanor offense, including a criminal violation of a municipal ordinance, other than a conviction of an offense relating to a pedestrian or the parking of a motor vehicle (Sec. 133.102, Local Government Code) . . . $40;

(4) [a time payment fee if convicted of a felony or misdemeanor for paying any part of a fine, court costs, or restitution on or after the 31st day after the date on which a judgment is entered assessing the fine, court costs, or restitution (Sec. 133.103, Local Government Code) . . . $25;

[(5)] a cost on conviction of any offense, other than an offense relating to a pedestrian or the parking of a motor vehicle (Sec. 133.105, Local Government Code) . . . $6; and

(5) [(6)] a cost on conviction of any offense, other than an offense relating to a pedestrian or the parking of a motor vehicle (Sec. 133.107, Local Government Code) . . . $2.

SECTION 25. Section 103.021, Government Code, is amended to read as follows:

Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the court or otherwise required:

(1) a personal bond fee (Art. 17.42, Code of Criminal Procedure) . . . the greater of $20 or three percent of the amount of the bail fixed for the accused;

(2) cost of electronic monitoring as a condition of release on personal bond (Art. 17.43, Code of Criminal Procedure) . . . actual cost;

(3) a fee for verification of and monitoring of motor vehicle ignition interlock (Art. 17.441, Code of Criminal Procedure) . . . not to exceed $10;

(3-a) costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, subject to a determination of indigency;

(3-b) costs associated with providing a defendant's victim with an electronic receptor device as a condition of the defendant's release on bond (Art. 17.49(b)(3), Code of Criminal Procedure) . . . actual costs, subject to a determination of indigency;

(4) repayment of reward paid by a crime stoppers organization on conviction of a felony (Art. 37.073, Code of Criminal Procedure) . . . amount ordered;

(5) reimbursement to general revenue fund for payments made to victim of an offense as condition of community supervision (Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50 for a misdemeanor offense or $100 for a felony offense;

(6) payment to a crime stoppers organization as condition of community supervision (Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50;

(7) children's advocacy center fee (Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50;

(8) family violence center fee (Chapter 42A, Code of Criminal Procedure) . . . $100;

(9) community supervision fee (Chapter 42A, Code of Criminal Procedure) . . . not less than $25 or more than $60 per month;

(10) additional community supervision fee for certain offenses (Chapter 42A, Code of Criminal Procedure) . . . $5 per month;

(11) for certain financially able sex offenders as a condition of community supervision, the costs of treatment, specialized supervision, or rehabilitation (Chapter 42A, Code of Criminal Procedure) . . . all or part of the reasonable and necessary costs of the treatment, supervision, or rehabilitation as determined by the judge;

(12) fee for failure to appear for trial in a justice or municipal court if a jury trial is not waived (Art. 45.026, Code of Criminal Procedure) . . . costs incurred for impaneling the jury;

(13) costs of certain testing, assessments, or programs during a deferral period (Art. 45.051, Code of Criminal Procedure) . . . amount ordered;

(14) special expense on dismissal of certain misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) . . . not to exceed amount of fine assessed;

(15) an additional fee:

(A) for a copy of the defendant's driving record to be requested from the Department of Public Safety by the judge (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal to the sum of the fee established by Section 521.048, Transportation Code, and the state electronic Internet portal fee;

(B) as an administrative fee for requesting a driving safety course or a course under the motorcycle operator training and safety program for certain traffic offenses to cover the cost of administering the article (Art. 45.0511(f)(1), Code of Criminal Procedure) . . . not to exceed $10; or

(C) for requesting a driving safety course or a course under the motorcycle operator training and safety program before the final disposition of the case (Art. 45.0511(f)(2), Code of Criminal Procedure) . . . not to exceed the maximum amount of the fine for the offense committed by the defendant;

(16) a request fee for teen court program (Art. 45.052, Code of Criminal Procedure) . . . $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise not to exceed $10;

(17) a fee to cover costs of required duties of teen court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise $10;

(18) a mileage fee for officer performing certain services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per mile;

