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A BILL TO BE ENTITLED
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AN ACT
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relating to expunction of convictions and records in failure to |
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attend school cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.055, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.055. EXPUNCTION OF CONVICTION AND RECORDS IN |
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FAILURE TO ATTEND SCHOOL CASES. (a) An [Except as provided by
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Subsection (e), an] individual convicted of a [not more than one] |
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violation of Section 25.094, Education Code, may[, on or after the
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individual's 18th birthday,] apply to the court in which the |
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individual was convicted to have the conviction and records |
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relating to the conviction expunged. |
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(b) To apply for an expunction, the applicant or the |
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applicant's parent or guardian must submit a written request that: |
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(1) is made under oath; and |
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(2) [states that the applicant has not been convicted
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of more than one violation of Section 25.094, Education Code; and
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[(3)] is in the form determined by the applicant. |
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(c) The court may expunge the conviction and records |
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relating to the conviction without a hearing or, if facts are in |
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doubt, may order a hearing on the application. At its discretion, |
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the court may [If the court finds that the applicant has not been
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convicted of more than one violation of Section 25.094, Education
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Code, the court shall] order the conviction, together with all |
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complaints, verdicts, sentences, and other documents relating to |
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the offense, including any documents in the possession of a school |
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district or law enforcement agency, to be expunged from the |
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applicant's record. In making a decision to expunge the applicant's |
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records, the court shall consider any factors the court determines |
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appropriate, including the circumstances of the offense and any |
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previous convictions under Section 25.094, Education Code. [After
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entry of the order, the applicant is released from all disabilities
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resulting from the conviction, and the conviction may not be shown
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or made known for any purpose. The court shall inform the applicant
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of the court's decision on the application.] |
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(d) The court may not [shall] require an individual who |
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files an application under this article to pay a fee [in the amount
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of $30 to defray the cost of notifying state agencies of orders of
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expunction under this article]. |
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(e) Notwithstanding any other provision of this article, |
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a [A] court shall order the expunction of [expunge] an individual's |
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conviction under Section 25.094, Education Code, and the documents |
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and records relating to the [a] conviction described by Subsection |
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(c) [, regardless of whether the individual has previously been
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convicted of an offense under that section,] if: |
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(1) [the court finds that] the individual has |
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successfully complied with the conditions imposed on the individual |
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by the court under Article 45.054, regardless of whether the |
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individual has applied for an expunction under this article; or |
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(2) before the individual's 21st birthday, the |
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individual presents to the court proof that the individual has |
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obtained a high school diploma or a high school equivalency |
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certificate. |
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(f) After entry of an expunction order under this article, |
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the individual whose conviction and records have been expunged is |
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released from all disabilities resulting from the conviction, and |
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the conviction may not be shown or made known for any purpose. The |
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court shall inform the individual of the expunction. |
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SECTION 2. Section 103.021, Government Code, is amended to |
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read as follows: |
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Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL |
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CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a |
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party to a civil suit, as applicable, shall pay the following fees |
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and costs under the Code of Criminal Procedure if ordered by the |
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court or otherwise required: |
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(1) a personal bond fee (Art. 17.42, Code of Criminal |
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Procedure) . . . the greater of $20 or three percent of the amount of |
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the bail fixed for the accused; |
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(2) cost of electronic monitoring as a condition of |
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release on personal bond (Art. 17.43, Code of Criminal Procedure) . |
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. . actual cost; |
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(3) a fee for verification of and monitoring of motor |
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vehicle ignition interlock (Art. 17.441, Code of Criminal |
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Procedure) . . . not to exceed $10; |
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(3-a) costs associated with operating a global |
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positioning monitoring system as a condition of release on bond |
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(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
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subject to a determination of indigency; |
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(3-b) costs associated with providing a defendant's |
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victim with an electronic receptor device as a condition of the |
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defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
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Procedure) . . . actual costs, subject to a determination of |
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indigency; |
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(4) repayment of reward paid by a crime stoppers |
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organization on conviction of a felony (Art. 37.073, Code of |
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Criminal Procedure) . . . amount ordered; |
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(5) reimbursement to general revenue fund for payments |
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made to victim of an offense as condition of community supervision |
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(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for |
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a misdemeanor offense or $100 for a felony offense; |
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(6) payment to a crime stoppers organization as |
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condition of community supervision (Art. 42.12, Code of Criminal |
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Procedure) . . . not to exceed $50; |
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(7) children's advocacy center fee (Art. 42.12, Code |
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of Criminal Procedure) . . . not to exceed $50; |
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(8) family violence center fee (Art. 42.12, Code of |
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Criminal Procedure) . . . $100; |
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(9) community supervision fee (Art. 42.12, Code of |
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Criminal Procedure) . . . not less than $25 or more than $60 per |
