Bill Text: TX HB3729 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to the administrative, civil, and criminal consequences, including fines, fees, and costs, imposed on persons arrested for, charged with, or convicted of certain criminal offenses.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2017-05-01 - Committee report sent to Calendars [HB3729 Detail]

Download: Texas-2017-HB3729-Comm_Sub.html

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85R23206 KJE-F
By: White, Bernal, Collier, H.B. No. 3729
Thompson of Harris
Substitute the following for H.B. No. 3729:
By: Moody C.S.H.B. No. 3729

A BILL TO BE ENTITLED
AN ACT
relating to the administrative, civil, and criminal consequences,
including fines, fees, and costs, imposed on persons arrested for,
charged with, or convicted of certain criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 14.06(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a [Class C] misdemeanor
punishable by a fine only, other than an offense under Section
49.02, Penal Code, may, instead of taking the person before a
magistrate, issue a citation to the person that contains written
notice of the time and place the person must appear before a
magistrate, the name and address of the person charged, the offense
charged, and the following admonishment, in boldfaced or underlined
type or in capital letters:
"If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent,
or guardian of the victim or are or were involved in another,
similar relationship with the victim, it may be unlawful for you to
possess or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section
922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
questions whether these laws make it illegal for you to possess or
purchase a firearm, you should consult an attorney.
"If you are ordered to pay a fine or costs in this case and
are unable to afford the amount owed, contact the court
immediately. You may be able to discharge the fine or costs by
performing community service. In some circumstances, you may be
able to have all or part of the fine or costs waived."
SECTION 2. Article 45.014, Code of Criminal Procedure, is
amended by adding Subsections (e), (f), and (g) to read as follows:
(e) A justice or judge may not issue an arrest warrant for
the defendant's failure to appear unless:
(1) the justice or judge provides by telephone, mail,
or e-mail to the defendant notice that includes:
(A) at least two dates and times, occurring
within the 30-day period following the date that notice is
provided, when the defendant may appear before the justice or
judge;
(B) the name and address of the court with
jurisdiction in the case and a telephone number that the defendant
may use to request an alternative date or time under Subsection (f);
(C) information regarding alternatives to the
full payment of any fine or costs owed by the defendant, if the
defendant is unable to pay that amount; and
(D) an explanation of the consequences if the
defendant fails to appear before the justice or judge as required by
this article; and
(2) the defendant fails to appear before the justice
or judge as required by this article.
(f) A defendant who receives notice under Subsection (e) may
request an alternative date or time to appear before the justice or
judge if the defendant is unable to appear on a date and at a time
provided in the notice.
(g) A defendant who voluntarily appears before a justice or
judge to resolve an outstanding arrest warrant, a citation or
complaint, or an unpaid fine or cost may not be arrested on a
warrant for any misdemeanor punishable by fine only during or
immediately before or after the defendant's appearance.
SECTION 3. Article 45.023, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) A justice or judge who accepts the defendant's plea of
guilty or nolo contendere shall advise the defendant that,
regardless of the defendant's ability to pay, the defendant may
request to perform community service under Article 45.049 to
discharge any fine or cost imposed on the defendant in the case.
SECTION 4. Article 45.041, Code of Criminal Procedure, is
amended by amending Subsections (b) and (b-2) and adding Subsection
(b-6) to read as follows:
(b) Subject to Subsections (b-2), [and] (b-3), and (b-6) and
Article 45.0491, the justice or judge may direct the defendant:
(1) to pay:
(A) the entire fine and costs when sentence is
pronounced;
(B) the entire fine and costs at some later date;
or
(C) a specified portion of the fine and costs at
designated intervals;
(2) if applicable, to make restitution to any victim
of the offense; and
(3) to satisfy any other sanction authorized by law.
(b-2) When imposing a fine and costs, [if the justice or
judge determines that the defendant is unable to immediately pay
the fine and costs,] the justice or judge:
(1) shall seek information from the defendant that is
relevant to a determination of whether the defendant is able to
immediately pay the fine or costs; and
(2) if the justice or judge determines that the
defendant is unable to immediately pay the fine or costs, shall
allow the defendant to pay the fine or [and] costs, as applicable,
in specified portions at designated intervals.
(b-6) When imposing a fine and costs, the justice or judge
may require the defendant to perform community service as provided
by Article 45.049 to discharge all or part of the fine or costs.
SECTION 5. Article 45.045, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-2) to
read as follows:
(a) If the defendant is not in custody when the judgment is
rendered or, subject to Subsection (a-2), if the defendant fails to
satisfy the judgment according to its terms, the court may order a
capias pro fine, as defined by Article 43.015, issued for the
defendant's arrest. The capias pro fine shall state the amount of
the judgment and sentence[,] and shall command the appropriate
peace officer to:
(1) bring the defendant before the court immediately;
or
(2) [place the defendant in jail until the business
day following the date of the defendant's arrest] if the defendant
cannot be brought before the court immediately, confine the
defendant in jail and bring the defendant before the court not later
than 24 hours after the time of the defendant's arrest, provided
that if the defendant is not brought before the court within that
period, the person having custody of the defendant shall release
the defendant.
(a-2) The court may not issue a capias pro fine for the
defendant's failure to satisfy the judgment according to its terms
unless:
(1) the court provides by mail to the defendant notice
that includes:
(A) a statement that the defendant has failed to
satisfy the judgment according to its terms;
(B) a date and time, occurring not later than the
21st day after the date that notice is mailed, when the court will
hold a hearing on the defendant's failure to satisfy the judgment
according to its terms; and
(C) the location at which the hearing will be
held; and
(2) either:
(A) the defendant fails to appear at the hearing;
or
(B) based on evidence presented at the hearing,
the court makes a written determination that:
(i) the defendant is not indigent and has
failed to make a good faith effort to discharge the fine or costs;
or
(ii) the defendant is indigent and:
(a) has failed to make a good faith
effort to discharge the fine or costs under Article 45.049; and
(b) could have discharged the fine or
costs under Article 45.049 without experiencing any undue hardship.
SECTION 6. Article 45.046(a), Code of Criminal Procedure,
is amended to read as follows:
(a) When a judgment and sentence have been entered against a
defendant and the defendant defaults in the discharge of the
judgment, the judge may order the defendant confined in jail until
discharged by law if the judge at a hearing makes a written
determination that:
(1) the defendant is not indigent and has failed to
make a good faith effort to discharge the fine or [and] costs; or
(2) the defendant is indigent and:
(A) has failed to make a good faith effort to
discharge the fine or [fines and] costs under Article 45.049; and
(B) could have discharged the fine or [fines and]
costs under Article 45.049 without experiencing any undue hardship.
SECTION 7. Article 45.048, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.048. DISCHARGED FROM JAIL. (a) A defendant placed
in jail on account of failure to pay the fine and costs shall be
discharged on habeas corpus by showing that the defendant:
(1) is too poor to pay the fine and costs; [or]
(2) has remained in jail a sufficient length of time to
satisfy the fine and costs, at the rate of not less than $300 [$50]
for each period [of time] served, as specified by the convicting
court in the judgment in the case; or
(3) has remained in jail for a cumulative period of 72
hours.
(b) A convicting court may specify a period [of time] that
is not less than eight hours or more than 24 hours as the period for
which a defendant who fails to pay the fine [fines] and costs in the
case must remain in jail to satisfy $300 [$50] of the fine and
costs.
(c) Notwithstanding any other law, if a defendant placed in
jail on account of failure to pay the fine and costs has remained in
jail for a cumulative period of 72 hours and the amount owed has not
been fully discharged, the convicting court shall release the
defendant from jail and shall waive the remaining amount owed.
SECTION 8. Article 45.049, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), (c), (d), (e), and (g) and
adding Subsections (a-1), (a-2), (a-3), and (c-1) to read as
follows:
(a) Except as provided by Subsection (a-1), a [A] justice or
judge may require a defendant [who fails to pay a previously
assessed fine or costs, or who is determined by the court to have
insufficient resources or income to pay a fine or costs,] to perform
community service under this article to discharge all or part of the
fine or costs assessed in the case [by performing community
service].
(a-1) A justice or judge may require a defendant described
by Article 45.0491(c) to perform community service under this
article to discharge all or part of the fine or costs only if the
justice or judge determines that the requirement would not impose
an undue hardship on the defendant.
(a-2) At sentencing, a defendant may request to perform
community service under this article to discharge all or part of the
fine or costs assessed in the case. The justice or judge shall
grant the request if:
(1) the defendant is described by Article 45.0491(c);
or
(2) granting the request is in the interest of
justice.
(a-3) A defendant may discharge an obligation to perform
community service under this article by paying at any time the fine
and costs assessed.
(b) In the justice's or judge's order requiring or
permitting a defendant to perform [participate in] community
service [work] under this article, the justice or judge must
specify:
(1) the number of hours of community service the
defendant is required to perform; and
(2) the date by which the defendant must submit to the
court documentation verifying the defendant's completion of the
community service [work].
(c) The justice or judge may order the defendant, or the
defendant may request under Subsection (a-2), to perform community
service [work] under this article [only] for:
(1) a governmental entity;
(2) [or] a nonprofit organization or another
organization that provides services to the general public that
enhance social welfare and the general well-being of the community,
as determined by the justice or judge;
(3) a religious organization;
(4) a neighborhood association or group; or
(5) an educational institution.
(c-1) An [A governmental] entity [or nonprofit
organization] that accepts a defendant under this article to
perform community service must agree to supervise, either on-site
or remotely, the defendant in the performance of the defendant's
community service [work] and report on the defendant's community
service [work] to the justice or judge who ordered the [community]
service.
(d) A justice or judge may not order a defendant to perform
more than 16 hours per week of community service under this article
unless the justice or judge determines that requiring the defendant
to perform [work] additional hours does not impose an undue [work a]
hardship on the defendant or the defendant's dependents.
(e) A defendant is considered to have discharged not less
than $15 [$50] of fines or costs for each hour [eight hours] of
community service performed under this article.
(g) This subsection applies only to a defendant who is
charged with a traffic offense or an offense under Section 106.05,
Alcoholic Beverage Code, and is a resident of this state. If under
Article 45.051(b)(10), Code of Criminal Procedure, the judge
requires the defendant to perform community service as a condition
of the deferral, the defendant is entitled to elect whether to
perform the required [governmental entity or nonprofit
organization community] service in:
(1) the county in which the court is located; or
(2) the county in which the defendant resides, but
only if the applicable entity [or organization] agrees to:
(A) supervise the defendant in the performance of
the defendant's community service [work]; and
(B) report to the court on the defendant's
community service [work].
SECTION 9. Article 45.0491, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.0491. WAIVER OF PAYMENT OF FINES OR [AND] COSTS FOR
CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. (a) A municipal
court, regardless of whether the court is a court of record, or a
justice court may waive payment of all or part of a fine or costs
imposed on a defendant [who defaults in payment] if the court
determines:
(1) that:
(A) [(1)] the defendant is indigent or does not
have sufficient resources or income to pay all or part of the fine
or costs or was, at the time the offense was committed, a child as
defined by Article 45.058(h); and
(B) [(2)] discharging all or part of the fine or
[and] costs under Article 45.049 or as otherwise authorized by this
chapter would impose an undue hardship on the defendant; or
(2) that the waiver is in the interest of justice.
(b) A municipal court, regardless of whether the court is a
court of record, or a justice court shall waive payment of costs and
at least 50 percent of a fine imposed on a defendant described by
Subsection (c) if the court determines that the defendant is
indigent or does not have sufficient resources or income to pay the
fine and costs.
(c) For purposes of Subsection (b), a defendant is presumed
to be indigent or to not have sufficient resources or income to pay
the fine and costs if the defendant:
(1) is required to attend school full time under
Section 25.085, Education Code;
(2) is a member of a household with a total annual
income that is below 125 percent of the applicable income level
established by the federal poverty guidelines; or
(3) receives assistance from:
(A) the financial assistance program established
under Chapter 31, Human Resources Code;
(B) the medical assistance program under Chapter
32, Human Resources Code;
(C) the supplemental nutrition assistance
program established under Chapter 33, Human Resources Code;
(D) the federal special supplemental nutrition
program for women, infants, and children authorized by 42 U.S.C.
Section 1786; or
(E) the child health plan program under Chapter
62, Health and Safety Code.
SECTION 10. Article 102.011, Code of Criminal Procedure, is
amended by amending Subsections (a) and (e) and adding Subsection
(f) to read as follows:
(a) A defendant convicted of a felony or a misdemeanor shall
pay the following fees for services performed in the case by a peace
officer:
(1) $5 for issuing a written notice to appear in court
following the defendant's violation of a traffic law, municipal
ordinance, or penal law of this state, or for making an arrest
without a warrant;
(2) $50 for executing [or processing] an issued arrest
warrant, capias, or capias pro fine with the fee imposed for the
services of:
(A) the law enforcement agency that executed the
arrest warrant or capias, if the agency requests of the court, not
later than the 15th day after the date of the execution of the
arrest warrant or capias, the imposition of the fee on conviction;
or
(B) the law enforcement agency that processed the
arrest warrant or capias, if[:
[(i) the arrest warrant or capias was not
executed; or
[(ii)] the executing law enforcement agency
failed to request the fee within the period required by Paragraph
(A) [of this subdivision];
(3) $5 for summoning a witness;
(4) $35 for serving a writ not otherwise listed in this
article;
(5) $10 for taking and approving a bond and, if
necessary, returning the bond to the courthouse;
(6) $5 for commitment or release;
(7) $5 for summoning a jury, if a jury is summoned; and
(8) $8 for each day's attendance of a prisoner in a
habeas corpus case if the prisoner has been remanded to custody or
held to bail.
(e) Except as provided by Subsection (f), a [A] fee under
Subsection (a)(1) or (a)(2) [of this article] shall be assessed:
(1) on conviction, regardless of whether the defendant
was also arrested at the same time for another offense;[,] and
(2) [shall be assessed] for each arrest made of a
defendant arising out of the offense for which the defendant has
been convicted.
(f) A fee under Subsection (a)(2) may be assessed only once
for an arrest, regardless of whether more than one arrest warrant,
capias, or capias pro fine is executed during the arrest.
SECTION 11. Section 102.021, Government Code, is amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing [or processing] an issued arrest
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(8) court costs on an offense of parent contributing
to student nonattendance (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(9) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(13) court cost for DNA testing for certain felonies
(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
(14) court cost for DNA testing for certain
misdemeanors and felonies (Art. 102.020(a)(2), Code of Criminal
Procedure) . . . $50;
(15) court cost for DNA testing for certain felonies
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
(16) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $12;
(17) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge; and
(18) costs attendant to convictions under Chapter 49,
Penal Code, and under Chapter 481, Health and Safety Code, to help
fund drug court programs established under Chapter 122, 123, 124,
or 125, Government Code, or former law (Art. 102.0178, Code of
Criminal Procedure) . . . $60.
SECTION 12. Section 102.0212, Government Code, is amended
to read as follows:
Sec. 102.0212. COURT COSTS ON CONVICTION: LOCAL GOVERNMENT
CODE. A person convicted of an offense shall pay the following
under the Local Government Code, in addition to all other costs:
(1) court costs on conviction of a felony (Sec.
133.102, Local Government Code) . . . $133;
(2) court costs on conviction of a Class A or Class B
misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
(3) court costs on conviction of a nonjailable
misdemeanor offense, including a criminal violation of a municipal
ordinance, other than a conviction of an offense relating to a
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
Government Code) . . . $40;
(4) [a time payment fee if convicted of a felony or
misdemeanor for paying any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or restitution
(Sec. 133.103, Local Government Code) . . . $25;
[(5)] a cost on conviction of any offense, other than
an offense relating to a pedestrian or the parking of a motor
vehicle (Sec. 133.105, Local Government Code) . . . $6; and
(5) [(6)] a cost on conviction of any offense, other
than an offense relating to a pedestrian or the parking of a motor
vehicle (Sec. 133.107, Local Government Code) . . . $2.
SECTION 13. Section 133.003, Local Government Code, is
amended to read as follows:
Sec. 133.003. CRIMINAL FEES. This chapter applies to the
following criminal fees:
(1) the consolidated fee imposed under Section
133.102;
(2) [the time payment fee imposed under Section
133.103;
[(3)] fees for services of peace officers employed by
the state imposed under Article 102.011, Code of Criminal
Procedure, and forwarded to the comptroller as provided by Section
133.104;
(3) [(4)] costs on conviction imposed in certain
statutory county courts under Section 51.702, Government Code, and
deposited in the judicial fund;
(4) [(5)] costs on conviction imposed in certain
county courts under Section 51.703, Government Code, and deposited
in the judicial fund;
(5) [(6)] the administrative fee for failure to appear
or failure to pay or satisfy a judgment imposed under Section
706.006, Transportation Code;
(6) [(7)] fines on conviction imposed under Section
621.506(g), Transportation Code;
(7) [(8)] the fee imposed under Article 102.0045, Code
of Criminal Procedure;
(8) [(9)] the cost on conviction imposed under Section
133.105 and deposited in the judicial fund; and
(9) [(10)] the cost on conviction imposed under
Section 133.107.
SECTION 14. Section 502.010, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (i) to
read as follows:
(c) A county that has a contract under Subsection (b) shall
notify the department regarding a person for whom the county
assessor-collector or the department has refused to register a
motor vehicle on:
(1) the person's payment or other means of discharge,
including a waiver, of the past due fine, fee, or tax; or
(2) perfection of an appeal of the case contesting
payment of the fine, fee, or tax.
(i) If a county assessor-collector is notified that the
court having jurisdiction over the underlying offense has waived
the past due fine or fee due to the defendant's indigency, the
county may not impose an additional fee on the defendant under
Subsection (f).
SECTION 15. Section 502.010(f), Transportation Code, as
amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of
the 82nd Legislature, Regular Session, 2011, is reenacted and
amended to read as follows:
(f) Except as otherwise provided by this section, a [A]
county that has a contract under Subsection (b) may impose an
additional fee of $20 to:
(1) a person who fails to pay a fine, fee, or tax to the
county by the date on which the fine, fee, or tax is due; or
(2) a person who fails to appear in connection with a
complaint, citation, information, or indictment in a court in which
a criminal proceeding is pending against the owner. [The
additional fee may be used only to reimburse the department or the
county for its expenses for providing services under the contract.]
SECTION 16. Section 521.242(a), Transportation Code, is
amended to read as follows:
(a) A person whose license has been suspended for a cause
other than a physical or mental disability or impairment or a
conviction of an offense under Sections 49.04-49.08, Penal Code,
may apply for an occupational license by filing a verified petition
with the clerk of a municipal, justice, county, or district court
with jurisdiction that includes the precinct or county in which:
(1) the person resides; or
(2) the offense occurred for which the license was
suspended.
SECTION 17. Section 706.005, Transportation Code, is
amended to read as follows:
Sec. 706.005. CLEARANCE NOTICE TO DEPARTMENT. (a) A
political subdivision shall immediately notify the department that
there is no cause to continue to deny renewal of a person's driver's
license based on the person's previous failure to appear or failure
to pay or satisfy a judgment ordering the payment of a fine and cost
in the manner ordered by the court in a matter involving an offense
described by Section 706.002(a), on payment of a fee as provided by
Section 706.006 and:
(1) the perfection of an appeal of the case for which
the warrant of arrest was issued or judgment arose;
(2) the dismissal of the charge for which the warrant
of arrest was issued or judgment arose, other than a dismissal with
prejudice by the appropriate prosecuting attorney for lack of
evidence;
(3) the posting of bond or the giving of other security
to reinstate the charge for which the warrant was issued;
(4) the payment or discharge, including a waiver, of
the fine and cost owed on an outstanding judgment of the court; or
(5) other suitable arrangement to pay the fine and
cost within the court's discretion.
(b) The department may not continue to deny the renewal of
the person's driver's license under this chapter after the
department receives notice:
(1) under Subsection (a);
(2) that the person was acquitted of the charge on
which the person failed to appear;
(3) that the charge on which the person failed to
appear was dismissed with prejudice by the appropriate prosecuting
attorney for lack of evidence; or
(4) [(3)] from the political subdivision that the
failure to appear report or court order to pay a fine or cost
relating to the person:
(A) was sent to the department in error; or
(B) has been destroyed in accordance with the
applicable political subdivision's records retention policy.
SECTION 18. Section 706.006, Transportation Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-1) and (d) to read as follows:
(a) Except as provided by Subsection (d), a [A] person who
fails to appear for a complaint or citation for an offense described
by Section 706.002(a) shall be required to pay an administrative
fee of $30 for each complaint or citation reported to the department
under this chapter, unless:
(1) the person is acquitted of the charges on [for]
which the person failed to appear;
(2) the charges on which the person failed to appear
were dismissed with prejudice by the appropriate prosecuting
attorney for lack of evidence;
(3) the failure to appear report was sent to the
department in error; or
(4) the case regarding the complaint or citation is
closed and the failure to appear report has been destroyed in
accordance with the applicable political subdivision's records
retention policy.
(a-1) A [The] person who is required to pay a fee under
Subsection (a) shall pay the fee when:
(1) the court enters judgment on the underlying
offense reported to the department;
(2) the underlying offense is dismissed, other than a
dismissal described by Subsection (a)(2); or
(3) bond or other security is posted to reinstate the
charge for which the warrant was issued.
(b) Except as provided by Subsection (d), a [A] person who
fails to pay or satisfy a judgment ordering the payment of a fine
and cost in the manner the court orders shall be required to pay an
administrative fee of $30.
(d) A municipal court judge or justice of the peace who has
jurisdiction over the underlying offense shall waive any
administrative fee required by this section if the judge or justice
makes a finding that the defendant is indigent under Article
45.0491, Code of Criminal Procedure.
SECTION 19. Section 708.158, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) Not later than the fifth day after the date the court
receives information described by Subsection (b) establishing that
a person is indigent, the court shall notify the department that the
person is indigent for the purposes of this chapter.
SECTION 20. Section 133.103, Local Government Code, is
repealed.
SECTION 21. The changes in law made by this Act to Article
14.06, Code of Criminal Procedure, and Section 502.010 and Chapter
706, Transportation Code, apply only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 22. The changes in law made by this Act to Articles
45.014, 45.023, 45.041, 45.046, 45.049, and 45.0491, Code of
Criminal Procedure, apply to a sentencing proceeding that commences
before, on, or after the effective date of this Act.
SECTION 23. The change in law made by this Act to Article
45.045, Code of Criminal Procedure, applies only to a capias pro
fine issued on or after the effective date of this Act. A capias pro
fine issued before the effective date of this Act is governed by the
law in effect on the date the capias pro fine was issued, and the
former law is continued in effect for that purpose.
SECTION 24. The change in law made by this Act to Article
45.048, Code of Criminal Procedure, applies to a defendant who is
placed in jail on or after the effective date of this Act for
failure to pay the fine and costs imposed on conviction of an
offense, regardless of whether the offense of which the defendant
was convicted was committed before, on, or after the effective date
of this Act.
SECTION 25. The changes in law made by this Act to Article
102.011, Code of Criminal Procedure, and Section 102.021,
Government Code, apply only to a fee imposed for an arrest warrant,
capias, or capias pro fine issued on or after the effective date of
this Act. A fee imposed for an arrest warrant, capias, or capias
pro fine issued before the effective date of this Act is governed by
the law in effect on the date the arrest warrant, capias, or capias
pro fine was issued, and the former law is continued in effect for
that purpose.
SECTION 26. The repeal by this Act of Section 133.103, Local
Government Code, does not apply to an offense committed before the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law as it existed on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 27. This Act takes effect September 1, 2017.