(19) certified mailing of notice of hearing date (Art. 102.006, Code of Criminal Procedure) . . . $1, plus postage;

(20) certified mailing of certified copies of an order of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, plus postage;

(20-a) a fee to defray the cost of notifying state agencies of orders of expungement (Art. 45.0216, Code of Criminal Procedure) . . . $30 per application;

(21) sight orders:

(A) if the face amount of the check or sight order does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $10;

(B) if the face amount of the check or sight order is greater than $10 but does not exceed $100 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $15;

(C) if the face amount of the check or sight order is greater than $100 but does not exceed $300 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $30;

(D) if the face amount of the check or sight order is greater than $300 but does not exceed $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $50; and

(E) if the face amount of the check or sight order is greater than $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $75;

(22) fees for a pretrial intervention program:

(A) a supervision fee (Art. 102.012(a), Code of Criminal Procedure) . . . $60 a month plus expenses; and

(B) a district attorney, criminal district attorney, or county attorney administrative fee (Art. 102.0121, Code of Criminal Procedure) . . . not to exceed $500;

(23) parking fee violations for child safety fund in municipalities with populations:

(A) greater than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not less than $2 and not to exceed $5; and

(B) less than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not to exceed $5;

(24) [an administrative fee for collection of fines, fees, restitution, or other costs (Art. 102.072, Code of Criminal Procedure) . . . not to exceed $2 for each transaction;

[(25)] a collection fee, if authorized by the commissioners court of a county or the governing body of a municipality, for certain debts and accounts receivable, including unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 15 [30] percent of an amount more than 60 days past due; and

(25) [(26)] a cost on conviction for the truancy prevention and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . $2.

SECTION 26. Section 133.003, Local Government Code, is amended to read as follows:

Sec. 133.003. CRIMINAL FEES. This chapter applies to the following criminal fees:

(1) the consolidated fee imposed under Section 133.102;

(2) [the time payment fee imposed under Section 133.103;

[(3)] fees for services of peace officers employed by the state imposed under Article 102.011, Code of Criminal Procedure, and forwarded to the comptroller as provided by Section 133.104;

(3) [(4)] costs on conviction imposed in certain statutory county courts under Section 51.702, Government Code, and deposited in the judicial fund;

(4) [(5)] costs on conviction imposed in certain county courts under Section 51.703, Government Code, and deposited in the judicial fund;

(5) [(6)] the administrative fee for failure to appear or failure to pay or satisfy a judgment imposed under Section 706.006, Transportation Code;

(6) [(7)] fines on conviction imposed under Section 621.506(g), Transportation Code;

(7) [(8)] the fee imposed under Article 102.0045, Code of Criminal Procedure;

(8) [(9)] the cost on conviction imposed under Section 133.105 and deposited in the judicial fund; and

(9) [(10)] the cost on conviction imposed under Section 133.107.

SECTION 27. Section 502.010, Transportation Code, is amended by amending Subsection (a) 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).

(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 any court having jurisdiction over an offense with respect to which a fine or fee was imposed makes a finding that the defendant is economically unable to pay the fine or fee:

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

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

SECTION 28. 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 29. Section 521.242(a), Transportation Code, is amended to read as follows:

(a) A person whose license has been suspended for a cause other than a physical or mental disability or impairment or a conviction of an offense under Sections 49.04-49.08, Penal Code, may apply for an occupational license by filing a verified petition with the clerk of a municipal, justice, county, or district court with jurisdiction that includes the precinct or county in which:

(1) the person resides; or

(2) the offense occurred for which the license was suspended.

SECTION 30. Chapter 706, Transportation Code, is amended by adding Section 706.0011 to read as follows:

Sec. 706.0011. FINDING BY COURT OF INABILITY TO PAY. If the court having jurisdiction over an offense for which a fine and cost were imposed makes a finding that the defendant is economically unable to pay the fine and cost:

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

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

SECTION 31. Section 706.004, Transportation Code, is amended by adding Subsection (c) to read as follows:

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

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

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

SECTION 32. 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;

[(3)] the posting of bond or the giving of other security to reinstate the charge for which the warrant was issued;

(3) [(4)] the payment or discharge of the fine and cost owed on an outstanding judgment of the court; or

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

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

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

(2) [the underlying offense is dismissed; or

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

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

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

(1) the date the fee is paid; or

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

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

(e) A municipal court judge or justice of the peace who has jurisdiction over the underlying offense may waive an administrative fee required by this section if the judge or justice makes a finding that the person is economically unable to pay the fee or that good cause exists for the waiver.

SECTION 34. Section 708.152(b), Transportation Code, is amended to read as follows:

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

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

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

SECTION 35. Section 708.154(c), Transportation Code, is amended to read as follows:

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

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

(2) the second anniversary of the date of suspension, whichever date is earlier.

SECTION 36. Section 708.158, Transportation Code, is amended to read as follows:

Sec. 708.158. INDIGENT STATUS AND REDUCTION OF SURCHARGES. (a) If the court having jurisdiction over an offense with respect to which a fine and cost were imposed makes a finding that the person is economically unable to pay the fine and cost, the [The] department shall waive all surcharges assessed under this chapter for the [a] person [who is indigent. For the purposes of this section, a person is considered to be indigent if the person provides the evidence described by Subsection (b) to the court].

(b) A person must provide information to the court in which the person is convicted of the offense that is the basis for the surcharge to establish that the person is economically unable to pay the fine and cost [indigent]. The following documentation may be used as proof:

(1) a copy of the person's most recent federal income tax return that shows that the person's income or the person's household income does not exceed 125 percent of the applicable income level established by the federal poverty guidelines;

(2) a copy of the person's most recent statement of wages that shows that the person's income or the person's household income does not exceed 125 percent of the applicable income level established by the federal poverty guidelines; or

(3) documentation from a federal agency, state agency, or school district that indicates that the person or, if the person is a dependent as defined by Section 152, Internal Revenue Code of 1986, the taxpayer claiming the person as a dependent, receives assistance from:

(A) the food stamp program or the financial assistance program established under Chapter 31, Human Resources Code;

(B) the federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786;

(C) the medical assistance program under Chapter 32, Human Resources Code;

(D) the child health plan program under Chapter 62, Health and Safety Code; or

(E) the national free or reduced-price lunch program established under 42 U.S.C. Section 1751 et seq.

(c) Not later than the fifth day after the date the court receives information described by Subsection (b) establishing that a person is economically unable to pay a fine or cost, the court shall notify the department of the court's finding under this section.

SECTION 37. The following provisions are repealed:

(1) Articles 45.044 and 102.072, Code of Criminal Procedure;

(2) Article 45.0492(e), Code of Criminal Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011; and

(3) Section 133.103, Local Government Code.

SECTION 38. The changes in law made by this Act to Articles 14.06, 27.14, and 45.019, Code of Criminal Procedure, and Sections 502.010 and 708.158 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 39. 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 40. 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 41. 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 42. The repeal by this Act of Article 45.044, Code of Criminal Procedure, does not apply to a cash bond posted by a defendant before the effective date of this Act. A cash bond posted by a defendant before the effective date of this Act is governed by the law as it existed on the date the bond was posted, and the former law is continued in effect for that purpose.

SECTION 43. 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 of which the defendant was convicted was committed before, on, or after the effective date of this Act.

SECTION 44. The repeal by this Act of Article 102.072, Code of Criminal Procedure, applies only to a transaction that occurs on or after the effective date of this Act. A transaction that occurs before the effective date of this Act is governed by the law in effect on the date the transaction occurred, and the former law is continued in effect for that purpose.

SECTION 45. The change in law made by this Act in amending Article 103.0031, Code of Criminal Procedure, does not affect the terms of a contract entered into before the effective date of this Act, except that if the contract is renewed, modified, or extended on or after the effective date of this Act, Article 103.0031 applies to the contract beginning on the date of renewal, modification, or extension.

SECTION 46. The repeal by this Act of Section 133.103, Local Government Code, does not apply to an offense committed before the effective date of this Act. An offense committed before the effective date of this Act is governed by the law as it existed 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 47. This Act takes effect September 1, 2017.