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A BILL TO BE ENTITLED
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AN ACT
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relating to collection of certain fines assessed for traffic |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 45A, Code of Criminal Procedure, is |
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amended by adding Subchapter L to read as follows: |
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SUBCHAPTER L. TRAFFIC FINE PROGRAMS OF JUSTICE AND MUNICIPAL COURTS |
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Art. 45A.551. GENERAL PROVISIONS FOR THE AMNESTY PROGRAM |
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FOR TRAFFIC FINES UNDER JUSTICE AND MUNICIPAL COURTS. (a) A notice |
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to appear issued for a traffic offense, including an offense under |
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Section 521.457, Transportation Code, must inform the defendant |
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charged with the offense that: |
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(1) the person may be eligible for a reduction of the |
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amount of the person's unpaid fines for traffic offenses under a |
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program available under this subchapter; and |
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(2) if the notice to appear is issued for an offense |
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under Section 521.457, Transportation Code, and the person's |
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license was suspended because of nonpayment of fines for traffic |
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offenses, the person may be eligible for an AMNESTY PROGRAM |
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established under this subchapter to address the previous unpaid |
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fines. |
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(b) Each justice and municipal court shall, on the court's |
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publicly accessible Internet website: |
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(1) post information about the programs available |
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under this subchapter; and |
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(2) post a statement that individuals who have a |
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suspended license due to unpaid fines for traffic offenses may be |
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eligible for the programs established under this subchapter. |
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(c) Each justice and municipal court may provide a written |
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notification by mail to a person who is issued a notice to appear |
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for a violation of Section 521.457, Transportation Code, that |
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notifies the person that if the person's license was suspended |
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because of nonpayment of fines for traffic offenses, the person may |
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be eligible for a program under this subchapter to address those |
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previous unpaid fines. |
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(d) The Office of Court Administration of the Texas Judicial |
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System shall adopt the forms necessary for each program under this |
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subchapter. |
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Art. 45A.552. AMNESTY PROGRAM. (a) This article applies |
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only to a fine for a traffic offense that: |
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(1) was issued before September 1, 2023; and |
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(2) remains unpaid on or after September 1, 2025 |
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(b) Each justice and municipal court shall establish an |
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amnesty program available to any person who owes a total of more |
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than $200 of unpaid fines described by Subsection (a) and applies to |
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participate in the program. The program must allow a person to |
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apply for participation in the program on the Internet, by |
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telephone, in-person or by mail. |
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(c) Except as otherwise provided by this subsection, a |
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justice or municipal court shall charge a $100 administrative fee |
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for participation in the program. The administrative fee must be |
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credited toward the amount of the person's unpaid fines described |
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by Subsection (a). The court may reduce the amount of the |
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administrative fee or waive the fee if the court determines a person |
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is indigent. |
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(d) The justice or municipal court shall allow a person who |
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participates in an amnesty program under this article and has three |
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or more unpaid fines described by Subsection (a) to pay the reduced |
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fines over a period of not less than 12 months beginning on the date |
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the fines are reduced under this article. |
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(e) A fine collected under this article shall be deposited |
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in the same manner as the original fine. |
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(f) A person may no longer participate in an amnesty program |
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under this article if the person enters into a payment plan with the |
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justice or municipal court and misses two or more consecutive |
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payments in the plan unless: |
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(1) the person contacts the court and requests to |
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remain enrolled in the program; and |
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(2) the justice or municipal court authorizes the |
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person's continued participation. |
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(g) The justice or municipal court shall notify the |
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Department of Public Safety on a person's successful completion of |
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the amnesty program. |
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(h) An applicant who is approved to participate in the |
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Amnesty Program would be credited for any amount previously paid |
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toward an eligible outstanding fine. |
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(i) The driver's license suspension of a person who is |
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successfully enrolled in the Amnesty Program would be temporarily |
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lifted, including payment of the $100 fee, unless the payment is |
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waived by the court. The drivers license suspension would be |
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permanently waived for eligible fines when all payments under the |
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program have been paid. The suspensions would be reinstated if the |
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program is not completed within the appropriate or specified |
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timelines. |
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(j) A person who applies for the Amnesty Program and has |
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fines totaling less than $200 may be allowed by the court a period |
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up to six months to complete payment of the unpaid eligible fines. |
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(k) This article expires December 31, 2026. |
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Art. 45A.553. INDIGENCY PROGRAM. (a) This article applies |
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only to a fine for a traffic offense that remains unpaid on or after |
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the second anniversary of the date of issuance. |
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(b) Each justice and municipal court shall establish an |
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indigency program through which the justice or municipal court |
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shall reduce all fines described by Subsection (a), or penalties |
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for nonpayment of such fines, if a person who owes a fine described |
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by Subsection (a) establishes that the person is indigent. The |
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program must allow a person to apply for participation in the |
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program on the Internet, in person, or by mail or telephone. |
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(c) A justice or municipal court may charge an |
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administrative fee not to exceed $100 for participation in the |
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program. The administrative fee must be credited toward the amount |
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of an unpaid fine described by Subsection (a). |
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(d) For a person who applies to an indigency program under |
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this article, a justice or municipal court shall reduce the total |
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amount of the person's unpaid fines owed to the lesser of: |
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(1) an amount that does not exceed $150 total for two |
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or fewer unpaid fines; |
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(2) an amount that does not exceed $75 per fine or $300 |
