By: Zaffirini S.B. No. 1373
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the imposition and collection of fines, fees, and court
  costs in criminal cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 43.015(3), Code of Criminal Procedure,
  is amended to read as follows:
               (3)  "Cost" includes any fee, including any
  reimbursement fee, imposed on a defendant by the court [at the time
  a judgment is entered].
         SECTION 2.  Article 45.004, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.004.  GENERAL DEFINITION. Unless the context
  clearly indicates otherwise, in [In] this chapter, "cost" includes
  any fee, including any reimbursement fee, imposed on a defendant by
  the justice or judge [at the time a judgment is entered].
         SECTION 3.  Article 103.0081, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 103.0081.  UNCOLLECTIBLE FINES AND FEES. (a) Any
  officer authorized by this chapter to collect a fine, fee,
  including any reimbursement fee, or item of cost may request the
  trial court in which a criminal action or proceeding was held to
  make a finding that a fine, fee, including any reimbursement fee, or
  item of cost imposed in the action or proceeding is uncollectible if
  the officer believes:
               (1)  the defendant is deceased;
               (2)  the defendant is serving a sentence for
  imprisonment for life or life without parole; or
               (3)  the fine, fee, including any reimbursement fee, or
  item of cost has been unpaid for at least 15 years.
         (b)  On a finding by a court that any condition described by
  Subsection (a) [Subsections (a)(1)-(3)] is true, the court may
  order the officer to designate the fine, fee, including any
  reimbursement fee, or item of cost as uncollectible in the fee
  record. The officer shall attach a copy of the court's order to the
  fee record.
         SECTION 4.  Article 42.15(a-1), Code of Criminal Procedure,
  is amended 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 on the record
  whether the defendant has sufficient resources or income to
  immediately pay all or part of the fine and costs, the court shall
  determine whether the fines and costs should be:
         (1)  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).
         SECTION 5.  The changes in law made by this Act apply to a
  fine, fee, or cost imposed before, on, or after the effective date
  of this Act.
         SECTION 6.  This Act takes effect September 1, 2021.