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month; |
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(10) additional community supervision fee for certain |
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offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per |
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month; |
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(11) for certain financially able sex offenders as a |
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condition of community supervision, the costs of treatment, |
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specialized supervision, or rehabilitation (Art. 42.12, Code of |
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Criminal Procedure) . . . all or part of the reasonable and |
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necessary costs of the treatment, supervision, or rehabilitation as |
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determined by the judge; |
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(12) fee for failure to appear for trial in a justice |
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or municipal court if a jury trial is not waived (Art. 45.026, Code |
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of Criminal Procedure) . . . costs incurred for impaneling the jury; |
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(13) costs of certain testing, assessments, or |
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programs during a deferral period (Art. 45.051, Code of Criminal |
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Procedure) . . . amount ordered; |
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(14) special expense on dismissal of certain |
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misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) . |
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. . not to exceed amount of fine assessed; |
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(15) an additional fee: |
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(A) for a copy of the defendant's driving record |
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to be requested from the Department of Public Safety by the judge |
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(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
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to the sum of the fee established by Section 521.048, |
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Transportation Code, and the state electronic Internet portal fee; |
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(B) as an administrative fee for requesting a |
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driving safety course or a course under the motorcycle operator |
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training and safety program for certain traffic offenses to cover |
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the cost of administering the article (Art. 45.0511(f)(1), Code of |
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Criminal Procedure) . . . not to exceed $10; or |
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(C) for requesting a driving safety course or a |
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course under the motorcycle operator training and safety program |
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before the final disposition of the case (Art. 45.0511(f)(2), Code |
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of Criminal Procedure) . . . not to exceed the maximum amount of the |
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fine for the offense committed by the defendant; |
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(16) a request fee for teen court program (Art. |
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45.052, Code of Criminal Procedure) . . . $20, if the court ordering |
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the fee is located in the Texas-Louisiana border region, but |
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otherwise not to exceed $10; |
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(17) a fee to cover costs of required duties of teen |
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court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
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court ordering the fee is located in the Texas-Louisiana border |
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region, but otherwise $10; |
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(18) a mileage fee for officer performing certain |
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services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
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mile; |
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(19) certified mailing of notice of hearing date (Art. |
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102.006, Code of Criminal Procedure) . . . $1, plus postage; |
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(20) certified mailing of certified copies of an order |
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of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
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plus postage; |
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(20-a) a fee to defray the cost of notifying state |
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agencies of orders of expungement (Art. 45.0216, Code of Criminal |
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Procedure) . . . $30 per application; |
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[(20-b)
a fee to defray the cost of notifying state
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agencies of orders of expunction (Art. 45.055, Code of Criminal
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Procedure) . . . $30 per application;] |
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(21) sight orders: |
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(A) if the face amount of the check or sight order |
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does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . . |
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not to exceed $10; |
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(B) if the face amount of the check or sight order |
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is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $15; |
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(C) if the face amount of the check or sight order |
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is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $30; |
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(D) if the face amount of the check or sight order |
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is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $50; and |
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(E) if the face amount of the check or sight order |
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is greater than $500 (Art. 102.007, Code of Criminal Procedure) . . |
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. not to exceed $75; |
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(22) fees for a pretrial intervention program: |
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(A) a supervision fee (Art. 102.012(a), Code of |
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Criminal Procedure) . . . $60 a month plus expenses; and |
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(B) a district attorney, criminal district |
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attorney, or county attorney administrative fee (Art. 102.0121, |
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Code of Criminal Procedure) . . . not to exceed $500; |
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(23) parking fee violations for child safety fund in |
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municipalities with populations: |
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(A) greater than 850,000 (Art. 102.014, Code of |
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Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
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(B) less than 850,000 (Art. 102.014, Code of |
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Criminal Procedure) . . . not to exceed $5; |
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(24) an administrative fee for collection of fines, |
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fees, restitution, or other costs (Art. 102.072, Code of Criminal |
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Procedure) . . . not to exceed $2 for each transaction; and |
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(25) a collection fee, if authorized by the |
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commissioners court of a county or the governing body of a |
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municipality, for certain debts and accounts receivable, including |
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unpaid fines, fees, court costs, forfeited bonds, and restitution |
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ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
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percent of an amount more than 60 days past due. |
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SECTION 3. The changes in law made by this Act apply only to |
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conduct violating Section 25.094, Education Code, on or after the |
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effective date of this Act. A violation that occurs before the |
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effective date of this Act is covered by the law in effect when the |
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violation occurred, and the former law is continued in effect for |
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that purpose. For purposes of this section, a violation occurs |
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before the effective date of this Act if any element of the |
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violation occurs before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |