Bill Text: TX HB3519 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the ability of a child, parent, or other person responsible for a child's support to pay juvenile probation fees or court costs and fees imposed by a juvenile court.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-05 - Committee report sent to Calendars [HB3519 Detail]
Download: Texas-2017-HB3519-Comm_Sub.html
85R25334 LHC-D | |||
By: White | H.B. No. 3519 | ||
Substitute the following for H.B. No. 3519: | |||
By: Dutton | C.S.H.B. No. 3519 |
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relating to the ability of a child, parent, or other person | ||
responsible for a child's support to pay juvenile probation fees or | ||
court costs and fees imposed by a juvenile court. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 53.03(d), Family Code, is amended to | ||
read as follows: | ||
(d) The juvenile board may adopt a fee schedule for deferred | ||
prosecution services [ |
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Juvenile Justice Department shall provide. The maximum fee is $15 | ||
a month. If the board adopts a schedule, subject to Section 53.031 | ||
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officer of the court shall collect the fee authorized by the | ||
schedule from the parent, guardian, or custodian of a child for whom | ||
a deferred prosecution is authorized under this section or waive | ||
the fee in accordance with Section 53.031 [ |
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section in the county treasury to the credit of a special fund that | ||
may be used only for juvenile probation or community-based juvenile | ||
corrections services or facilities in which a juvenile may be | ||
required to live while under court supervision. If the board does | ||
not adopt a schedule [ |
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prosecution services may not be imposed. | ||
SECTION 2. Chapter 53, Family Code, is amended by adding | ||
Section 53.031 to read as follows: | ||
Sec. 53.031. DEFERRED PROSECUTION SERVICES FEE. (a) | ||
Before a probation officer or other designated officer of the court | ||
may collect a deferred prosecution services fee from a parent or | ||
other person responsible for the child's support under Section | ||
53.03(d), the officer shall conduct an assessment to determine | ||
whether the payment of the fee, in whole or in part, would cause | ||
undue hardship. | ||
(b) A parent or other person responsible for the child's | ||
support must be given the opportunity to provide documentation | ||
that: | ||
(1) the household of the parent or other person earns | ||
not more than 125 percent of the income standards established by | ||
applicable federal poverty guidelines; or | ||
(2) the parent, other person, or family of the parent | ||
or other person currently receives assistance or benefits under: | ||
(A) the child health plan program under Chapter | ||
62, Health and Safety Code; | ||
(B) the financial assistance program under | ||
Chapter 31, Human Resources Code; | ||
(C) the medical assistance program under Chapter | ||
32, Human Resources Code; | ||
(D) the supplemental nutrition assistance | ||
program under Chapter 33, Human Resources Code; | ||
(E) the Temporary Assistance for Needy Families | ||
program; or | ||
(F) the federal special supplemental nutrition | ||
program for women, infants, and children authorized by 42 U.S.C. | ||
Section 1786. | ||
(c) The probation officer or other designated officer of the | ||
court shall make a finding that the payment of a fee would cause | ||
undue hardship and waive the fee under Section 53.03(d) if the | ||
parent or other person provides the documentation under Subsection | ||
(b). | ||
(d) In determining whether the fee would cause undue | ||
hardship for a parent or other person whose payment is not waived | ||
under Subsection (c), the officer shall consider whether the person | ||
could reasonably pay the required obligation after the person | ||
discharged the person's other important financial obligations, | ||
including payments for housing, food, utilities, necessary | ||
clothing, education, and preexisting debts. | ||
(e) If the probation officer or other designated officer of | ||
the court determines under Subsection (d) that the parent or other | ||
person is unable to pay the fee in whole or in part without | ||
experiencing undue hardship, the officer shall waive the fee or | ||
collect a reduced fee in an amount that the officer determines will | ||
not cause an undue hardship. | ||
SECTION 3. Chapter 54, Family Code, is amended by adding | ||
Section 54.021 to read as follows: | ||
Sec. 54.021. COURT-ORDERED FEE OR COST. (a) Before a court | ||
may impose a fee or cost on a child, parent, or other person | ||
responsible for the child's support, the court shall conduct an | ||
assessment to determine whether the fee or cost would cause undue | ||
hardship. | ||
(b) The court shall make a finding that the child, parent, | ||
or other person is unable to pay a fee or cost without experiencing | ||
undue hardship and waive the fee or cost if the parent or other | ||
person provides documentation that: | ||
(1) the household of the child, parent, or other | ||
person earns not more than 125 percent of the income standards | ||
established by applicable federal poverty guidelines; or | ||
(2) the child, parent, or other person or family of the | ||
child, parent, or other person currently receives assistance or | ||
benefits under: | ||
(A) the child health plan program under Chapter | ||
62, Health and Safety Code; | ||
(B) the financial assistance program under | ||
Chapter 31, Human Resources Code; | ||
(C) the medical assistance program under Chapter | ||
32, Human Resources Code; | ||
(D) the supplemental nutrition assistance | ||
program under Chapter 33, Human Resources Code; | ||
(E) the Temporary Assistance for Needy Families | ||
program; or | ||
(F) the federal special supplemental nutrition | ||
program for women, infants, and children authorized by 42 U.S.C. | ||
Section 1786. | ||
(c) In determining whether a fee or cost would cause undue | ||
hardship for a child, parent, or other person whose payment is not | ||
waived under Subsection (b), the court shall consider whether the | ||
person could reasonably pay the court-ordered obligation after the | ||
person discharged the person's other important financial | ||
obligations, including payments for housing, food, utilities, | ||
necessary clothing, education, and preexisting debts. | ||
(d) A court that makes a finding under Subsection (c) that | ||
the child, parent, or other person is unable to pay the fee or cost | ||
in whole or in part without experiencing undue hardship shall waive | ||
the fee or order the child, parent, or other person to pay a reduced | ||
fee or cost in an amount that the court finds would not cause an | ||
undue hardship. | ||
(e) The inability of the child, parent, or other person | ||
responsible for the child's support to pay any fee or cost related | ||
to the child's case may not result in: | ||
(1) the child being denied access to a more favorable | ||
disposition of the child's case, programming, or treatment; | ||
(2) the child's probation or supervision being | ||
extended; or | ||
(3) additional punishment for the child. | ||
SECTION 4. Section 54.032, Family Code, is amended by | ||
adding Subsection (i) to read as follows: | ||
(i) The court shall waive or reduce a fee under Subsection | ||
(e), (g), or (h) if the court makes a finding under Section 54.021 | ||
that the child is unable to pay the fee in whole or in part without | ||
experiencing undue hardship. | ||
SECTION 5. Section 54.0325, Family Code, is amended by | ||
adding Subsection (j) to read as follows: | ||
(j) The court shall waive or reduce a fee under Subsection | ||
(g) or (h) if the court makes a finding under Section 54.021 that | ||
the child is unable to pay the fee in whole or in part without | ||
experiencing undue hardship. | ||
SECTION 6. Section 54.0404(b), Family Code, is amended to | ||
read as follows: | ||
(b) A juvenile court that enters an order under Subsection | ||
(a) shall require the child or the child's parent or other person | ||
responsible for the child's support to pay the cost of attending an | ||
educational program under Subsection (a) if the court determines | ||
that the child, parent, or other person is financially able to make | ||
payment. The court shall waive or reduce the cost of attending the | ||
program if the court makes a finding under Section 54.021 that the | ||
child, parent, or other person is unable to pay the cost in whole or | ||
in part without experiencing undue hardship. | ||
SECTION 7. Section 54.041, Family Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) The court shall waive or reduce the cost of attending | ||
treatment programs under Subsection (a)(4) if the court makes a | ||
finding under Section 54.021 that the parent or other person is | ||
unable to pay the cost in whole or in part without experiencing | ||
undue hardship. | ||
SECTION 8. Section 54.0411, Family Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) The court shall waive or reduce the fee under | ||
Subsection (a) if the court makes a finding under Section 54.021 | ||
that the child, parent, or other person is unable to pay the fee in | ||
whole or in part without experiencing undue hardship. | ||
SECTION 9. Section 54.0461(c), Family Code, is amended to | ||
read as follows: | ||
(c) The court shall waive or reduce the fee under this | ||
section if [ |
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child's support is unable to pay the juvenile delinquency | ||
prevention fee required under Subsection (a) in whole or in part | ||
without experiencing undue hardship. The [ |
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into the child's case records a statement of that finding. [ |
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SECTION 10. Section 54.0462(c), Family Code, is amended to | ||
read as follows: | ||
(c) The court shall waive or reduce the fee under Subsection | ||
(a) if [ |
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that a child, parent, or other person responsible for the child's | ||
support is unable to pay the fee required under Subsection (a) in | ||
whole or in part without experiencing undue hardship. The [ |
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court shall enter into the child's case records a statement of that | ||
finding. [ |
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SECTION 11. Section 54.047(f), Family Code, is amended to | ||
read as follows: | ||
(f) If the court orders a child under Subsection (a) or (b) | ||
to attend a drug education program or alcohol awareness program, | ||
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require the child's parent or other person responsible for the | ||
child's support [ |
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attending the program. The court shall allow the child's parent or | ||
other person [ |
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installments. The court shall waive or reduce the cost of attending | ||
the program if the court makes a finding under Section 54.021 that | ||
the parent or other person is unable to pay the cost in whole or in | ||
part without experiencing undue hardship. | ||
SECTION 12. Section 54.06, Family Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) The court shall waive or reduce the payment for | ||
support under Subsection (a) if the court makes a finding under | ||
Section 54.021 that the parent or other person is unable to make the | ||
payment in whole or in part without experiencing undue hardship. | ||
SECTION 13. Section 54.061(d), Family Code, is amended to | ||
read as follows: | ||
(d) The court shall waive or reduce the fee under Subsection | ||
(a) if [ |
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that a child, parent, or other person responsible for the child's | ||
support is financially unable to pay the probation fee required | ||
under Subsection (a) in whole or in part without experiencing undue | ||
hardship. The [ |
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child's case a statement of that finding. [ |
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SECTION 14. The changes in law made by this Act apply only | ||
to a fee, cost, or other payment imposed on or after the effective | ||
date of this Act. A fee, cost, or other payment imposed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the fee, cost, or payment was imposed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 15. Section 51.607, Government Code, does not apply | ||
to the change in the amount of fees or court costs made by this Act. | ||
SECTION 16. This Act takes effect September 1, 2017. |