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total for three or more unpaid fines; or |
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(3) an amount determined by the court under Article |
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45A.258, not to exceed $300. |
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(e) To establish indigency for purposes of Subsection (b), a |
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person must provide to the justice or municipal court: |
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(1) documentation described by Section 709.001(d), |
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Transportation Code; or |
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(2) a sworn affidavit confirming that the person's |
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income or the person's household income does not exceed 200 percent |
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of the applicable income level established by the federal poverty |
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guidelines. |
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(f) A fine collected under this article shall be deposited |
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in the same manner as the original fine. |
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(g) A person may no longer participate in an indigency |
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program under this article if the person enters into a payment plan |
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with the justice or municipal court and misses two or more |
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consecutive payments in the plan unless: |
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(1) the person contacts the court and requests to |
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remain enrolled in the program; and |
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(2) the justice or municipal court authorizes the |
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person's continued participation. |
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(h) The justice or municipal court shall notify the |
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Department of Public Safety on a person's successful completion of |
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the indigency program. |
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Art. 45A.554. INCENTIVE PROGRAM. (a) This article applies |
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only to a fine for a traffic offense that remains unpaid on or after |
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the second anniversary of the date of issuance. |
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(b) Each justice and municipal court shall establish an |
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incentive program through which the justice or municipal court |
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shall reduce the amount of an unpaid fine described by Subsection |
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(a) if a person establishes that the person's income or the person's |
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household income is less than 300 percent of the applicable income |
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level established by the federal poverty guidelines. For a person |
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who is eligible for the incentive program under this article, the |
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justice or municipal court shall reduce the amount of the person's |
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unpaid fines to: |
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(1) an amount that does not exceed a total of $200 for |
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two or fewer unpaid fines; or |
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(2) an amount that does not exceed $100 per fine or a |
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total of $500 for three or more unpaid fines. |
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(c) The program must allow a person to apply for |
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participation in the program on the Internet, in person, or by mail |
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or telephone. |
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(d) A person must provide information to the justice or |
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municipal court to establish that the person qualifies for the |
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incentive program under this article. The following documentation |
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may be used as proof that the person qualifies to participate in the |
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incentive program: |
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(1) a copy of the person's most recent federal income |
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tax return that shows that the person's income or the person's |
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household income is less than 300 percent of the applicable income |
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level established by the federal poverty guidelines; |
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(2) a copy of the person's most recent statement of |
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wages that shows that the person's income or the person's household |
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income is less than 300 percent of the applicable income level |
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established by the federal poverty guidelines; or |
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(3) a sworn affidavit confirming that the person's |
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income or the person's household income is less than 300 percent of |
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the applicable income level established by the federal poverty |
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guidelines. |
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(e) Except as otherwise provided by this subsection, a |
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justice or municipal court shall charge a $100 administrative fee |
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for participation in the program. The administrative fee must be |
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credited toward the amount of an unpaid fine described by |
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Subsection (a). The court may reduce the amount of the |
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administrative fee or waive the fee if the court determines a person |
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is indigent. |
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(f) Except as otherwise provided by Subsection (g), a person |
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who participates in the incentive program under this article must |
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pay the reduced amount of a traffic fine not later than the 180th |
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day after the date the amount of the traffic fine is reduced under |
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the program. |
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(g) For a person who participates in the incentive program |
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under this article and has three or more unpaid fines described by |
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Subsection (a), the justice or municipal court shall allow the |
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person to pay the reduced fines over a period of not less than 12 |
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months beginning on the date the fine is reduced under this article. |
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(h) A fine collected under this article shall be deposited |
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in the same manner as the original fine. |
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(i) A person may no longer participate in an incentive |
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program under this article if the person enters into a payment plan |
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with the justice or municipal court and misses two or more |
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consecutive payments in the plan, unless: |
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(1) the person contacts the court and requests to |
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remain enrolled in the program; and |
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(2) the justice or municipal court authorizes the |
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person's continued participation. |
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(j) The justice or municipal court shall notify the |
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Department of Public Safety on a person's successful completion of |
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the incentive program. |
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SECTION 2. Section 502.010, Transportation Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) If a county assessor-collector or the department, as |
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applicable, refuses to register a motor vehicle under Subsection |
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(a) solely because the owner of the vehicle has unpaid fines to |
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which Subchapter L, Chapter 45A, Code of Criminal Procedure, |
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applies, the county assessor-collector shall notify the person that |
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the person may be eligible for a reduction in the amount of those |
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unpaid fines under a program established under Subchapter L, |
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Chapter 45A, Code of Criminal Procedure. |
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SECTION 3. Not later than January 1, 2026, each justice and |
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municipal court shall establish: |
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(1) an amnesty program, as required by Article |
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45A.552, Code of Criminal Procedure, as added by this Act; |
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(2) an indigency program, as required by Article |
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45A.553, Code of Criminal Procedure, as added by this Act; and |
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(3) an incentive program, as required by Article |
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45A.554, Code of Criminal Procedure, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |