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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the imposition of court costs and |
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filing or other fees on certain indigent defendants and plaintiffs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 2, Government Code, is amended |
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by adding Chapter 104 to read as follows: |
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CHAPTER 104. COURT COSTS AND FILING AND OTHER FEES IN CIVIL AND |
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CRIMINAL PROCEEDINGS |
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Sec. 104.001. WAIVING COURT COSTS AND FILING AND OTHER FEES |
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FOR INDIGENTS. (a) In this section, "indigent" means an individual |
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whose household income is at or below 125 percent of the federal |
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poverty guidelines as determined by the United States Department of |
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Health and Human Services. |
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(b) Notwithstanding Section 101.001, 102.001, 103.001, or |
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any other law, a judge or justice of the supreme court, the court of |
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criminal appeals, a court of appeals, a district court, a criminal |
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district court, a constitutional county court, a statutory county |
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court, a justice court, or a municipal court, in a civil or criminal |
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proceeding before the court, who finds that the defendant or |
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plaintiff in the proceeding is indigent shall waive all court |
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costs, including costs on conviction, and all filing fees and other |
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fees imposed by law on the indigent defendant or plaintiff. |
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(c) This section does not apply to a proceeding filed by the |
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state's Title IV-D agency for an individual to whom the agency is |
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providing services authorized under Chapter 231, Family Code. |
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SECTION 2. Chapter 104, Government Code, as added by this |
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Act, applies only to court costs and filing and other fees imposed |
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in a civil or criminal proceeding commenced on or after the |
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effective date of this Act. Court costs and filing and other fees |
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imposed in a civil or criminal proceeding commenced before the |
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effective date of this Act are governed by the law in effect on the |
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date the proceeding was commenced, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |