Bill Text: TX SB346 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the consolidation, allocation, classification, and repeal of certain criminal court costs and other court-related costs, fines, and fees; imposing certain court costs and fees and increasing and decreasing the amounts of certain other court costs and fees.

Sponsorship: Bipartisan Bill

Status: (Passed) 2019-06-15 - Effective on 1/1/20 [SB346 Detail]

Download: Texas-2019-SB346-Enrolled.html

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S.B. No. 346

AN ACT
relating to the consolidation, allocation, classification, and
repeal of certain criminal court costs and other court-related
costs, fines, and fees; imposing certain court costs and fees and
increasing and decreasing the amounts of certain other court costs
and fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CONSOLIDATED COURT COSTS
SECTION 1.01. Section 133.001, Local Government Code, is
amended to read as follows:
Sec. 133.001. PURPOSE. The purpose of this chapter is to
consolidate and standardize:
(1) collection of fees payable to the comptroller in
criminal and civil matters by:
(A) an officer of a court for deposit in a county
or municipal treasury; or
(B) an officer of a county or municipality for
deposit in the county or municipal treasury, as appropriate;
(2) remittance of those fees to the comptroller as
required by this chapter and other law; and
(3) distribution of those fees by the comptroller to
the proper accounts and funds in the state treasury.
SECTION 1.02. 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 of this code; and
(3) [(4) costs on conviction imposed in certain
statutory county courts under Section 51.702, Government Code, and
deposited in the judicial fund;
[(5) costs on conviction imposed in certain county
courts under Section 51.703, Government Code, and deposited in the
judicial fund;
[(6) the administrative fee for failure to appear or
failure to pay or satisfy a judgment imposed under Section 706.006,
Transportation Code;
[(7)] fines on conviction imposed under Section
621.506(g), Transportation Code[;
[(8) the fee imposed under Article 102.0045, Code of
Criminal Procedure;
[(9) the cost on conviction imposed under Section
133.105 and deposited in the judicial fund; and
[(10) the cost on conviction imposed under Section
133.107].
SECTION 1.03. Sections 133.102(a), (c), (d), (e), and (f),
Local Government Code, are amended to read as follows:
(a) A person convicted of an offense shall pay as a court
cost, in addition to all other costs:
(1) $185 [$133] on conviction of a felony;
(2) $147 [$83] on conviction of a Class A or Class B
misdemeanor; or
(3) $62 [$40] 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.
(c) The money collected under this section as court costs
imposed on offenses committed on or after January 1, 2020 [2004],
shall be allocated according to the percentages provided in
Subsection (e).
(d) The money collected as court costs imposed on offenses
committed before January 1, 2004, shall be distributed using
historical data so that each account or fund receives the same
amount of money the account or fund would have received if the court
costs for the accounts and funds had been collected and reported
separately. The money collected as court costs imposed on offenses
committed on or after January 1, 2004, but before January 1, 2020,
shall be allocated according to the percentages provided in
Subsection (e), as that subsection existed and was applied on
December 31, 2019.
(e) The comptroller shall allocate the court costs received
under this section to the following accounts and funds so that each
receives to the extent practicable, utilizing historical data as
applicable, the same amount of money the account or fund would have
received if the court costs for the accounts and funds had been
collected and reported separately, except that the account or fund
may not receive less than the following percentages:
(1) crime stoppers assistance account 0.2427
[0.2581] percent;
(2) breath alcohol testing account 0.3900
[0.5507] percent;
(3) Bill Blackwood Law Enforcement Management
Institute account 1.4741 [2.1683] percent;
(4) Texas Commission on Law Enforcement
account 3.4418
[law enforcement officers standards and education 5.0034] percent;
(5) law enforcement and custodial officer supplement
[supplemental] retirement trust fund 7.2674
[11.1426] percent;
(6) criminal justice planning account 8.5748
[12.5537] percent;
(7) an account in the state treasury to be used only
for the establishment and operation of the Center for the Study and
Prevention of Juvenile Crime and Delinquency at Prairie View
A&M University 0.8540 [1.2090] percent;
(8) compensation to victims of crime account 24.6704
[fund 37.6338] percent;
(9) emergency radio infrastructure account 3.6913
[5.5904] percent;
(10) judicial and court personnel training
account3.3224 [fund 4.8362] percent;
(11) an account in the state treasury to be used for
the establishment and operation of the Correctional Management
Institute of Texas and Criminal Justice Center Account 0.8522
[1.2090] percent; [and]
(12) fair defense account 17.8857 [17.8448] percent;
(13) judicial fund 12.2667 percent;
(14) DNA testing account 0.1394 percent;
(15) specialty court account 1.0377 percent;
(16) statewide electronic filing system
account 0.5485 percent;
(17) jury service fund 6.4090 percent;
(18) truancy prevention and diversion account 2.5956
percent; and
(19) transportation administrative fee account 4.3363
percent.
(f) Of each dollar credited to the Texas Commission on Law
Enforcement [law enforcement officers standards and education]
account under Subsection (e)(4) [(e)(5)]:
(1) 33.3 cents may be used only to pay administrative
expenses; and
(2) the remainder may be used only to pay expenses
related to continuing education for persons licensed under Chapter
1701, Occupations Code.
SECTION 1.04. Chapter 133, Local Government Code, is
amended by adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. ALLOCATION AND USE OF CERTAIN CRIMINAL FEES
Sec. 133.121. ALLOCATION OF FEES TO SPECIALTY COURT
ACCOUNT. (a) The specialty court account is an account in the
general revenue fund. The account consists of money allocated to
the account under Section 133.102(e). Money in the account may be
used only to fund specialty court programs established under
Subtitle K, Title 2, Government Code.
(b) The legislature may appropriate money from the
specialty court account only to the criminal justice division of
the governor's office for distribution to specialty court programs
that apply for the money.
Sec. 133.122. ALLOCATION OF FEES TO JURY SERVICE FUND.
(a) The jury service fund is created in the state treasury. The
fund consists of money allocated to the fund under Section
133.102(e). Money in the fund may be appropriated only to provide
juror reimbursements to counties.
(b) If, at any time, the unexpended balance of the jury
service fund exceeds $10 million, the comptroller shall transfer
the amount in excess of $10 million to the fair defense account.
Sec. 133.123. ALLOCATION OF FEES TO DNA TESTING ACCOUNT.
The DNA testing account is an account in the general revenue fund.
The account consists of money allocated to the account under
Section 133.102(e). Money in the account may be appropriated only
to the Department of Public Safety to help defray the cost of
collecting or analyzing DNA samples provided by defendants who are
required to pay a court cost under Section 133.102.
Sec. 133.124. ALLOCATION OF FEES TO TRANSPORTATION
ADMINISTRATIVE FEE ACCOUNT. The transportation administrative fee
account is an account in the general revenue fund. The account
consists of money allocated to the account under Section
133.102(e). Money in the account may be appropriated only to the
Department of Public Safety to defray the administrative costs
associated with implementing Chapter 706, Transportation Code.
SECTION 1.05. Subtitle C, Title 4, Local Government Code,
is amended by adding Chapter 134 to read as follows:
CHAPTER 134. CRIMINAL FEES PAYABLE TO LOCAL GOVERNMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 134.001. PURPOSE. The purpose of this chapter is to
consolidate and standardize collection of fees payable to a local
government in criminal matters by:
(1) an officer of a court for deposit in a county or
municipal treasury; or
(2) an officer of a county or municipality for deposit
in the county or municipal treasury, as appropriate.
Sec. 134.002. DEFINITIONS. (a) In this chapter:
(1) "Fee" means a criminal fee listed under Section
134.003.
(2) "Treasurer" means the custodian of money in a
municipal or county treasury, as appropriate.
(b) In this chapter, a person is considered to have been
convicted in a case if:
(1) a judgment, a sentence, or both a judgment and a
sentence are imposed on the person;
(2) the person receives community supervision,
deferred adjudication, or deferred disposition; or
(3) the court defers final disposition of the case or
imposition of the judgment and sentence.
Sec. 134.003. CRIMINAL FEES. This chapter applies to the
criminal fees imposed under Sections 134.101, 134.102, and 134.103.
SUBCHAPTER B. COLLECTION AND REMITTANCE OF LOCAL CRIMINAL FEES
Sec. 134.051. COLLECTION, REMITTANCE, AND DEPOSIT OF FEES.
(a) A court clerk shall collect and remit to the county or
municipal treasurer, as applicable, all fees in the manner provided
by this section.
(b) An officer collecting a fee in a case in municipal court
shall remit the money to the municipal treasurer for deposit in the
municipal treasury.
(c) An officer collecting a fee in a justice, county, or
district court shall remit the money to the county treasurer for
deposit in the county treasury.
(d) A court clerk collecting a fee shall remit the money to
the municipal or county treasurer, as applicable, for deposit in
the municipal or county treasury, as appropriate.
Sec. 134.052. ALLOCATION OF DEPOSITED FEES. (a) Money
collected under Subchapter C as court costs imposed on offenses
committed on or after January 1, 2020, shall be allocated according
to the percentages provided by Sections 134.101, 134.102, and
134.103, as applicable.
(b) Money collected under Subchapter C as court costs
imposed on offenses committed before January 1, 2020, shall be
distributed using historical data so that each account or fund
receives the same amount of money the account or fund would have
received if the court costs for the accounts and funds had been
collected and reported separately.
SUBCHAPTER C. LOCAL CRIMINAL FEES
Sec. 134.101. LOCAL CONSOLIDATED FEE ON CONVICTION OF
FELONY. (a) A person convicted of a felony shall pay $105 as a
court cost, in addition to all other costs, on conviction.
(b) The treasurer shall allocate the court costs received
under this section to the following accounts and funds so that each
receives to the extent practicable, utilizing historical data as
applicable, the same amount of money the account or fund would have
received if the court costs for the accounts and funds had been
collected and reported separately, except that the account or fund
may not receive less than the following percentages:
(1) the clerk of the court account 38.0953 percent;
(2) the county records management and preservation
fund 23.8095 percent;
(3) the county jury fund 0.9524 percent;
(4) the courthouse security fund 9.5238 percent;
(5) the county and district court technology
fund 3.8095 percent; and
(6) the county specialty court account 23.8095
percent.
Sec. 134.102. LOCAL CONSOLIDATED FEE ON CONVICTION OF CLASS
A OR B MISDEMEANOR. (a) A person convicted of a Class A or Class B
misdemeanor shall pay $123 as a court cost, in addition to all other
costs, on conviction.
(b) The treasurer shall allocate the court costs received
under this section to the following accounts and funds so that each
receives to the extent practicable, utilizing historical data as
applicable, the same amount of money the account or fund would have
received if the court costs for the accounts and funds had been
collected and reported separately, except that the account or fund
may not receive less than the following percentages:
(1) the clerk of the court account 32.5203 percent;
(2) the county records management and preservation
fund 20.3252 percent;
(3) the account for prosecutor's fees 16.2602
percent;
(4) the county jury fund 0.8130 percent;
(5) the courthouse security fund 8.1301 percent;
(6) the county and district court technology
fund 3.2520 percent;
(7) the court reporter service fund 2.4390 percent;
and
(8) the county specialty court account 16.2602
percent.
Sec. 134.103. LOCAL CONSOLIDATED FEE ON CONVICTION OF
NONJAILABLE MISDEMEANOR. (a) A person convicted of a nonjailable
misdemeanor offense, including a criminal violation of a municipal
ordinance, shall pay $14 as a court cost, in addition to all other
costs, on conviction.
(b) The treasurer shall allocate the court costs received
under this section to the following accounts and funds so that each
receives to the extent practicable, utilizing historical data as
applicable, the same amount of money the account or fund would have
received if the court costs for the accounts and funds had been
collected and reported separately, except that the account or fund
may not receive less than the following percentages:
(1) the courthouse security fund or municipal court
building security fund, as appropriate 35 percent;
(2) the local truancy prevention and diversion
fund 35.7143 percent;
(3) the justice court technology fund or municipal
court technology fund, as appropriate 28.5714 percent; and
(4) the county or municipal jury fund, as
appropriate0.7143 percent.
SUBCHAPTER D. ALLOCATION AND USE OF CERTAIN CRIMINAL FEES
Sec. 134.151. MAINTENANCE OF FUNDS AND ACCOUNTS. (a) A
county or municipal treasurer, as applicable, shall maintain in the
county or municipal treasury a fund or account to which money is
allocated under Section 134.101, 134.102, or 134.103, to the extent
that the fund or account is not required by other law. Money in an
account maintained under this section may be used only for the
purposes provided by this subchapter.
(b) An account or fund maintained under this section in a
county treasury may be administered by or at the direction of the
county commissioners court.
Sec. 134.152. CLERK OF THE COURT ACCOUNT. Money allocated
under Section 134.101 or 134.102 to the clerk of the court account
maintained in the county treasury as required by Section 134.151
may be used by a county only to defray costs of services provided by
a county or district clerk.
Sec. 134.153. COUNTY SPECIALTY COURT ACCOUNT. Money
allocated under Section 134.101 or 134.102 to the county specialty
court account maintained in the county treasury as required by
Section 134.151 may be used by a county only to fund specialty court
programs established under Subtitle K, Title 2, Government Code.
Sec. 134.154. COUNTY OR MUNICIPAL JURY FUND. Money
allocated under Section 134.101, 134.102, or 134.103 to the county
or municipal jury fund maintained in the county or municipal
treasury, as applicable, and as required by Section 134.151 may be
used by a county or municipality only to fund juror reimbursements
and otherwise finance jury services.
Sec. 134.155. COUNTY RECORDS MANAGEMENT AND PRESERVATION
FUND. Money allocated under Section 134.101 or 134.102 to the
county records management and preservation fund maintained in the
county treasury as required by Section 134.151 may be used by a
county only to fund records management and preservation services
performed by the court clerk.
Sec. 134.156. LOCAL TRUANCY PREVENTION AND DIVERSION FUND.
(a) Money allocated under Section 134.103 to the local truancy
prevention and diversion fund maintained in the county or municipal
treasury as required by Section 134.151 may be used by a county or
municipality to finance the salary, benefits, training, travel
expenses, office supplies, and other necessary expenses relating to
the position of a juvenile case manager employed under Article
45.056, Code of Criminal Procedure. If there is money in the fund
after those costs are paid, subject to the direction of the
governing body of the county or municipality and on approval by the
employing court, a juvenile case manager may direct the remaining
money to be used to implement programs directly related to the
duties of the juvenile case manager, including juvenile alcohol and
substance abuse programs, educational and leadership programs, and
any other projects designed to prevent or reduce the number of
juvenile referrals to the court.
(b) Money in the fund may not be used to supplement the
income of an employee whose primary role is not that of a juvenile
case manager.
Sec. 134.157. ACCOUNT FOR PROSECUTOR'S FEES. Money
allocated under Section 134.102 to the account for prosecutor's
fees maintained in the county treasury as required by Section
134.151 may be used by a county only to defray the costs of services
provided by a prosecutor.
SECTION 1.06. Article 102.015, Code of Criminal Procedure,
is transferred to Subchapter C-1, Chapter 133, Local Government
Code, as added by this article, redesignated as Section 133.125,
and amended to read as follows:
Sec. 133.125 [Art. 102.015]. ALLOCATION OF FEES TO [COURT
COSTS:] TRUANCY PREVENTION AND DIVERSION ACCOUNT [FUND]. (a) The
truancy prevention and diversion account [fund] is a dedicated
account in the general revenue fund. The account consists of money
allocated to the account under Section 133.102(e).
(b) [A person convicted in municipal or justice court of an
offense, other than an offense relating to a pedestrian or the
parking of a motor vehicle, shall pay as a court cost $2 in addition
to other court costs.
[(c) For purposes of this article, a person is considered to
have been convicted if:
[(1) a sentence is imposed; or
[(2) the defendant receives deferred disposition in
the case.
[(d) Court costs under this article are collected in the
same manner as other fines or costs. An officer collecting the
costs shall keep separate records of the funds collected as costs
under this article and shall deposit the funds in the county
treasury or municipal treasury, as applicable.
[(e) The custodian of a county treasury or municipal
treasury, as applicable, shall:
[(1) keep records of the amount of funds on deposit
collected under this article; and
[(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter, except that the
custodian may retain 50 percent of funds collected under this
article for the purpose of operating or establishing a juvenile
case manager program, if the county or municipality has established
or is attempting to establish a juvenile case manager program.
[(f) If no funds due as costs under this article are
deposited in a county treasury or municipal treasury in a calendar
quarter, the custodian of the treasury shall file the report
required for the quarter in the regular manner and must state that
no funds were collected.
[(g) The comptroller shall deposit the funds received under
this article to the credit of a dedicated account in the general
revenue fund to be known as the truancy prevention and diversion
fund.] The legislature may appropriate money from the truancy
prevention and diversion account only to the criminal justice
division of the governor's office for distribution to local
governmental entities for truancy prevention and intervention
services.
(c) [(h)] A local governmental entity may request funds
from the criminal justice division of the governor's office for
providing truancy prevention and intervention services. The
division may award the requested funds based on the availability of
appropriated funds and subject to the application procedure and
eligibility requirements specified by division rule.
[(i) Funds collected under this article are subject to audit
by the comptroller.]
SECTION 1.07. Article 102.0169, Code of Criminal Procedure,
is amended to read as follows:
Art. 102.0169. [COURT COSTS;] COUNTY AND DISTRICT COURT
TECHNOLOGY FUND. (a) [A defendant convicted of a criminal offense
in a county court, statutory county court, or district court shall
pay a $4 county and district court technology fee as a cost of
court.
[(b) In this article, a person is considered convicted if:
[(1) a sentence is imposed on the person;
[(2) the person receives community supervision,
including deferred adjudication; or
[(3) the court defers final disposition of the
person's case.
[(c)] The [clerks of the courts described by Subsection (a)
shall collect the costs and pay them to the county treasurer or to
any other official who discharges the duties commonly delegated to
the county treasurer, as appropriate, for deposit in a fund to be
known as the] county and district court technology fund is a fund in
the county treasury. The fund consists of money allocated to the
fund under Sections 134.101 and 134.102, Local Government Code.
(b) Money in the county and district court technology fund
[(d) A fund designated by this article] may be used only to
finance:
(1) the cost of continuing education and training for
county court, statutory county court, or district court judges and
clerks regarding technological enhancements for those courts; and
(2) the purchase and maintenance of technological
enhancements for a county court, statutory county court, or
district court, including:
(A) computer systems;
(B) computer networks;
(C) computer hardware;
(D) computer software;
(E) imaging systems;
(F) electronic kiosks; and
(G) docket management systems.
(c) [(e)] The county and district court technology fund
shall be administered by or under the direction of the
commissioners court of the county.
SECTION 1.08. Article 102.017, Code of Criminal Procedure,
is amended to read as follows:
Art. 102.017. [COURT COSTS;] COURTHOUSE SECURITY FUND;
MUNICIPAL COURT BUILDING SECURITY FUND; JUSTICE COURT BUILDING
SECURITY FUND. (a) The [A defendant convicted of a felony offense
in a district court shall pay a $5 security fee as a cost of court.
[(b) A defendant convicted of a misdemeanor offense in a
county court, county court at law, or district court shall pay a $3
security fee as a cost of court. A defendant convicted of a
misdemeanor offense in a justice court shall pay a $4 security fee
as a cost of court. The governing body of a municipality by
ordinance may create a municipal court building security fund and
may require a defendant convicted of a misdemeanor offense in a
municipal court to pay a $3 security fee as a cost of court.
[(c) In this article, a person is considered convicted if:
[(1) a sentence is imposed on the person;
[(2) the person receives community supervision,
including deferred adjudication; or
[(3) the court defers final disposition of the
person's case.
[(d) Except as provided by Subsection (d-2), the clerks of
the respective courts shall collect the costs and pay them to the
county or municipal treasurer, as appropriate, or to any other
official who discharges the duties commonly delegated to the county
or municipal treasurer, as appropriate, for deposit in a fund to be
known as the] courthouse security fund is a fund in the county
treasury, and [or a fund to be known as] the municipal court
building security fund is a fund in the municipal treasury. The
funds consist of money allocated to the funds under Sections
134.101, 134.102, and 134.103, Local Government Code[, as
appropriate].
(b) Money deposited in a courthouse security fund may be
used only for security personnel, services, and items related to
buildings that house the operations of district, county, or justice
courts, and money deposited in a municipal court building security
fund may be used only for security personnel, services, and items
related to buildings that house the operations of municipal
courts. For purposes of this subsection, operations of a district,
county, or justice court include the activities of associate
judges, masters, magistrates, referees, hearing officers, criminal
law magistrate court judges, and masters in chancery appointed
under:
(1) Section 61.311, Alcoholic Beverage Code;
(2) Section 51.04(g) or Chapter 201, Family Code;
(3) Section 574.0085, Health and Safety Code;
(4) Section 33.71, Tax Code;
(5) Chapter 54A, Government Code; or
(6) Rule 171, Texas Rules of Civil Procedure.
(c) [(d-1)] For purposes of this article, the term
"security personnel, services, and items" includes:
(1) the purchase or repair of X-ray machines and
conveying systems;
(2) handheld metal detectors;
(3) walkthrough metal detectors;
(4) identification cards and systems;
(5) electronic locking and surveillance equipment;
(6) video teleconferencing systems;
(7) bailiffs, deputy sheriffs, deputy constables, or
contract security personnel during times when they are providing
appropriate security services;
(8) signage;
(9) confiscated weapon inventory and tracking
systems;
(10) locks, chains, alarms, or similar security
devices;
(11) the purchase or repair of bullet-proof glass;
(12) continuing education on security issues for court
personnel and security personnel; and
(13) warrant officers and related equipment.
(d) [(d-2)(1)] This subsection applies only to a justice
court located in a county in which one or more justice courts are
located in a building that is not the county courthouse.
[(2)] The county treasurer shall deposit one-fourth of
the money allocated to the courthouse security fund under Section
134.103, Local Government Code, in [cost of court collected under
Subsection (b) in a justice court described by Subdivision (1)
into] a fund to be known as the justice court building security
fund. A fund designated by this subsection may be used only for the
purpose of providing security personnel, services, and items for a
justice court located in a building that is not the county
courthouse.
(e) The courthouse security fund and the justice court
building security fund shall be administered by or under the
direction of the commissioners court. The municipal court building
security fund shall be administered by or under the direction of the
governing body of the municipality.
(f) The sheriff, constable, or other law enforcement agency
or entity that provides security for a court shall provide to the
Office of Court Administration of the Texas Judicial System a
written report regarding any security incident involving court
security that occurs in or around a building housing a court for
which the sheriff, constable, agency, or entity provides security
not later than the third business day after the date the incident
occurred. A copy of the report must be provided to the presiding
judge of the court in which the incident occurred. The report is
confidential and exempt from disclosure under Chapter 552,
Government Code.
SECTION 1.09. Article 102.0172, Code of Criminal Procedure,
is amended to read as follows:
Art. 102.0172. [COURT COSTS;] MUNICIPAL COURT TECHNOLOGY
FUND. (a) The [governing body of a municipality by ordinance may
create a] municipal court technology fund is a fund in the municipal
treasury. The fund consists of money allocated to the fund under
Section 134.103, Local Government Code [and may require a defendant
convicted of a misdemeanor offense in a municipal court or
municipal court of record to pay a technology fee not to exceed $4
as a cost of court].
(b) Money in a municipal court technology fund [In this
article, a person is considered convicted if:
[(1) a sentence is imposed on the person;
[(2) the person is placed on community supervision,
including deferred adjudication community supervision; or
[(3) the court defers final disposition of the
person's case.
[(c) The municipal court clerk shall collect the costs and
pay the funds to the municipal treasurer, or to any other official
who discharges the duties commonly delegated to the municipal
treasurer, for deposit in a fund to be known as the municipal court
technology fund.
[(d) A fund designated by this article] may be used only to
finance the purchase of or to maintain technological enhancements
for a municipal court or municipal court of record, including:
(1) computer systems;
(2) computer networks;
(3) computer hardware;
(4) computer software;
(5) imaging systems;
(6) electronic kiosks;
(7) electronic ticket writers; and
(8) docket management systems.
(c) [(e)] The municipal court technology fund shall be
administered by or under the direction of the governing body of the
municipality.
SECTION 1.10. Article 102.0173, Code of Criminal Procedure,
is amended to read as follows:
Art. 102.0173. [COURT COSTS;] JUSTICE COURT TECHNOLOGY
FUND. (a) The [commissioners court of a county by order shall
create a] justice court technology fund is a fund in the county
treasury. The fund consists of money allocated to the fund under
Section 134.103, Local Government Code. [A defendant convicted of
a misdemeanor offense in justice court shall pay a $4 justice court
technology fee as a cost of court for deposit in the fund.]
(b) Money in the justice court technology [In this article,
a person is considered convicted if:
[(1) a sentence is imposed on the person; or
[(2) the court defers final disposition of the
person's case.
[(c) The justice court clerk shall collect the costs and pay
the funds to the county treasurer, or to any other official who
discharges the duties commonly delegated to the county treasurer,
for deposit in a fund to be known as the justice court technology
fund.
[(d) A] fund [designated by this article] may be used only
to finance:
(1) the cost of continuing education and training for
justice court judges and clerks regarding technological
enhancements for justice courts; and
(2) the purchase and maintenance of technological
enhancements for a justice court, including:
(A) computer systems;
(B) computer networks;
(C) computer hardware;
(D) computer software;
(E) imaging systems;
(F) electronic kiosks;
(G) electronic ticket writers; and
(H) docket management systems.
(c) [(e)] The justice court technology fund shall be
administered by or under the direction of the commissioners court
of the county.
(d) [(f)] A justice court may, subject to the approval of
the commissioners court, use a fund designated by this article to
assist a constable's office or other county department with a
technological enhancement, or cost related to the enhancement,
described by Subsection (b)(1) [(d)(1)] or (2) if the enhancement
directly relates to the operation or efficiency of the justice
court. This subsection applies only to a county that:
(1) has a population of 125,000 or more;
(2) is not adjacent to a county of two million or more;
(3) contains a portion of the Guadalupe River; and
(4) contains a portion of Interstate Highway 10.
SECTION 1.11. The heading to Section 51.702, Government
Code, is amended to read as follows:
Sec. 51.702. ADDITIONAL FEES [AND COSTS] IN STATUTORY
COUNTY COURTS.
SECTION 1.12. Sections 51.702(c), (d), and (e), Government
Code, are amended to read as follows:
(c) Fees [Court costs and fees] due under this section shall
be collected in the same manner as other fees, fines, or costs are
collected in the case.
(d) The clerk shall deposit the fees [and costs] collected
under this section to be sent to the comptroller as provided by
Subchapter B, Chapter 133, Local Government Code. The comptroller
shall deposit the fees in the judicial fund.
(e) Section 51.320 applies to a fee [or cost] collected
under this section.
SECTION 1.13. The heading to Section 51.703, Government
Code, is amended to read as follows:
Sec. 51.703. ADDITIONAL FEES [AND COSTS] IN CERTAIN COUNTY
COURTS.
SECTION 1.14. Sections 51.703(c), (d), and (e), Government
Code, are amended to read as follows:
(c) Fees [Court costs and fees] due under this section shall
be collected in the same manner as other fees, fines, or costs are
collected in the case.
(d) The clerk shall deposit the fees [and costs] collected
under this section to be sent to the comptroller as provided by
Subchapter B, Chapter 133, Local Government Code. The comptroller
shall deposit the fees in the judicial fund.
(e) Section 51.320 applies to a fee [or cost] collected
under this section.
SECTION 1.15. Sections 51.851(e), (f), (g), (i), (j), and
(k), Government Code, are amended to read as follows:
(e) A court may waive payment of a [court cost or] fee due
under this section for an individual the court determines is
indigent.
(f) Fees [Court costs and fees] due under this section shall
be collected in the same manner as other fees, fines, or costs in
the case.
(g) The clerk of a district court, a county court, a
statutory county court, a statutory probate court, or a justice
court shall deposit the [court costs and] fees collected under this
section in the appropriate local treasury and remit the [court
costs and] fees to the comptroller in the manner provided by
Subchapter B, Chapter 133, Local Government Code.
(i) The comptroller shall deposit the [court costs and] fees
received under this section to the credit of the statewide
electronic filing system fund established under Section 51.852.
(j) The comptroller may audit the records of a county
related to [costs and] fees collected under this section.
(k) Money spent from [costs and] fees collected under this
section is subject to audit by the state auditor.
SECTION 1.16. Section 411.402(a), Government Code, is
amended to read as follows:
(a) Fees collected under Section 133.102(e)(9)
[133.102(e)(11)], Local Government Code, may only:
(1) be used for the planning, development, provision,
enhancement, or ongoing maintenance of an interoperable statewide
emergency radio infrastructure;
(2) be used in accordance with the statewide
integrated public safety radio communications plan developed under
Subchapter F, Chapter 421;
(3) be used for the development of a regional or state
interoperable radio communication system;
(4) be distributed as grants by the department to:
(A) regional councils of government that have
entered into interlocal agreements authorized under state law; and
(B) state agencies requiring emergency radio
infrastructure; or
(5) be used for other public safety purposes.
SECTION 1.17. Section 411.403(b), Government Code, is
amended to read as follows:
(b) The account consists of[:
[(1)] fees deposited in the account as provided by
Section 133.102(e)(9) [133.102(e)(11)], Local Government Code[;
and
[(2) notwithstanding Section 404.071, all interest
attributable to money held in the account].
SECTION 1.18. The drug court account in the general revenue
fund established under Article 102.0178(g), Code of Criminal
Procedure, as repealed by this Act, is redesignated as the
specialty court account in the general revenue fund.
SECTION 1.19. The following provisions are repealed:
(1) Article 102.004, Code of Criminal Procedure;
(2) Article 102.0045, Code of Criminal Procedure;
(3) Article 102.005, Code of Criminal Procedure;
(4) Articles 102.008(a), (c), and (d), Code of
Criminal Procedure;
(5) Article 102.0174, Code of Criminal Procedure;
(6) Article 102.0178, Code of Criminal Procedure;
(7) Article 102.020, Code of Criminal Procedure;
(8) Section 21.007, Government Code;
(9) Section 51.702(b), Government Code;
(10) Section 51.703(b), Government Code;
(11) Sections 51.851(a) and (d), Government Code;
(12) Section 133.105, Local Government Code;
(13) Section 133.107, Local Government Code; and
(14) Sections 706.007(b), (c), and (e),
Transportation Code.
ARTICLE 2. FINES; REIMBURSEMENT FEES
SECTION 2.01. Section 106.12(e), Alcoholic Beverage Code,
is amended to read as follows:
(e) The court shall charge an applicant a reimbursement fee
in the amount of $30 for each application for expunction filed under
this section to defray the cost of notifying state agencies of
orders of expunction under this section.
SECTION 2.02. Section 4, Article 17.42, Code of Criminal
Procedure, is amended to read as follows:
Sec. 4. (a) Except as otherwise provided by this
subsection, if a court releases an accused on personal bond on the
recommendation of a personal bond office, the court shall assess a
personal bond reimbursement fee of $20 or three percent of the
amount of the bail fixed for the accused, whichever is greater. The
court may waive the fee or assess a lesser fee if good cause is
shown. A court that requires a defendant to give a personal bond
under Article 45.016 may not assess a personal bond fee under this
subsection.
(b) Reimbursement fees [Fees] collected under this article
may be used solely to defray expenses of the personal bond office,
including defraying the expenses of extradition.
(c) Reimbursement fees [Fees] collected under this article
shall be deposited in the county treasury, or if the office serves
more than one county, the fees shall be apportioned to each county
in the district according to each county's pro rata share of the
costs of the office.
SECTION 2.03. Article 17.43(b), Code of Criminal Procedure,
is amended to read as follows:
(b) Cost of monitoring may be assessed as reimbursement fees
[court costs] or ordered paid directly by the defendant as a
condition of bond.
SECTION 2.04. Articles 17.44(c) and (e), Code of Criminal
Procedure, are amended to read as follows:
(c) The magistrate may revoke the bond and order the
defendant arrested if the defendant:
(1) violates a condition of home confinement and
electronic monitoring;
(2) refuses to submit to a test for controlled
substances or submits to a test for controlled substances and the
test indicates the presence of a controlled substance in the
defendant's body; or
(3) fails to pay the reimbursement fee for [costs of]
monitoring or testing for controlled substances, if payment is
ordered under Subsection (e) as a condition of bond and the
magistrate determines that the defendant is not indigent and is
financially able to make the payments as ordered.
(e) The cost of electronic monitoring or testing for
controlled substances under this article may be assessed as a
reimbursement fee [court costs] or ordered paid directly by the
defendant as a condition of bond.
SECTION 2.05. Article 17.441(d), Code of Criminal
Procedure, is amended to read as follows:
(d) The magistrate may designate an appropriate agency to
verify the installation of the device and to monitor the device. If
the magistrate designates an agency under this subsection, in each
month during which the agency verifies the installation of the
device or provides a monitoring service the defendant shall pay a
reimbursement fee to the designated agency in the amount set by the
magistrate. The defendant shall pay the initial reimbursement fee
at the time the agency verifies the installation of the device. In
each subsequent month during which the defendant is required to pay
a reimbursement fee the defendant shall pay the fee on the first
occasion in that month that the agency provides a monitoring
service. The magistrate shall set the fee in an amount not to
exceed $10 as determined by the county auditor, or by the
commissioners court of the county if the county does not have a
county auditor, to be sufficient to cover the cost incurred by the
designated agency in conducting the verification or providing the
monitoring service, as applicable in that county.
SECTION 2.06. Articles 17.49(b) and (h), Code of Criminal
Procedure, are amended to read as follows:
(b) A magistrate may require as a condition of release on
bond that a defendant charged with an offense involving family
violence:
(1) refrain from going to or near a residence, school,
place of employment, or other location, as specifically described
in the bond, frequented by an alleged victim of the offense;
(2) carry or wear a global positioning monitoring
system device and, except as provided by Subsection (h), pay a
reimbursement fee for the costs associated with operating that
system in relation to the defendant; or
(3) except as provided by Subsection (h), if the
alleged victim of the offense consents after receiving the
information described by Subsection (d), pay a reimbursement fee
for the costs associated with providing the victim with an
electronic receptor device that:
(A) is capable of receiving the global
positioning monitoring system information from the device carried
or worn by the defendant; and
(B) notifies the victim if the defendant is at or
near a location that the defendant has been ordered to refrain from
going to or near under Subdivision (1).
(h) If the magistrate determines that a defendant is
indigent, the magistrate may, based on a sliding scale established
by local rule, require the defendant to pay a reimbursement fee
[costs] under Subsection (b)(2) or (3) in an amount that is less
than the full amount of the costs associated with operating the
global positioning monitoring system in relation to the defendant
or providing the victim with an electronic receptor device.
SECTION 2.07. Articles 26.05(f) and (g), Code of Criminal
Procedure, are amended to read as follows:
(f) All payments made under this article shall be paid from
the general fund of the county in which the prosecution was
instituted or habeas corpus hearing held and may be included as
reimbursement fees [costs of court].
(g) If the judge determines that a defendant has financial
resources that enable the defendant to offset in part or in whole
the costs of the legal services provided to the defendant in
accordance with Article 1.051(c) or (d), including any expenses and
costs, the judge shall order the defendant to pay during the
pendency of the charges or, if convicted, as a reimbursement fee
[court costs] the amount that the judge finds the defendant is able
to pay. The defendant may not be ordered to pay an amount that
exceeds:
(1) the actual costs, including any expenses and
costs, paid by the county for the legal services provided by an
appointed attorney; or
(2) if the defendant was represented by a public
defender's office, the actual amount, including any expenses and
costs, that would have otherwise been paid to an appointed attorney
had the county not had a public defender's office.
SECTION 2.08. The heading to Article 37.073, Code of
Criminal Procedure, is amended to read as follows:
Art. 37.073. REPAYMENT OF REWARDS; FINES.
SECTION 2.09. Article 37.073(a), Code of Criminal
Procedure, is amended to read as follows:
(a) After a defendant has been convicted of a felony
offense, the judge may order a defendant to pay a fine repaying
[repay] all or part of a reward paid by a crime stoppers
organization.
SECTION 2.10. Articles 42.152(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) If a judge orders a defendant to pay a fine repaying
[repay] a reward or part of a reward under Article 37.073 [of this
code], the court shall assess this fine [cost] against the
defendant in the same manner as other fines [costs of prosecution]
are assessed against a defendant. The court may order the defendant
to:
(1) pay the entire amount required when sentence is
pronounced;
(2) pay the entire amount required at a later date
specified by the court; or
(3) pay specified portions of the required amount at
designated intervals.
(b) After receiving a payment of a fine from a person
ordered to make the payment under this article, the clerk of the
court or fee officer shall:
(1) make a record of the payment;
(2) deduct a one-time $7 processing fee from the
payment [reward repayment];
(3) forward the payment to the designated crime
stoppers organization; and
(4) make a record of the forwarding of the payment.
SECTION 2.11. Article 42A.301(b), Code of Criminal
Procedure, is amended to read as follows:
(b) Conditions of community supervision may include
conditions requiring the defendant to:
(1) commit no offense against the laws of this state or
of any other state or of the United States;
(2) avoid injurious or vicious habits;
(3) avoid persons or places of disreputable or harmful
character, including any person, other than a family member of the
defendant, who is an active member of a criminal street gang;
(4) report to the supervision officer as directed by
the judge or supervision officer and obey all rules and regulations
of the community supervision and corrections department;
(5) permit the supervision officer to visit the
defendant at the defendant's home or elsewhere;
(6) work faithfully at suitable employment to the
extent possible;
(7) remain within a specified place;
(8) pay in one or more amounts:
(A) the defendant's fine, if one is assessed; and
(B) all court costs, regardless of whether a fine
is assessed;
(9) support the defendant's dependents;
(10) participate, for a period specified by the judge,
in any community-based program, including a community service
project under Article 42A.304;
(11) if the judge determines that the defendant has
financial resources that enable the defendant to offset in part or
in whole the costs of the legal services provided to the defendant
in accordance with Article 1.051(c) or (d), including any expenses
and costs, reimburse the county in which the prosecution was
instituted for the costs of the legal services in an amount that the
judge finds the defendant is able to pay, except that the defendant
may not be ordered to pay an amount that exceeds:
(A) the actual costs, including any expenses and
costs, paid by the county for the legal services provided by an
appointed attorney; or
(B) if the defendant was represented by a public
defender's office, the actual amount, including any expenses and
costs, that would have otherwise been paid to an appointed attorney
had the county not had a public defender's office;
(12) if under custodial supervision in a community
corrections facility:
(A) remain under that supervision;
(B) obey all rules and regulations of the
facility; and
(C) pay a percentage of the defendant's income
to[:
[(i)] the facility for room and board; [and
[(ii) the defendant's dependents for their
support during the period of custodial supervision;]
(13) submit to testing for alcohol or controlled
substances;
(14) attend counseling sessions for substance abusers
or participate in substance abuse treatment services in a program
or facility approved or licensed by the Department of State Health
Services;
(15) with the consent of the victim of a misdemeanor
offense or of any offense under Title 7, Penal Code, participate in
victim-defendant mediation;
(16) submit to electronic monitoring;
(17) reimburse the compensation to victims of crime
fund for any amounts paid from that fund to or on behalf of a victim,
as defined by Article 56.32, of the offense or if no reimbursement
is required, make one payment to the compensation to victims of
crime fund in an amount not to exceed $50 if the offense is a
misdemeanor or not to exceed $100 if the offense is a felony;
(18) reimburse a law enforcement agency for the
analysis, storage, or disposal of raw materials, controlled
substances, chemical precursors, drug paraphernalia, or other
materials seized in connection with the offense;
(19) reimburse [pay] all or part of the reasonable and
necessary costs incurred by the victim for psychological counseling
made necessary by the offense or for counseling and education
relating to acquired immune deficiency syndrome or human
immunodeficiency virus made necessary by the offense;
(20) pay a fine [make one payment] in an amount not to
exceed $50 to a crime stoppers organization, as defined by Section
414.001, Government Code, and as certified by the Texas Crime
Stoppers Council;
(21) submit a DNA sample to the Department of Public
Safety under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant; and
(22) in any manner required by the judge, provide in
the county in which the offense was committed public notice of the
offense for which the defendant was placed on community
supervision[; and
[(23) reimburse the county in which the prosecution
was instituted for compensation paid to any interpreter in the
case].
SECTION 2.12. Article 42A.452, Code of Criminal Procedure,
is amended to read as follows:
Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR
REHABILITATION. A judge who grants community supervision to a sex
offender evaluated under Article 42A.258 may require the sex
offender as a condition of community supervision to submit to
treatment, specialized supervision, or rehabilitation according to
offense-specific standards of practice adopted by the Council on
Sex Offender Treatment. On a finding that the defendant is
financially able to make payment, the judge shall require the
defendant to pay a reimbursement fee for all or part of the
reasonable and necessary costs of the treatment, supervision, or
rehabilitation.
SECTION 2.13. Article 42A.455, Code of Criminal Procedure,
is amended to read as follows:
Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER. A
judge who grants community supervision to a defendant charged with
or convicted of an offense under Section 21.11 or 22.011(a)(2),
Penal Code, may require the defendant to pay a fine [make one
payment] in an amount not to exceed $50 to a children's advocacy
center established under Subchapter E, Chapter 264, Family Code.
SECTION 2.14. Article 42A.504(b), Code of Criminal
Procedure, is amended to read as follows:
(b) If a judge grants community supervision to a defendant
convicted of an offense under Title 5, Penal Code, that the court
determines involves family violence, the judge shall require the
defendant to pay a fine of $100 to a family violence center that:
(1) receives state or federal funds; and
(2) serves the county in which the court is located.
SECTION 2.15. Article 42A.652, Code of Criminal Procedure,
is amended to read as follows:
Art. 42A.652. MONTHLY REIMBURSEMENT FEE. (a) Except as
otherwise provided by this article, a judge who grants community
supervision to a defendant shall set a reimbursement fee of not less
than $25 and not more than $60 to be paid each month during the
period of community supervision by the defendant to:
(1) the court of original jurisdiction; or
(2) the court accepting jurisdiction of the
defendant's case, if jurisdiction is transferred under Article
42A.151.
(b) The judge may make payment of the monthly reimbursement
fee a condition of granting or continuing the community
supervision. The judge may waive or reduce the reimbursement fee or
suspend a monthly payment of the fee if the judge determines that
payment of the reimbursement fee would cause the defendant a
significant financial hardship.
(c) A court accepting jurisdiction of a defendant's case
under Article 42A.151 shall enter an order directing the defendant
to pay the monthly reimbursement fee to that court instead of to the
court of original jurisdiction. To the extent of any conflict
between an order issued under this subsection and an order issued by
a court of original jurisdiction, the order entered under this
subsection prevails.
(d) A judge who receives a defendant for supervision as
authorized by Section 510.017, Government Code, may require the
defendant to pay the reimbursement fee authorized by this article.
(e) A judge may not require a defendant to pay the
reimbursement fee under this article for any month after the period
of community supervision has been terminated by the judge under
Article 42A.701.
(f) A judge shall deposit any reimbursement fee received
under this article in the special fund of the county treasury, to be
used for the same purposes for which state aid may be used under
Chapter 76, Government Code.
SECTION 2.16. Article 42A.653, Code of Criminal Procedure,
is amended to read as follows:
Art. 42A.653. ADDITIONAL MONTHLY FINE [FEE] FOR CERTAIN SEX
OFFENDERS. (a) A judge who grants community supervision to a
defendant convicted of an offense under Section 21.08, 21.11,
22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require
as a condition of community supervision that the defendant pay to
the defendant's supervision officer a community supervision fine
[fee] of $5 each month during the period of community supervision.
(b) A fine [fee] imposed under this article is in addition
to court costs or any other fee or fine imposed on the defendant.
(c) A community supervision and corrections department
shall deposit a fine [fee] collected under this article to be sent
to the comptroller as provided by Subchapter B, Chapter 133, Local
Government Code. The comptroller shall deposit the fine [fee] in
the sexual assault program fund under Section 420.008, Government
Code.
(d) If a community supervision and corrections department
does not collect a fine [fee] imposed under this article, the
department is not required to file any report required by the
comptroller that relates to the collection of the fine [fee].
SECTION 2.17. Article 45.0216(i), Code of Criminal
Procedure, is amended to read as follows:
(i) The justice or municipal court shall require a person
who requests expungement under this article to pay a reimbursement
fee in the amount of $30 to defray the cost of notifying state
agencies of orders of expungement under this article.
SECTION 2.18. Articles 45.026(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) A justice or municipal court may order a party who does
not waive a jury trial in a justice or municipal court and who fails
to appear for the trial to pay a reimbursement fee for the costs
incurred for impaneling the jury.
(b) The justice or municipal court may release a party from
the obligation to pay the reimbursement fee [costs] under this
section for good cause.
SECTION 2.19. Articles 45.051(a), (b), (b-2), (b-3), and
(g), Code of Criminal Procedure, are amended to read as follows:
(a) On a plea of guilty or nolo contendere by a defendant or
on a finding of guilt in a misdemeanor case punishable by fine only
and payment of all court costs, the judge may defer further
proceedings without entering an adjudication of guilt and place the
defendant on probation for a period not to exceed 180 days. In
issuing the order of deferral, the judge may impose a fine [special
expense fee] on the defendant in an amount not to exceed the amount
of the fine that could be imposed on the defendant as punishment for
the offense. The fine [special expense fee] may be collected at any
time before the date on which the period of probation ends. The
judge may elect not to impose the fine [special expense fee] for
good cause shown by the defendant. If the judge orders the
collection of a fine under this subsection [special expense fee],
the judge shall require that the amount of the fine [special expense
fee] be credited toward the payment of the amount of any [the] fine
imposed by the judge as punishment for the offense. An order of
deferral under this subsection terminates any liability under a
bond given for the charge.
(b) During the deferral period, the judge may require the
defendant to:
(1) post a bond in the amount of the fine assessed as
punishment for the offense to secure payment of the fine;
(2) pay restitution to the victim of the offense in an
amount not to exceed the fine assessed as punishment for the
offense;
(3) submit to professional counseling;
(4) submit to diagnostic testing for alcohol or a
controlled substance or drug;
(5) submit to a psychosocial assessment;
(6) participate in an alcohol or drug abuse treatment
or education program, such as:
(A) a drug education program that is designed to
educate persons on the dangers of drug abuse and is approved by the
Department of State Health Services in accordance with Section
521.374, Transportation Code; or
(B) an alcohol awareness program described by
Section 106.115, Alcoholic Beverage Code;
(7) pay as reimbursement fees the costs of any
diagnostic testing, psychosocial assessment, or participation in a
treatment or education program either directly or through the court
as court costs;
(8) complete a driving safety course approved under
Chapter 1001, Education Code, or another course as directed by the
judge;
(9) present to the court satisfactory evidence that
the defendant has complied with each requirement imposed by the
judge under this article; and
(10) comply with any other reasonable condition.
(b-2) A person examined as required by Subsection (b-1)(3)
must pay a $10 reimbursement fee for the examination [fee].
(b-3) The reimbursement fee collected under Subsection
(b-2) must be deposited to the credit of a special account in the
general revenue fund and may be used only by the Department of
Public Safety for the administration of Chapter 521, Transportation
Code.
(g) If a judge requires a defendant under Subsection (b) to
attend an alcohol awareness program or drug education program as
described by Subdivision (6) of that subsection, unless the judge
determines that the defendant is indigent and unable to pay the
cost, the judge shall require the defendant to pay a reimbursement
fee for the cost of attending the program. The judge may allow the
defendant to pay the fee [cost of attending the program] in
installments during the deferral period.
SECTION 2.20. Article 45.051(a-1), Code of Criminal
Procedure, as amended by Chapters 227 (H.B. 350) and 777
(H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011,
is reenacted and amended to read as follows:
(a-1) Notwithstanding any other provision of law, as an
alternative to requiring a defendant charged with one or more
offenses to make payment of all fines and court costs as required by
Subsection (a), the judge may:
(1) allow the defendant to enter into an agreement for
payment of those fines and costs in installments during the
defendant's period of probation;
(2) require an eligible defendant to discharge all or
part of those fines and costs by performing community service or
attending a tutoring program under Article 45.049 or under Article
45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd
Legislature, Regular Session, 2011; [or]
(3) waive all or part of those fines and costs under
Article 45.0491; or
(4) take any combination of actions authorized by
Subdivision (1), [or] (2), or (3).
SECTION 2.21. Articles 45.0511(c-1), (f), (g), and (h),
Code of Criminal Procedure, are amended to read as follows:
(c-1) In this subsection, "state electronic Internet
portal" has the meaning assigned by Section 2054.003, Government
Code. As an alternative to receiving the defendant's driving
record under Subsection (c)(2), the judge, at the time the
defendant requests a driving safety course or motorcycle operator
training course dismissal under this article, may require the
defendant to pay a reimbursement fee in an amount equal to the sum
of the amount of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal fee
and, using the state electronic Internet portal, may request the
Texas Department of Public Safety to provide the judge with a copy
of the defendant's driving record that shows the information
described by Section 521.047(b), Transportation Code. As soon as
practicable and using the state electronic Internet portal, the
Texas Department of Public Safety shall provide the judge with the
requested copy of the defendant's driving record. The
reimbursement fee authorized by this subsection is in addition to
any other fee required under this article. If the copy of the
defendant's driving record provided to the judge under this
subsection shows that the defendant has not completed an approved
driving safety course or motorcycle operator training course, as
appropriate, within the 12 months preceding the date of the
offense, the judge shall allow the defendant to complete the
appropriate course as provided by this article. The custodian of a
municipal or county treasury who receives reimbursement fees
collected under this subsection shall keep a record of the fees and,
without deduction or proration, forward the fees to the
comptroller, with and in the manner required for other fees and
costs received in connection with criminal cases. The comptroller
shall credit fees received under this subsection to the Texas
Department of Public Safety.
(f) In addition to court costs and fees authorized or
imposed by a law of this state and applicable to the offense, the
court may:
(1) require a defendant requesting a course under
Subsection (b) to pay a reimbursement [an administrative] fee [set
by the court] to cover the cost of administering this article in
[at] an amount of not more than $10; or
(2) require a defendant requesting a course under
Subsection (d) to pay a fine [fee] set by the court at an amount not
to exceed the maximum amount of the fine for the offense committed
by the defendant.
(g) A defendant who requests but does not take a course is
not entitled to a refund of the reimbursement fee or fine assessed
under Subsection (f).
(h) Money [Fees] collected by a municipal court shall be
deposited in the municipal treasury. Money [Fees] collected by
another court shall be deposited in the county treasury of the
county in which the court is located.
SECTION 2.22. Articles 45.052(e), (g), and (i), Code of
Criminal Procedure, are amended to read as follows:
(e) The justice or municipal court may require a person who
requests a teen court program to pay a reimbursement fee not to
exceed $10 that is set by the court to cover the costs of
administering this article. Reimbursement fees [Fees] collected by
a municipal court shall be deposited in the municipal treasury.
Reimbursement fees [Fees] collected by a justice court shall be
deposited in the county treasury of the county in which the court is
located. A person who requests a teen court program and fails to
complete the program is not entitled to a refund of the fee.
(g) In addition to the reimbursement fee authorized by
Subsection (e) [of this article], the court may require a child who
requests a teen court program to pay a $10 reimbursement fee to
cover the cost to the teen court for performing its duties under
this article. The court shall pay the fee to the teen court
program, and the teen court program must account to the court for
the receipt and disbursal of the fee. A child who pays a fee under
this subsection is not entitled to a refund of the fee, regardless
of whether the child successfully completes the teen court program.
(i) Notwithstanding Subsection (e) or (g), a justice or
municipal court that is located in the Texas-Louisiana border
region, as defined by Section 2056.002, Government Code, may charge
a reimbursement fee of $20 under those subsections.
SECTION 2.23. The heading to Article 45.203, Code of
Criminal Procedure, is amended to read as follows:
Art. 45.203. COLLECTION OF FINES AND[,] COSTS[, AND SPECIAL
EXPENSES].
SECTION 2.24. Article 45.203(c), Code of Criminal
Procedure, is amended to read as follows:
(c) The governing body of each municipality may prescribe by
ordinance the collection, after due notice, of a fine [special
expense,] not to exceed $25 for [the issuance and service of a
warrant of arrest for] an offense under Section 38.10(e) [38.10],
Penal Code, or Section 543.009, Transportation Code. Money
collected from the fine [special expense] shall be paid into the
municipal treasury for the use and benefit of the municipality.
SECTION 2.25. The heading to Article 102.001, Code of
Criminal Procedure, is amended to read as follows:
Art. 102.001. REIMBURSEMENT FEES FOR SERVICES OF PEACE
OFFICERS.
SECTION 2.26. Article 102.001(b), Code of Criminal
Procedure, is amended to read as follows:
(b) A [In addition to fees provided by Subsection (a), a]
defendant required to pay reimbursement fees under this article
shall [also] pay 15 cents per mile for mileage required of an
officer to perform a service listed in this subsection and to return
from performing that service. If the service provided is the
execution of a writ and the writ is directed to two or more persons
or the officer executes more than one writ in a case, the defendant
is required to pay only mileage actually and necessarily traveled.
In calculating mileage, the officer must use the railroad or the
most practical route by private conveyance. This subsection
applies to:
(1) conveying a prisoner after conviction to the
county jail;
(2) conveying a prisoner arrested on a warrant or
capias issued in another county to the court or jail of the county
in which the warrant or capias was issued; and
(3) traveling to execute criminal process, to summon
or attach a witness, and to execute process not otherwise described
by this article.
SECTION 2.27. Article 102.007, Code of Criminal Procedure,
is amended to read as follows:
Art. 102.007. REIMBURSEMENT FEE FOR COLLECTING AND
PROCESSING CHECK OR SIMILAR SIGHT ORDER. (a) A county attorney,
district attorney, or criminal district attorney may collect a
reimbursement fee if the attorney's office collects and processes a
check or similar sight order, as defined by Section 1.07, Penal
Code, and [if] the check or similar sight order:
(1) has been issued or passed in a manner that makes
the issuance or passing an offense under:
(A) Section 31.03, Penal Code;
(B) Section 31.04, Penal Code; or
(C) Section 32.41, Penal Code; or
(2) has been forged, as defined by Section 32.21,
Penal Code.
(b) The county attorney, district attorney, or criminal
district attorney may collect the reimbursement fee from any person
who is a party to the offense described in Subsection (a).
(c) The amount of the reimbursement fee may not exceed:
(1) $10 if the face amount of the check or sight order
does not exceed $10;
(2) $15 if the face amount of the check or sight order
is greater than $10 but does not exceed $100;
(3) $30 if the face amount of the check or sight order
is greater than $100 but does not exceed $300;
(4) $50 if the face amount of the check or sight order
is greater than $300 but does not exceed $500; and
(5) $75 if the face amount of the check or sight order
is greater than $500.
(d) If the person from whom the reimbursement fee is
collected was a party to the offense of forgery, as defined by
Section 32.21, Penal Code, committed by altering the face amount of
the check or sight order, the face amount as altered governs for the
purposes of determining the amount of the fee.
(e) In addition to the reimbursement [collection] fee
specified in Subsection (c), the county attorney, district
attorney, or criminal district attorney may collect the fee
authorized by Section 3.506, Business & Commerce Code, for the
benefit of the holder of a check or similar sight order or the
holder's assignee, agent, representative, or any other person
retained by the holder to seek collection of the check or order.
(f) Reimbursement fees [Fees] collected under Subsection
(c) [of this article] shall be deposited in the county treasury in a
special fund to be administered by the county attorney, district
attorney, or criminal district attorney. Expenditures from this
fund shall be at the sole discretion of the attorney and may be used
only to defray the salaries and expenses of the prosecutor's
office, but in no event may the county attorney, district attorney,
or criminal district attorney supplement his or her own salary from
this fund.
(g) In addition to the reimbursement [collection] fee
specified in Subsections (b) and (c), the issuer of a check or
similar sight order that has been issued or passed as described by
Subsection (a)(1) is liable for a reimbursement fee in an amount
equal to the costs of delivering notification by registered or
certified mail with return receipt requested. The reimbursement
fee under this subsection must be collected in all cases described
by Subsection (a)(1), and on receipt of proof of the actual costs
expended, the fee shall be remitted to the holder of the check or
similar sight order.
SECTION 2.28. The heading to Article 102.011, Code of
Criminal Procedure, is amended to read as follows:
Art. 102.011. REIMBURSEMENT FEES FOR SERVICES OF PEACE
OFFICERS.
SECTION 2.29. Articles 102.011(a), (b), (c), (d), (e), and
(i), Code of Criminal Procedure, are amended to read as follows:
(a) A defendant convicted of a felony or a misdemeanor shall
pay the following reimbursement 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.
(b) In addition to the reimbursement fees provided by
Subsection (a) [of this article], a defendant required to pay
reimbursement fees under this article shall also pay 29 cents per
mile for mileage required of an officer to perform a service listed
in this subsection and to return from performing that service. If
the service provided is the execution of a writ and the writ is
directed to two or more persons or the officer executes more than
one writ in a case, the defendant is required to pay only mileage
actually and necessarily traveled. In calculating mileage, the
officer must use the railroad or the most practical route by private
conveyance. The defendant shall also pay all necessary and
reasonable expenses for meals and lodging incurred by the officer
in the performance of services under this subsection, to the extent
such expenses meet the requirements of Section 611.001, Government
Code. This subsection applies to:
(1) conveying a prisoner after conviction to the
county jail;
(2) conveying a prisoner arrested on a warrant or
capias issued in another county to the court or jail of the county;
and
(3) traveling to execute criminal process, to summon
or attach a witness, and to execute process not otherwise described
by this article.
(c) If an officer attaches a witness on the order of a court
outside the county, the defendant shall pay a reimbursement fee of
$10 per day or part of a day spent by the officer conveying the
witness and actual necessary expenses for travel by the most
practical public conveyance. In order to receive expenses under
this subsection, the officer must make a sworn statement of the
expenses and the judge issuing the attachment must approve the
statement.
(d) A defendant shall pay for the services of a sheriff or
constable who serves process and attends an examining trial in a
felony or a misdemeanor case the same reimbursement fees allowed
for those services in the trial of a felony or a misdemeanor, not to
exceed $5.
(e) A reimbursement fee under Subsection (a)(1) or (2)
[(a)(2) of this article] shall be assessed on conviction,
regardless of whether the defendant was also arrested at the same
time for another offense, and shall be assessed for each arrest made
of a defendant arising out of the offense for which the defendant
has been convicted.
(i) In addition to reimbursement fees provided by
Subsections (a) through (e) [(g) of this article], a defendant
required to pay reimbursement fees under this article shall also
pay the costs of overtime paid to a peace officer for time spent
testifying in the trial of the case or for traveling to or from
testifying in the trial of the case.
SECTION 2.30. Article 102.012, Code of Criminal Procedure,
is amended to read as follows:
Art. 102.012. REIMBURSEMENT FEES FOR PRETRIAL INTERVENTION
PROGRAMS. (a) A court that authorizes a defendant to participate
in a pretrial intervention program established under Section
76.011, Government Code, may order the defendant to pay to the court
a supervision reimbursement fee in an amount not more than $60 per
month as a condition of participating in the program.
(b) In addition to or in lieu of the supervision
reimbursement fee authorized by Subsection (a), the court may order
the defendant to pay or reimburse a community supervision and
corrections department for any other expense that is:
(1) incurred as a result of the defendant's
participation in the pretrial intervention program, other than an
expense described by Article 102.0121; or
(2) necessary to the defendant's successful completion
of the program.
SECTION 2.31. Article 102.0121, Code of Criminal Procedure,
is amended to read as follows:
Art. 102.0121. REIMBURSEMENT FEES FOR CERTAIN EXPENSES
RELATED TO PRETRIAL INTERVENTION PROGRAMS. (a) A district
attorney, criminal district attorney, or county attorney may
collect a reimbursement fee in an amount not to exceed $500 to be
used to reimburse a county for expenses, including expenses of the
district attorney's, criminal district attorney's, or county
attorney's office, related to a defendant's participation in a
pretrial intervention program offered in that county.
(b) The district attorney, criminal district attorney, or
county attorney may collect the reimbursement fee from any
defendant who participates in a pretrial intervention program
administered in any part by the attorney's office.
(c) Reimbursement fees [Fees] collected under this article
shall be deposited in the county treasury in a special fund to be
used solely to administer the pretrial intervention program. An
expenditure from the fund may be made only in accordance with a
budget approved by the commissioners court.
SECTION 2.32. The heading to Article 102.014, Code of
Criminal Procedure, is amended to read as follows:
Art. 102.014. FINES [COURT COSTS] FOR CHILD SAFETY FUND IN
MUNICIPALITIES.
SECTION 2.33. Articles 102.014(a), (b), (c), (d), (f), (g),
and (h), Code of Criminal Procedure, are amended to read as follows:
(a) The governing body of a municipality with a population
greater than 850,000 according to the most recent federal decennial
census that has adopted an ordinance, regulation, or order
regulating the stopping, standing, or parking of vehicles as
allowed by Section 542.202, Transportation Code, or Chapter 682,
Transportation Code, shall by order assess [a court cost] on each
parking violation a fine of not less than $2 and not to exceed $5.
[The court costs under this subsection shall be collected in the
same manner that other fines in the case are collected.]
(b) The governing body of a municipality with a population
less than 850,000 according to the most recent federal decennial
census that has adopted an ordinance, regulation, or order
regulating the stopping, standing, or parking of vehicles as
allowed by Section 542.202, Transportation Code, or Chapter 682,
Transportation Code, may by order assess [a court cost] on each
parking violation a fine not to exceed $5. [The additional court
cost under this subsection shall be collected in the same manner
that other fines in the case are collected.]
(c) A person convicted of an offense under Subtitle C, Title
7, Transportation Code, when the offense occurs within a school
crossing zone as defined by Section 541.302 of that code, shall pay
a fine of [as court costs] $25 [in addition to other taxable court
costs]. A person convicted of an offense under Section 545.066,
Transportation Code, shall pay a fine of [as court costs] $25 in
addition to other taxable court costs. A fine [The additional court
costs] under this subsection [shall be collected in the same manner
that other fines and taxable court costs in the case are collected
and] shall be assessed only in a municipality.
(d) A person convicted of an offense under Section 25.093,
Education Code, shall pay a fine of [as taxable court costs] $20 [in
addition to other taxable court costs. The additional court costs
under this subsection shall be collected in the same manner that
other fines and taxable court costs in the case are collected].
(f) In a municipality with a population greater than 850,000
according to the most recent federal decennial census, the officer
collecting a fine [the costs] in a municipal court case shall
deposit money collected under this article in the municipal child
safety trust fund established as required by Chapter 106, Local
Government Code.
(g) In a municipality with a population less than 850,000
according to the most recent federal decennial census, the money
collected under this article in a municipal court case must be used
for a school crossing guard program if the municipality operates
one. If the municipality does not operate a school crossing guard
program or if the money received from fines [court costs] from
municipal court cases exceeds the amount necessary to fund the
school crossing guard program, the municipality may:
(1) deposit the additional money in an
interest-bearing account;
(2) expend the additional money for programs designed
to enhance child safety, health, or nutrition, including child
abuse prevention and intervention and drug and alcohol abuse
prevention; or
(3) expend the additional money for programs designed
to enhance public safety and security.
(h) Money collected under this article in a justice, county,
or district court shall be used to fund school crossing guard
programs in the county where they are collected. If the county does
not operate a school crossing guard program, the county may:
(1) remit fine [fee] revenues to school districts in
its jurisdiction for the purpose of providing school crossing guard
services;
(2) fund programs the county is authorized by law to
provide which are designed to enhance child safety, health, or
nutrition, including child abuse prevention and intervention and
drug and alcohol abuse prevention;
(3) provide funding to the sheriff's department for
school-related activities;
(4) provide funding to the county juvenile probation
department; or
(5) deposit the money in the general fund of the
county.
SECTION 2.34. The heading to Article 102.0171, Code of
Criminal Procedure, is amended to read as follows:
Art. 102.0171. FINES [COURT COSTS]: JUVENILE DELINQUENCY
PREVENTION FUNDS.
SECTION 2.35. Articles 102.0171(a) and (c), Code of
Criminal Procedure, are amended to read as follows:
(a) A defendant convicted of an offense under Section 28.08,
Penal Code, in a county court, county court at law, or district
court shall pay a fine of $50 for juvenile delinquency prevention
and graffiti eradication [fee as a cost of court].
(c) The clerks of the respective courts shall collect the
fines [costs] and pay the fines [them] to the county treasurer or to
any other official who discharges the duties commonly delegated to
the county treasurer for deposit in a fund to be known as the county
juvenile delinquency prevention fund. A fund designated by this
subsection may be used only to:
(1) repair damage caused by the commission of offenses
under Section 28.08, Penal Code;
(2) provide educational and intervention programs and
materials, including printed educational materials for
distribution to primary and secondary school students, designed to
prevent individuals from committing offenses under Section 28.08,
Penal Code;
(3) provide to the public rewards for identifying and
aiding in the apprehension and prosecution of offenders who commit
offenses under Section 28.08, Penal Code;
(4) provide funding for teen recognition and teen
recreation programs;
(5) provide funding for local teen court programs;
(6) provide funding for the local juvenile probation
department; and
(7) provide educational and intervention programs
designed to prevent juveniles from engaging in delinquent conduct.
SECTION 2.36. The heading to Article 102.018, Code of
Criminal Procedure, is amended to read as follows:
Art. 102.018. REIMBURSEMENT FEES AND EXPENSES [COSTS]
ATTENDANT TO INTOXICATION CONVICTIONS.
SECTION 2.37. Articles 102.018(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as provided by Subsection (d) [of this article],
on conviction of an offense relating to the driving or operating of
a motor vehicle under Section 49.04, Penal Code, the court shall
impose a reimbursement fee [cost] of $15 on a defendant if,
subsequent to the arrest of the defendant, a law enforcement agency
visually recorded the defendant with an electronic device.
Reimbursement fees [Costs] imposed under this subsection are in
addition to other court costs or fees and are due whether or not the
defendant is granted probation in the case. The court shall collect
the reimbursement fees [costs] in the same manner as other fees
[costs] are collected in the case.
(b) Except as provided by Subsection (d), on conviction of
an offense relating to the driving or operating of a motor vehicle
punishable under Section 49.04(b), Penal Code, the court shall
impose as a reimbursement fee [cost of court] on the defendant an
amount that is equal to the reimbursement fee [cost] of an
evaluation of the defendant performed under Article 42A.402(a).
Reimbursement fees [Costs] imposed under this subsection are in
addition to other court costs and are due whether or not the
defendant is granted community supervision in the case, except that
if the court determines that the defendant is indigent and unable to
pay the fee [cost], the court may waive the imposition of the fee
[cost].
SECTION 2.38. Article 102.0185, Code of Criminal Procedure,
is amended to read as follows:
Art. 102.0185. FINE FOR [ADDITIONAL COSTS ATTENDANT TO]
INTOXICATION CONVICTIONS: EMERGENCY MEDICAL SERVICES, TRAUMA
FACILITIES, AND TRAUMA CARE SYSTEMS. (a) In addition to the
reimbursement fee [costs on conviction] imposed by Article
[Articles 102.016 and] 102.018, a person convicted of an offense
under Chapter 49, Penal Code, except for Sections 49.02 and 49.031
of that code, shall pay a fine of $100 on conviction of the offense.
(b) Fines [Costs] imposed under this article are imposed
without regard to whether the defendant is placed on community
supervision after being convicted of the offense or receives
deferred disposition or deferred adjudication for the offense.
(c) Fines [Costs] imposed under this article are collected
in the manner provided for the collection of court costs by
Subchapter B, Chapter 133, Local Government Code.
(d) The officer collecting the fines [costs] under this
article shall keep separate records of the money collected and
shall pay the money to the custodian of the municipal or county
treasury.
(e) The custodian of the municipal or county treasury shall:
(1) keep records of the amount of money collected
under this article that is deposited with the treasury under this
article; and
(2) not later than the last day of the first month
following each calendar quarter:
(A) pay the money collected under this article
during the preceding calendar quarter to the comptroller; or
(B) if, in the calendar quarter, the custodian of
the municipal or county treasury did not receive any money
attributable to fines [costs] paid under this article, file a
report with the comptroller stating that fact.
(f) The comptroller shall deposit the funds received under
this article to the credit of the account established under Section
773.006, Health and Safety Code.
SECTION 2.39. The heading to Article 102.0186, Code of
Criminal Procedure, is amended to read as follows:
Art. 102.0186. FINE FOR [ADDITIONAL COSTS ATTENDANT TO]
CERTAIN CHILD SEXUAL ASSAULT AND RELATED CONVICTIONS.
SECTION 2.40. Articles 102.0186(a), (b), and (c), Code of
Criminal Procedure, are amended to read as follows:
(a) A person convicted of an offense under Section 21.02,
21.11, 22.011(a)(2), 22.021(a)(1)(B), 43.25, 43.251, or 43.26,
Penal Code, shall pay a fine of $100 on conviction of the offense.
(b) A fine [Costs] imposed under this article is [are]
imposed without regard to whether the defendant is placed on
community supervision after being convicted of the offense or
receives deferred adjudication for the offense.
(c) The clerks of the respective courts shall collect the
fines [costs] and pay the fines [them] to the county treasurer or to
any other official who discharges the duties commonly delegated to
the county treasurer for deposit in a fund to be known as the county
child abuse prevention fund. A fund designated by this subsection
may be used only to fund child abuse prevention programs in the
county where the court is located.
SECTION 2.41. Article 104.002(d), Code of Criminal
Procedure, is amended to read as follows:
(d) A person who is or was a prisoner in a county jail and
received medical, dental, or health related services from a county
or a hospital district shall be required to pay a reimbursement fee
for such services when they are rendered. If such prisoner is an
eligible county resident as defined in Section 61.002, Health and
Safety Code, the county or hospital district providing the services
has a right of subrogation to the prisoner's right of recovery from
any source, limited to the cost of services provided. A prisoner,
unless the prisoner fully pays for the cost of services received,
shall remain obligated to reimburse the county or hospital district
for any medical, dental, or health services provided, and the
county or hospital district may apply for reimbursement in the
manner provided by Chapter 61, Health and Safety Code. A county or
hospital district shall have authority to recover the amount
expended in a civil action.
SECTION 2.42. Sections 54.032(e), (g), and (h), Family
Code, are amended to read as follows:
(e) The court may require a child who requests a teen court
program to pay a reimbursement fee not to exceed $10 that is set by
the court to cover the costs of administering this section. The
court shall deposit the fee in the county treasury of the county in
which the court is located. A child who requests a teen court
program and does not complete the program is not entitled to a
refund of the fee.
(g) In addition to the reimbursement fee authorized by
Subsection (e), the court may require a child who requests a teen
court program to pay a $10 reimbursement fee to cover the cost to
the teen court for performing its duties under this section. The
court shall pay the fee to the teen court program, and the teen
court program must account to the court for the receipt and
disbursal of the fee. A child who pays a fee under this subsection
is not entitled to a refund of the fee, regardless of whether the
child successfully completes the teen court program.
(h) Notwithstanding Subsection (e) or (g), a juvenile court
that is located in the Texas-Louisiana border region, as defined by
Section 2056.002, Government Code, may charge a reimbursement fee
of $20 under those subsections.
SECTION 2.43. Sections 41.258(b), (c), (d), and (f),
Government Code, are amended to read as follows:
(b) A court, judge, magistrate, peace officer, or other
officer taking a bail bond for an offense other than a misdemeanor
punishable by fine only under Chapter 17, Code of Criminal
Procedure, shall require the payment of a $15 reimbursement fee
[cost] by each surety posting the bail bond, provided the fee [cost]
does not exceed $30 for all bail bonds posted at that time for an
individual and the fee [cost] is not required on the posting of a
personal or cash bond.
(c) An officer collecting a reimbursement fee [cost] under
this section shall deposit the fee [cost] in the county treasury in
accordance with Article 103.004, Code of Criminal Procedure.
(d) An officer who collects a reimbursement fee [cost] due
under this section shall:
(1) keep separate records of the funds collected; and
(2) file the reports required by Article 103.005, Code
of Criminal Procedure.
(f) A surety paying a reimbursement fee [cost] under
Subsection (b) may apply for and is entitled to a refund of the fee
[cost] not later than the 181st day after the date the state
declines to prosecute an individual or the grand jury declines to
indict an individual.
SECTION 2.44. The heading to Section 76.015, Government
Code, is amended to read as follows:
Sec. 76.015. REIMBURSEMENT [ADMINISTRATIVE] FEE.
SECTION 2.45. Section 76.015(c), Government Code, is
amended to read as follows:
(c) A department may assess a reasonable reimbursement
[administrative] fee of not less than $25 and not more than $60 per
month on an individual who participates in a program operated by the
department or receives services from the department and who is not
paying a monthly reimbursement fee under Article 42A.652, Code of
Criminal Procedure.
SECTION 2.46. Section 123.004, Government Code, is amended
to read as follows:
Sec. 123.004. REIMBURSEMENT FEES. (a) A drug court
program established under this chapter may collect from a
participant in the program:
(1) a reasonable reimbursement fee for the program
[fee] not to exceed $1,000; and
(2) an alcohol or controlled substance testing,
counseling, and treatment reimbursement fee in an amount necessary
to cover the costs of the testing, counseling, and treatment.
(b) Reimbursement fees [Fees] collected under this section
may be paid on a periodic basis or on a deferred payment schedule at
the discretion of the judge, magistrate, or coordinator. The fees
must be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
SECTION 2.47. Section 124.005, Government Code, is amended
to read as follows:
Sec. 124.005. REIMBURSEMENT FEES. (a) A veterans
treatment court program established under this chapter may collect
from a participant in the program:
(1) a reasonable reimbursement fee for the program
[fee] not to exceed $1,000; and
(2) a testing, counseling, and treatment
reimbursement fee in an amount necessary to cover the costs of any
testing, counseling, or treatment performed or provided under the
program.
(b) Reimbursement fees [Fees] collected under this section
may be paid on a periodic basis or on a deferred payment schedule at
the discretion of the judge, magistrate, or coordinator. The fees
must be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
SECTION 2.48. Section 126.006, Government Code, is amended
to read as follows:
Sec. 126.006. REIMBURSEMENT FEES. (a) A commercially
sexually exploited persons court program established under this
chapter may collect from a participant in the program a
nonrefundable reimbursement fee for the program [fee] in a
reasonable amount not to exceed $1,000, from which the following
must be paid:
(1) a counseling and services reimbursement fee in an
amount necessary to cover the costs of the counseling and services
provided by the program; and
(2) [a victim services fee in an amount equal to 10
percent of the amount paid under Subdivision (1), to be deposited to
the credit of the general revenue fund to be appropriated only to
cover costs associated with the grant program described by Section
531.383; and
[(3)] a law enforcement training reimbursement fee, in
an amount equal to five percent of the total amount paid under
Subdivision (1), to be deposited to the credit of the treasury of
the county or municipality that established the program to cover
costs associated with the provision of training to law enforcement
personnel on domestic violence, prostitution, and the trafficking
of persons.
(b) Reimbursement fees [Fees] collected under this section
may be paid on a periodic basis or on a deferred payment schedule at
the discretion of the judge, magistrate, or coordinator. The fees
must be based on the participant's ability to pay.
SECTION 2.49. Section 129.006, Government Code, is amended
to read as follows:
Sec. 129.006. REIMBURSEMENT FEES. (a) A public safety
employees treatment court program established under this chapter
may collect from a participant in the program:
(1) a reasonable reimbursement fee for the program
[fee] not to exceed $1,000; and
(2) a testing, counseling, and treatment
reimbursement fee in an amount necessary to cover the costs of any
testing, counseling, or treatment performed or provided under the
program.
(b) Reimbursement fees [Fees] collected under this section
may be paid on a periodic basis or on a deferred payment schedule at
the discretion of the judge, magistrate, or coordinator. The fees
must be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
SECTION 2.50. Section 161.255(b), Health and Safety Code,
is amended to read as follows:
(b) The court shall charge an applicant a reimbursement fee
in the amount of $30 for each application for expungement filed
under this section to defray the cost of notifying state agencies of
orders of expungement under this section.
SECTION 2.51. Section 169.005, Health and Safety Code, is
amended to read as follows:
Sec. 169.005. REIMBURSEMENT FEES. (a) A first offender
prostitution prevention program established under this chapter may
collect from a participant in the program a nonrefundable
reimbursement [program] fee for the program in a reasonable amount
not to exceed $1,000, from which the following must be paid:
(1) a counseling and services reimbursement fee in an
amount necessary to cover the costs of the counseling and services
provided by the program; and
(2) [a victim services fee in an amount equal to 10
percent of the amount paid under Subdivision (1), to be deposited to
the credit of the general revenue fund to be appropriated only to
cover costs associated with the grant program described by Section
531.383, Government Code; and
[(3)] a law enforcement training reimbursement fee, in
an amount equal to five percent of the total amount paid under
Subdivision (1), to be deposited to the credit of the treasury of
the county or municipality that established the program to cover
costs associated with the provision of training to law enforcement
personnel on domestic violence, prostitution, and the trafficking
of persons.
(b) Reimbursement fees [Fees] collected under this section
may be paid on a periodic basis or on a deferred payment schedule at
the discretion of the judge, magistrate, or program director
administering the first offender prostitution prevention program.
The fees must be based on the participant's ability to pay.
SECTION 2.52. Section 132.002, Local Government Code, is
amended to read as follows:
Sec. 132.002. PAYMENT OF FEES OR COSTS BY CREDIT CARD OR
ELECTRONIC MEANS. (a) The commissioners court of a county may
authorize a county or precinct officer who collects fees, fines,
court costs, or other charges on behalf of the county or the state
to accept payment by credit card, the electronic processing of
checks, or other electronic means of a fee, fine, court costs, or
other charge. The commissioners court may also authorize a county
or precinct officer to collect and retain a reimbursement fee for
processing the payment by credit card, the electronic processing of
checks, or other electronic means.
(b) The governing body of a municipality may authorize a
municipal official who collects fees, fines, court costs, or other
charges to:
(1) accept payment by credit card of a fee, fine, court
cost, or other charge; and
(2) collect a reimbursement fee for processing the
payment by credit card.
(c) The governing body of a municipality may authorize the
acceptance of payment by credit card without requiring collection
of a reimbursement fee.
(d) The commissioners court may authorize a county or
precinct officer who collects fees, fines, court costs, or other
charges on behalf of the county or the state to accept payment by
electronic means of a fee, fine, court costs, or other charge. The
commissioners court may also authorize a county or precinct officer
to collect and retain a reimbursement [handling] fee for processing
the payment by electronic means.
(e) A commissioners court may authorize the acceptance of
payment by credit card or by electronic means without requiring
collection of a reimbursement fee.
(f) The director of a community supervision and corrections
department, with the approval of the judges described by Section
76.002, Government Code, may authorize a community supervision
official who collects fees, fines, court costs, and other charges
to:
(1) accept payment by debit card or credit card of a
fee, fine, court cost, or other charge; and
(2) collect a reimbursement fee for processing the
payment by debit card or credit card.
SECTION 2.53. Section 132.003, Local Government Code, is
amended to read as follows:
Sec. 132.003. REIMBURSEMENT [PROCESSING OR HANDLING] FEE
FOR PROCESSING CERTAIN PAYMENTS. (a) The commissioners court
shall set a reimbursement [processing] fee in an amount that is
reasonably related to the expense incurred by the county or
precinct officer in processing the payment by credit card.
However, the court may not set the [processing] fee authorized by
this subsection in an amount that exceeds five percent of the amount
of the fee, court cost, or other charge being paid.
(b) The governing body of a municipality shall set the
reimbursement [processing] fee in an amount that is reasonably
related to the expense incurred by the municipal official in
processing the payment by credit card. However, the governing body
may not set the [processing] fee authorized by this subsection in an
amount that exceeds five percent of the amount of the fee, fine,
court cost, or other charge being paid.
(c) If the commissioners court authorizes collection of a
reimbursement [handling] fee for processing a payment by electronic
means under Section 132.002(d) [132.002(c)], the reimbursement fee
shall be set:
(1) at a flat rate that does not exceed $5 for each
payment transaction; or
(2) at a rate that is reasonably related to the expense
incurred by the county or precinct officer in processing a payment
by electronic means and that does not exceed five percent of the
amount of the fee, court cost, or other charge being paid.
(d) In addition to the reimbursement fee set under
Subsection (a), the commissioners court of a county may authorize a
county or precinct officer to collect on behalf of the county from a
person making payment by credit card a reimbursement fee in an
amount equal to the amount of any transaction fee charged to the
county by a vendor providing services in connection with payments
made by credit card. The limitation prescribed by Subsection (a) on
the amount of a reimbursement fee under that subsection does not
apply to a reimbursement fee collected under this subsection.
SECTION 2.54. Section 133.103, Local Government Code, is
transferred to Subchapter A, Chapter 102, Code of Criminal
Procedure, redesignated as Article 102.030, Code of Criminal
Procedure, and amended to read as follows:
Art. 102.030 [Sec. 133.103]. TIME PAYMENT REIMBURSEMENT
FEE. (a) A person convicted of an offense shall pay[, in addition
to all other costs,] a reimbursement fee of $15 [$25] if the person:
(1) has been convicted of a felony or misdemeanor; and
(2) pays any part of a fine, court costs, or
restitution, or another reimbursement fee, on or after the 31st day
after the date on which a judgment is entered assessing the fine,
court costs, [or] restitution, or other reimbursement fee.
(b) The [Except as provided by Subsection (c-1), the
treasurer shall send 50 percent of the fees collected under this
section to the comptroller. The comptroller shall deposit the fees
received to the credit of the general revenue fund.
[(c) Except as provided by Subsection (c-1), the] treasurer
shall deposit [10 percent of] the reimbursement fees collected
under this section in a separate account in the general fund of the
county or municipality to be used for the purpose of improving the
collection of outstanding court costs, fines, reimbursement fees,
or restitution or improving the efficiency of the administration of
justice in the county or municipality. The county or municipality
shall prioritize the needs of the judicial officer who collected
the fees when making expenditures under this subsection and use the
money deposited to provide for those needs.
[(c-1) The treasurer shall send to the comptroller 100
percent of the fees collected under this section if, during an audit
under Article 103.0033(j), Code of Criminal Procedure, the Office
of Court Administration of the Texas Judicial System determines
that the municipality or county is not in compliance with Article
103.0033, Code of Criminal Procedure, and is unable to reestablish
compliance on or before the 180th day after the date the
municipality or county receives written notice of noncompliance
from the office. After any period in which the treasurer is
required under this subsection to send 100 percent of the fees
collected under this section to the comptroller, the municipality
or county shall begin once more to dispose of fees as otherwise
provided by this section on receipt of a written confirmation from
the office that the municipality or county is in compliance with
Article 103.0033, Code of Criminal Procedure.
[(d) The treasurer shall deposit the remainder of the fees
collected under this section in the general revenue account of the
county or municipality.]
SECTION 2.55. The heading to Section 31.127, Parks and
Wildlife Code, is amended to read as follows:
Sec. 31.127. PENALTIES AND FINES.
SECTION 2.56. Section 31.127(f), Parks and Wildlife Code,
is amended to read as follows:
(f) A court may dismiss a charge of operating a vessel with
an expired certificate of number under Section 31.021 if:
(1) the defendant remedies the defect not later than
the 10th working day after the date of the offense and pays a fine
[an administrative fee] not to exceed $10; and
(2) the certificate of number has not been expired for
more than 60 days.
SECTION 2.57. The heading to Section 284.2031,
Transportation Code, is amended to read as follows:
Sec. 284.2031. CIVIL AND CRIMINAL ENFORCEMENT: FINE
[COST].
SECTION 2.58. Section 284.2031(a), Transportation Code, is
amended to read as follows:
(a) A county may impose, in addition to other costs, a fine
of $1 [as a court cost] on conviction to a defendant convicted of an
offense under Section 284.070, 284.0701, or 284.203 in an action
brought by the county or district attorney.
SECTION 2.59. The heading to Section 284.2032,
Transportation Code, is amended to read as follows:
Sec. 284.2032. FINE [ADDITIONAL ADMINISTRATIVE COST] IN
CERTAIN COUNTIES.
SECTION 2.60. Section 284.2032(a), Transportation Code, is
amended to read as follows:
(a) A county with a population of 3.3 million or more may
impose a fine of[, in addition to other costs,] $1 [as an
administrative cost associated with collecting a toll or charge]
for each event of nonpayment of a required toll or charge imposed
under Section 284.069.
SECTION 2.61. Sections 502.010(f), (f-1), (i), and (j),
Transportation Code, are amended to read as follows:
(f) Except as otherwise provided by this section, a county
that has a contract under Subsection (b) may impose an additional
reimbursement 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.
(f-1) The additional reimbursement fee may be used only to
reimburse the department or the county assessor-collector for its
expenses for providing services under the contract, or another
county department for expenses related to services under the
contract.
(i) A municipal court judge or justice of the peace who has
jurisdiction over the underlying offense may waive an additional
reimbursement fee imposed under Subsection (f) if the judge or
justice makes a finding that the defendant is economically unable
to pay the fee or that good cause exists for the waiver.
(j) If a county assessor-collector is notified that the
court having jurisdiction over the underlying offense has waived
the past due fine or fee, including a reimbursement fee, due to the
defendant's indigency, the county may not impose an additional
reimbursement fee on the defendant under Subsection (f).
SECTION 2.62. Section 502.407(b), Transportation Code, is
amended to read as follows:
(b) A justice of the peace or municipal court judge having
jurisdiction of the offense may:
(1) dismiss a charge of driving with an expired motor
vehicle registration if the defendant:
(A) remedies the defect not later than the 20th
working day after the date of the offense or before the defendant's
first court appearance date, whichever is later; and
(B) establishes that the fee prescribed by
Section 502.045 has been paid; and
(2) assess a fine [an administrative fee] not to
exceed $20 when the charge is dismissed.
SECTION 2.63. Section 502.473(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge brought under Subsection
(a) if the defendant pays a fine [an administrative fee] not to
exceed $10 and:
(1) remedies the defect before the defendant's first
court appearance; or
(2) shows that the motor vehicle was issued a
registration insignia by the department that was attached to the
motor vehicle, establishing that the vehicle was registered for the
period during which the offense was committed.
SECTION 2.64. Section 502.475(c), Transportation Code, is
amended to read as follows:
(c) A court may dismiss a charge brought under Subsection
(a)(3) if the defendant:
(1) remedies the defect before the defendant's first
court appearance; and
(2) pays a fine [an administrative fee] not to exceed
$10.
SECTION 2.65. Section 504.943(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge brought under Subsection
(a)(1) if the defendant:
(1) remedies the defect before the defendant's first
court appearance; and
(2) pays a fine [an administrative fee] not to exceed
$10.
SECTION 2.66. Section 504.945(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge brought under Subsection
(a)(3), (5), (6), or (7) if the defendant:
(1) remedies the defect before the defendant's first
court appearance;
(2) pays a fine [an administrative fee] not to exceed
$10; and
(3) shows that the vehicle was issued a plate by the
department that was attached to the vehicle, establishing that the
vehicle was registered for the period during which the offense was
committed.
SECTION 2.67. Section 521.026(b), Transportation Code, is
amended to read as follows:
(b) The judge may assess the defendant a fine [an
administrative fee] not to exceed $20 when the charge of driving
with an expired driver's license is dismissed under Subsection (a).
SECTION 2.68. Section 521.054(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge for a violation of this
section if the defendant remedies the defect not later than the 20th
working day after the date of the offense and pays a fine [an
administrative fee] not to exceed $20. The court may waive the fine
[administrative fee] if the waiver is in the interest of justice.
SECTION 2.69. Section 521.221(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge for a violation of this
section if:
(1) the restriction or endorsement was imposed:
(A) because of a physical condition that was
surgically or otherwise medically corrected before the date of the
offense; or
(B) in error and that fact is established by the
defendant;
(2) the department removes the restriction or
endorsement before the defendant's first court appearance; and
(3) the defendant pays a fine [an administrative fee]
not to exceed $10.
SECTION 2.70. The heading to Section 542.403,
Transportation Code, is amended to read as follows:
Sec. 542.403. FINES [COURT COSTS].
SECTION 2.71. Sections 542.403(a) and (b), Transportation
Code, are amended to read as follows:
(a) In addition to other costs, the court shall order a
person convicted of a misdemeanor under this subtitle to [shall]
pay a fine of $3 [as a cost of court].
(b) The officer who collects a fine [cost] under this
section shall:
(1) deposit in the municipal treasury a fine [cost]
collected in a municipal court case; and
(2) deposit in the county treasury a fine [cost]
collected in a justice court case or in a county court case,
including a case appealed from a justice or municipal court.
SECTION 2.72. Section 547.004(c), Transportation Code, is
amended to read as follows:
(c) A court may dismiss a charge brought under this section
if the defendant:
(1) remedies the defect before the defendant's first
court appearance; and
(2) pays a fine [an administrative fee] not to exceed
$10.
SECTION 2.73. Section 548.605(e), Transportation Code, is
amended to read as follows:
(e) A court shall:
(1) dismiss a charge under this section if the
defendant remedies the defect:
(A) not later than the 20th working day after the
date of the citation or before the defendant's first court
appearance date, whichever is later; and
(B) not later than the 40th working day after the
applicable deadline provided by this chapter, Chapter 382, Health
and Safety Code, or the department's administrative rules regarding
inspection requirements; and
(2) assess a fine [an administrative fee] not to
exceed $20 when the charge has been remedied under Subdivision (1).
SECTION 2.74. Section 601.263, Transportation Code, is
amended to read as follows:
Sec. 601.263. REIMBURSEMENT FEE [COST] FOR IMPOUNDMENT.
The court shall impose against the defendant a reimbursement fee
[cost] of $15 a day for each day of impoundment of the defendant's
vehicle.
SECTION 2.75. The heading to Section 681.013,
Transportation Code, is amended to read as follows:
Sec. 681.013. DISMISSAL OF CHARGE; FINE [ADMINISTRATIVE
FEE].
SECTION 2.76. Section 681.013(b), Transportation Code, is
amended to read as follows:
(b) The court shall:
(1) dismiss a charge for an offense under Section
681.011(b)(1) if:
(A) the vehicle displayed a disabled parking
placard that was not valid as expired;
(B) the defendant remedies the defect by renewing
the expired disabled parking placard within 20 working days from
the date of the offense or before the defendant's first court
appearance date, whichever is later; and
(C) the disabled parking placard has not been
expired for more than 60 days; and
(2) assess a fine [an administrative fee] not to
exceed $20 when the charge has been remedied.
SECTION 2.77. Section 702.003(e-1), Transportation Code,
is amended to read as follows:
(e-1) A municipality that has a contract under Subsection
(b) may impose an additional $20 reimbursement fee to a person who
has an outstanding warrant from the municipality for failure to
appear or failure to pay a fine on a complaint that involves the
violation of a traffic law. The additional reimbursement fee may be
used only to reimburse the department or the county
assessor-collector for its expenses for providing services under
the contract, or another county department for expenses related to
services under the contract.
SECTION 2.78. Section 706.006, Transportation Code, is
amended to read as follows:
Sec. 706.006. PAYMENT OF REIMBURSEMENT [ADMINISTRATIVE]
FEE. (a) Except as provided by Subsection (d), 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 a reimbursement [an
administrative] fee of $10 [$30] for each complaint or citation
reported to the department under this chapter, unless:
(1) the person is acquitted of the charges for which
the person failed to appear;
(2) the charges on which the person failed to appear
were dismissed with prejudice by motion of 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 person who is required to pay a reimbursement 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 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 a
reimbursement [an administrative] fee of $10 [$30].
(c) The department may deny renewal of the driver's license
of a person who does not pay a reimbursement fee due under this
section until the fee is paid. The fee required by this section is
in addition to any other fee required by law.
(d) If the court having jurisdiction over the underlying
offense makes a finding that the person is indigent, the person may
not be required to pay a reimbursement [an administrative] fee
under this section. For purposes of this subsection, a person is
presumed to be indigent if the person:
(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 2.79. The heading to Section 706.007,
Transportation Code, is amended to read as follows:
Sec. 706.007. [RECORDS RELATING TO FEES;] DISPOSITION OF
FEES.
SECTION 2.80. Sections 706.007(a) and (d), Transportation
Code, are amended to read as follows:
(a) An officer collecting a reimbursement fee under Section
706.006 shall remit the money to the municipal or county treasurer,
as applicable [keep records and deposit the money as provided by
Subchapter B, Chapter 133, Local Government Code].
(d) The [Of each fee collected under Section 706.006, the]
custodian of a municipal or county treasury shall[:
[(1) send $20 to the comptroller on or before the last
day of each calendar quarter; and
[(2)] deposit the money collected under Section
706.006 [remainder] to the credit of the general fund of the
municipality or county for the purposes of Section 706.008.
ARTICLE 3. ADMINISTRATIVE, CIVIL, AND CRIMINAL CONSEQUENCES
IMPOSED ON PERSONS ARRESTED FOR, CHARGED WITH, OR CONVICTED OF
CERTAIN CRIMINAL OFFENSES
SECTION 3.01. Chapter 1, Code of Criminal Procedure, is
amended by adding Article 1.053 to read as follows:
Art. 1.053. PRESENT ABILITY TO PAY. Except as otherwise
specifically provided, in determining a defendant's ability to pay
for any purpose, the court shall consider only the defendant's
present ability to pay.
SECTION 3.02. Article 43.015, Code of Criminal Procedure,
is amended by adding Subdivision (3) to read as follows:
(3) "Cost" includes any fee imposed on a defendant by
the court at the time a judgment is entered.
SECTION 3.03. Chapter 43, Code of Criminal Procedure, is
amended by adding Article 43.035 to read as follows:
Art. 43.035. RECONSIDERATION OF FINE OR COSTS. (a) If a
defendant notifies the court that the defendant has difficulty
paying the fine and costs in compliance with the judgment, the court
shall hold a hearing to determine whether that portion of the
judgment imposes an undue hardship on the defendant.
(b) For purposes of Subsection (a), a defendant may notify
the court by:
(1) voluntarily appearing and informing the court or
the clerk of the court in the manner established by the court for
that purpose;
(2) filing a motion with the court;
(3) mailing a letter to the court; or
(4) any other method established by the court for that
purpose.
(c) If the court determines at the hearing under Subsection
(a) that the portion of the judgment regarding the fine and costs
imposes an undue hardship on the defendant, the court shall
consider whether the fine and costs should be satisfied through one
or more methods listed under Article 42.15(a-1).
(d) The court may decline to hold a hearing under Subsection
(a) if the court:
(1) previously held a hearing under that subsection
with respect to the case and is able to determine without holding a
hearing that the portion of the judgment regarding the fine and
costs does not impose an undue hardship on the defendant; or
(2) is able to determine without holding a hearing
that:
(A) the applicable portion of the judgment
imposes an undue hardship on the defendant; and
(B) the fine and costs should be satisfied
through one or more methods listed under Article 42.15(a-1).
(e) The court retains jurisdiction for the purpose of making
a determination under this article.
SECTION 3.04. The heading to Article 43.05, Code of
Criminal Procedure, is amended to read as follows:
Art. 43.05. ISSUANCE AND RECALL OF CAPIAS PRO FINE [SHALL
RECITE].
SECTION 3.05. Article 43.05(a-1), Code of Criminal
Procedure, as added by Chapter 1127 (S.B. 1913), Acts of the 85th
Legislature, Regular Session, 2017, is amended to read as follows:
(a-1) A court may not issue a capias pro fine for the
defendant's failure to satisfy the judgment according to its terms
unless the court holds a hearing to determine whether the judgment
imposes an undue hardship on the defendant [on the defendant's
ability to satisfy the judgment] and the defendant fails to:
(1) [the defendant fails to] appear at the hearing; or
(2) comply with an order issued under Subsection (a-3)
as a result of the hearing [based on evidence presented at the
hearing, the court determines that the capias pro fine should be
issued].
SECTION 3.06. Article 43.05, Code of Criminal Procedure, is
amended by amending Subsection (a-2) and adding Subsections (a-3)
and (a-4) to read as follows:
(a-2) If the court determines at the hearing under
Subsection (a-1) that the judgment imposes an undue hardship on the
defendant, the court shall determine whether the fine and costs
should be satisfied through one or more methods listed under
Article 42.15(a-1). The court retains jurisdiction for the purpose
of making a determination under this subsection.
(a-3) If the court determines at the hearing under
Subsection (a-1) that the judgment does not impose an undue
hardship on the defendant, the court shall order the defendant to
comply with the judgment not later than the 30th day after the date
the determination is made.
(a-4) The court shall recall a capias pro fine if, before
the capias pro fine is executed, the defendant:
(1) provides notice to the court under Article 43.035
and a hearing is set under that article; or
(2) [the defendant] voluntarily appears and makes a
good faith effort to resolve the capias pro fine [amount owed; and
[(2) the amount owed is resolved in any manner
authorized by this code].
SECTION 3.07. Article 43.091, Code of Criminal Procedure,
is amended to read as follows:
Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A court may waive
payment of all or part of a fine [or costs] imposed on a defendant if
the court determines that:
(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
(2) each alternative method of discharging the fine
[or cost] under Article 43.09 or 42.15 would impose an undue
hardship on the defendant.
(b) A determination of undue hardship made under Subsection
(a)(2) is in the court's discretion. In making that determination,
the court may consider, as applicable, the defendant's:
(1) significant physical or mental impairment or
disability;
(2) pregnancy and childbirth;
(3) substantial family commitments or
responsibilities, including child or dependent care;
(4) work responsibilities and hours;
(5) transportation limitations;
(6) homelessness or housing insecurity; and
(7) any other factor the court determines relevant.
(c) A court may waive payment of all or part of the costs
imposed on a defendant if the court determines that the defendant:
(1) is indigent or does not have sufficient resources
or income to pay all or part of the costs; or
(2) was, at the time the offense was committed, a child
as defined by Article 45.058(h).
(d) This subsection applies only to a defendant placed on
community supervision, including deferred adjudication community
supervision, whose fine or costs are wholly or partly waived under
this article. At any time during the defendant's period of
community supervision, the court, on the court's own motion or by
motion of the attorney representing the state, may reconsider the
waiver of the fine or costs. After providing written notice to the
defendant and an opportunity for the defendant to present
information relevant to the defendant's ability to pay, the court
may order the defendant to pay all or part of the waived amount of
the fine or costs only if the court determines that the defendant
has sufficient resources or income to pay that amount.
SECTION 3.08. Subchapter A, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.004 to read as follows:
Art. 45.004. GENERAL DEFINITION. In this chapter, "cost"
includes any fee imposed on a defendant by the justice or judge at
the time a judgment is entered.
SECTION 3.09. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Articles 45.0201 and 45.0445 to
read as follows:
Art. 45.0201. APPEARANCE BY TELEPHONE OR VIDEOCONFERENCE.
If the justice or judge determines that requiring a defendant to
appear before the justice or judge in person for a hearing under
Article 45.0445 or 45.045 would impose an undue hardship on the
defendant, the justice or judge may allow the defendant to appear by
telephone or videoconference.
Art. 45.0445. RECONSIDERATION OF FINE OR COSTS. (a) If
the defendant notifies the justice or judge that the defendant has
difficulty paying the fine and costs in compliance with the
judgment, the justice or judge shall hold a hearing to determine
whether the judgment imposes an undue hardship on the defendant.
(b) For purposes of Subsection (a), a defendant may notify
the justice or judge by:
(1) voluntarily appearing and informing the justice or
judge or the clerk of the court in the manner established by the
justice or judge for that purpose;
(2) filing a motion with the justice or judge;
(3) mailing a letter to the justice or judge; or
(4) any other method established by the justice or
judge for that purpose.
(c) If the justice or judge determines at the hearing under
Subsection (a) that the judgment imposes an undue hardship on the
defendant, the justice or judge shall consider whether to allow the
defendant to satisfy the fine and costs through one or more methods
listed under Article 45.041(a-1).
(d) The justice or judge may decline to hold a hearing under
Subsection (a) if the justice or judge:
(1) previously held a hearing under that subsection
with respect to the case and is able to determine without holding a
hearing that the judgment does not impose an undue hardship on the
defendant; or
(2) is able to determine without holding a hearing
that:
(A) the judgment imposes an undue hardship on the
defendant; and
(B) the fine and costs should be satisfied
through one or more methods listed under Article 45.041(a-1).
(e) The justice or judge retains jurisdiction for the
purpose of making a determination under this article.
SECTION 3.10. Article 45.045(a-2), Code of Criminal
Procedure, as added by Chapter 1127 (S.B. 1913), Acts of the 85th
Legislature, Regular Session, 2017, is amended to read as follows:
(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 the court holds a hearing to determine whether the judgment
imposes an undue hardship on the defendant [on the defendant's
ability to satisfy the judgment] and the defendant fails to:
(1) [the defendant fails to] appear at the hearing; or
(2) comply with an order issued under Subsection (a-4)
as a result of the hearing [based on evidence presented at the
hearing, the court determines that the capias pro fine should be
issued].
SECTION 3.11. Article 45.045, Code of Criminal Procedure,
is amended by amending Subsection (a-3) and adding Subsections
(a-4) and (a-5) to read as follows:
(a-3) If the justice or judge determines at the hearing
under Subsection (a-2) that the judgment imposes an undue hardship
on the defendant, the justice or judge shall determine whether the
fine and costs should be satisfied through one or more methods
listed under Article 45.041(a-1). The justice or judge retains
jurisdiction for the purpose of making a determination under this
subsection.
(a-4) If the justice or judge determines at the hearing
under Subsection (a-2) that the judgment does not impose an undue
hardship on the defendant, the justice or judge shall order the
defendant to comply with the judgment not later than the 30th day
after the date the determination is made.
(a-5) The court shall recall a capias pro fine if, before
the capias pro fine is executed, the defendant:
(1) provides notice to the justice or judge under
Article 45.0445 and a hearing is set under that article; or
(2) [the defendant] voluntarily appears and makes a
good faith effort to resolve the capias pro fine [amount owed; and
[(2) the amount owed is resolved in any manner
authorized by this chapter].
SECTION 3.12. Article 45.0491, Code of Criminal Procedure,
is amended to read as follows:
Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR
CERTAIN 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 if the court determines that:
(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
(2) discharging the fine [or costs] under Article
45.049 or as otherwise authorized by this chapter would impose an
undue hardship on the defendant.
(b) A defendant is presumed to be indigent or to not have
sufficient resources or income to pay all or part of the fine or
costs for purposes of Subsection (a) or (d) if the defendant:
(1) is in the conservatorship of the Department of
Family and Protective Services, or was in the conservatorship of
that department at the time of the offense; or
(2) is designated as a homeless child or youth or an
unaccompanied youth, as those terms are defined by 42 U.S.C.
Section 11434a, or was so designated at the time of the offense.
(c) A determination of undue hardship made under Subsection
(a)(2) is in the court's discretion. In making that determination,
the court may consider, as applicable, the defendant's:
(1) significant physical or mental impairment or
disability;
(2) pregnancy and childbirth;
(3) substantial family commitments or
responsibilities, including child or dependent care;
(4) work responsibilities and hours;
(5) transportation limitations;
(6) homelessness or housing insecurity; and
(7) any other factors the court determines relevant.
(d) 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 the costs imposed on a defendant if the court determines that the
defendant:
(1) is indigent or does not have sufficient resources
or income to pay all or part of the costs; or
(2) was, at the time the offense was committed, a child
as defined by Article 45.058(h).
SECTION 3.13. The following provisions of the Code of
Criminal Procedure are repealed:
(1) Article 42.15(a-1), as added by Chapter 977 (H.B.
351), Acts of the 85th Legislature, Regular Session, 2017;
(2) Article 43.05(a-1), as added by Chapter 977 (H.B.
351), Acts of the 85th Legislature, Regular Session, 2017;
(3) Article 45.041(a-1), as added by Chapter 977 (H.B.
351), Acts of the 85th Legislature, Regular Session, 2017; and
(4) Article 45.045(a-2), as added by Chapter 977 (H.B.
351), Acts of the 85th Legislature, Regular Session, 2017.
SECTION 3.14. Notwithstanding Section 32, Chapter 977 (H.B.
351), and Section 28, Chapter 1127 (S.B. 1913), Acts of the 85th
Legislature, Regular Session, 2017, Section 706.006,
Transportation Code, as amended by those Acts, applies to any fee
assessed on or after the effective date of this Act, regardless of
whether the offense, complaint, citation, or other violation giving
rise to the fee occurred before, on, or after the effective date of
this Act.
SECTION 3.15. Articles 1.053 and 45.0201, Code of Criminal
Procedure, as added by this article, apply to a proceeding that
commences before, on, or after the effective date of this Act.
SECTION 3.16. Articles 43.035 and 45.0445, Code of Criminal
Procedure, as added by this article, apply to a notification
received by a court on or after the effective date of this Act,
regardless of whether the judgment of conviction was entered
before, on, or after the effective date of this Act.
SECTION 3.17. The changes in law made by this article to
Articles 43.091 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 3.18. The change in law made by this article to
Articles 43.05 and 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.
ARTICLE 4. REPEALERS AND CONFORMING AMENDMENTS
SECTION 4.01. Section 3.506(c), Business & Commerce Code,
is amended to read as follows:
(c) A person may not charge a processing fee to a drawer or
indorser under this section if a reimbursement [the] fee has been
collected under Article 102.007(e) [or 102.0071], Code of Criminal
Procedure. If a processing fee has been collected under this
section and the holder subsequently receives a reimbursement fee
collected under Article 102.007(e) [or 102.0071], Code of Criminal
Procedure, the holder shall immediately refund the fee previously
collected from the drawer or indorser.
SECTION 4.02. Article 42.037, Code of Criminal Procedure,
is amended by amending Subsection (g) and adding Subsections (g-1)
and (g-2) to read as follows:
(g)[(1)] The court may require a defendant to make
restitution under this article within a specified period or in
specified installments. [If the court requires the defendant to
make restitution in specified installments, in addition to the
installment payments, the court may require the defendant to pay a
one-time restitution fee of $12, $6 of which the court shall retain
for costs incurred in collecting the specified installments and $6
of which the court shall order to be paid to the compensation to
victims of crime fund.
[(2)] The end of the period or the last installment may
not be later than:
(1) [(A)] the end of the period of probation, if
probation is ordered;
(2) [(B)] five years after the end of the term of
imprisonment imposed, if the court does not order probation; or
(3) [(C)] five years after the date of sentencing in
any other case.
(g-1) [(3)] If the court does not provide otherwise, the
defendant shall make restitution immediately.
(g-2) [(4)] Except as provided by Subsection (n), the order
of restitution must require the defendant to:
(1) [(i)] make restitution directly to the person or
agency that will accept and forward restitution payments to the
victim or other person eligible for restitution under this article,
including the compensation to victims of crime fund;
(2) [(ii)] make restitution directly to the victim or
other person eligible for restitution under this article, including
the compensation to victims of crime fund; or
(3) [(iii)] deliver the amount or property due as
restitution to a community supervision and corrections department
for transfer to the victim or person.
SECTION 4.03. Article 42.0373(c), Code of Criminal
Procedure, is amended to read as follows:
(c) The court shall, after considering the financial
circumstances of the defendant, specify in a restitution order
issued under Subsection (b) the manner in which the defendant must
pay the restitution. The order must require restitution payments
to be delivered in the manner described by Article 42.037(g-2)(3)
[42.037(g)(4)(iii)].
SECTION 4.04. Articles 45.056(d) and (h), Code of Criminal
Procedure, are amended to read as follows:
(d) The [Pursuant to Article 102.0174, the] court or
governing body may pay the salary and benefits of a juvenile case
manager and the costs of training, travel, office supplies, and
other necessary expenses relating to the position of the juvenile
case manager from the local truancy prevention and diversion
[juvenile case manager] fund established under Section 134.156,
Local Government Code.
(h) The commissioners court or governing body of the
municipality that administers a local truancy prevention and
diversion [juvenile case manager] fund under Section 134.156, Local
Government Code, [Article 102.0174] shall require periodic review
of juvenile case managers to ensure the implementation of the rules
adopted under Subsection (f).
SECTION 4.05. The heading to Chapter 102, Code of Criminal
Procedure, is amended to read as follows:
CHAPTER 102. COSTS, FEES, AND FINES PAID BY DEFENDANTS
SECTION 4.06. The heading to Subchapter A, Chapter 102,
Code of Criminal Procedure, is amended to read as follows:
SUBCHAPTER A. [GENERAL] COSTS; REIMBURSEMENT FEES; FINES
SECTION 4.07. Section 21.008(d), Government Code, is
amended to read as follows:
(d) The State Board of Regional Judges is created to
administer the funds appropriated to this account [and to the child
support and court management account of the judicial fund created
by Section 21.007]. The board shall be composed of the nine
regional administrative judges of the state, who shall have the
authority to organize, elect officers, and make such rules as may be
necessary for the proper administration of these accounts.
SECTION 4.08. Section 25.0593(k), Government Code, is
amended to read as follows:
(k) The official court reporter of a county criminal court
is not required to take testimony in a case unless the judge or a
party demands that testimony be taken. [If the court reporter takes
testimony, the clerk shall collect a $3 fee as costs in the case.
The fee shall be paid into the county treasury.]
SECTION 4.09. Section 25.0594(l), Government Code, is
amended to read as follows:
(l) The official court reporter of a county criminal court
of appeals is not required to take testimony in a case in which
neither party nor the judge demands it. [If the court reporter
takes testimony, the clerk shall collect a $3 fee as costs in the
case. The fee shall be paid into the county treasury.]
SECTION 4.10. Section 25.1572(h), Government Code, is
amended to read as follows:
(h) An official court reporter is not required to take
testimony in a case unless the judge or a party demands that
testimony be taken. In civil and probate cases in which the court
reporter is required to take testimony, the clerk shall assess a $3
fee as costs in the case. The clerk shall collect the fee and
deposit it in the county treasury. The court reporter shall be
available for matters being considered in the county court if the
parties before the court request a court reporter and the request is
approved by the judge of a county court at law.
SECTION 4.11. Section 25.2223(i), Government Code, is
amended to read as follows:
(i) The official court reporter of a county criminal court
is entitled to the same fees and salary as a district court reporter
and shall perform the same duties and take the oath of office as
provided by law for district court reporters. The official court
reporter for the County Criminal Court No. 1 or 3 of Tarrant County
is not required to take testimony in cases in which neither a party
nor the judge demands it. [In cases in which testimony is taken, a
fee of $3 shall be taxed as costs in the case. The clerk collects
the fee and pays it into the county treasury.]
SECTION 4.12. Section 25.2702(d), Government Code, is
amended to read as follows:
(d) The judge of the county court at law shall appoint an
official court reporter. The judge may appoint a court
administrator to aid the judge in the performance of the judge's
duties. The official court reporter and the court administrator of
the county court at law are entitled to receive the same salary and
to be paid in the same manner as the official court reporter and
court administrator, respectively, of the district court in the
administrative county for the court. The clerk of the court shall
tax as costs, in each civil[, criminal,] and probate case in which a
record of any part of the evidence in the case is made by the
reporter, a stenographer's fee of $25. The fee shall be paid in the
same manner as other costs in the case. The clerk collects the fee
and pays it into the general funds of the counties.
SECTION 4.13. Section 26.007(a), Government Code, is
amended to read as follows:
(a) Beginning on the first day of the state fiscal year, the
state shall annually compensate each county that collects the
additional fees [and costs] under Section 51.703 in an amount equal
to $5,000 if the county judge is entitled to an annual salary
supplement from the state under Section 26.006.
SECTION 4.14. Section 26.008(a), Government Code, is
amended to read as follows:
(a) At the end of each state fiscal year, the comptroller
shall determine the amounts deposited in the judicial fund under
Section 51.703 and the amounts paid to the counties under Section
26.007. If the total amount paid under Section 51.703 by all
counties that collect fees [and costs] under that section exceeds
the total amount paid to the counties under Section 26.007, the
state shall remit the excess to the counties that collect fees [and
costs] under Section 51.703 proportionately based on the percentage
of the total paid by each county.
SECTION 4.15. Section 30.00014(g), Government Code, is
amended to read as follows:
(g) The defendant shall pay [the fee for the preparation of
the clerk's record and] the fee for an actual transcription of the
proceedings.
SECTION 4.16. Section 61.0015(c), Government Code, is
amended to read as follows:
(c) The comptroller shall pay claims for reimbursement
under this section quarterly to the county treasury of each county
that filed a claim from money collected under Subchapter B, Chapter
133, Local Government Code [Article 102.0045, Code of Criminal
Procedure], and deposited in the jury service fund.
SECTION 4.17. Section 101.0613, Government Code, is amended
to read as follows:
Sec. 101.0613. DISTRICT COURT FEES AND COSTS: HUMAN
RESOURCES CODE. The clerk of a district court shall collect fees
and costs under the Human Resources Code as follows:
(1) [for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $4;
[(2)] fee on filing a suit for dissolution of a
marriage for services of child support department in Harris County,
if authorized by the county commissioners court (Sec. 152.1074,
Human Resources Code) . . . not to exceed $12;
(2) [(3)] a child support service fee in Nueces County
if ordered by the commissioners court and assessed by the court
(Sec. 152.1844, Human Resources Code) . . . not to exceed $5 a
month payable annually in advance;
(3) [(4)] a service fee to be paid by a person ordered
by a district court to pay child or spousal support:
(A) in Collin County if authorized by the
juvenile board (Sec. 152.0492, Human Resources Code) . . . not to
exceed $2.50 added to first support payment each month;
(B) in Johnson County if authorized by the
juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00
added to first support payment each month; and
(C) in Montague County (Sec. 152.1752, Human
Resources Code) . . . $1 if fee is ordered to be paid monthly, 50
cents if fee is ordered to be paid semimonthly or weekly;
(4) [(5)] attorney's fees as an additional cost in
Montague County on a finding of contempt of court for failure to pay
child or spousal support if the contempt action is initiated by the
probation department (Sec. 152.1752, Human Resources Code) . . .
$15;
(5) [(6)] fee on filing a suit requesting an adoption
in Montague County (Sec. 152.1752, Human Resources Code) . . . $25;
(6) [(7)] court cost on citation for contempt of court
for failure to comply with child support order in Nueces County, if
authorized by the commissioners court (Sec. 152.1844, Human
Resources Code) . . . not to exceed $10;
(7) [(8)] fee on filing a suit for divorce in Orange
County (Sec. 152.1873, Human Resources Code) . . . not less than
$5;
(8) [(9)] court costs on citation for contempt of
court in Orange County for failure to comply with a child support
order or order providing for possession of or access to a child
(Sec. 152.1873, Human Resources Code) . . . amount determined by
district clerk;
(9) [(10)] fee on filing a suit requesting an adoption
in Orange County (Sec. 152.1874, Human Resources Code) . . . not
less than $25; and
(10) [(11)] fee on filing a suit requesting an
adoption in Wichita County (Sec. 152.2496, Human Resources Code)
. . . $100.
SECTION 4.18. Section 101.141(b), Government Code, is
amended to read as follows:
(b) A clerk of a justice court shall collect fees and costs
under other laws as follows:
(1) the cost of a special program that a court may
order a child to attend after a finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program not to exceed $100;
(2) additional filing fees:
(A) to fund Dallas County civil court facilities
(Sec. 51.705, Government Code) . . . not more than $15;
(B) for filing any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee, to fund civil legal
services for the indigent (Sec. 133.153, Local Government Code)
. . . $6;
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court
(Sec. 51.707, Government Code) . . . not more than $15; and
(D) to fund the construction, renovation, or
improvement of Rockwall County court facilities, if authorized by
the county commissioners court (Sec. 51.709, Government Code)
. . . not more than $15;
(3) [for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50;
[(4)] fee for hearing on probable cause for removal of
a vehicle and placement in a storage facility if assessed by the
court (Sec. 2308.457, Occupations Code) . . . $20; and
(4) [(5)] statewide electronic filing system fund fee
(Sec. 51.851, Government Code) . . . $10.
SECTION 4.19. Section 101.181, Government Code, is amended
to read as follows:
Sec. 101.181. MUNICIPAL COURTS OF RECORD FEES AND COSTS.
The clerk of a municipal court of record shall collect [the
following fees and costs:
[(1) from an appellant, a fee for preparation of the
clerk's record (Sec. 30.00014, Government Code) . . . $25;
[(2) from an appellant in the City of El Paso, an
appellate court docket fee (Sec. 30.00147, Government Code) . . .
$25; and
[(3)] the cost of a special program that a court may
order a child to attend after finding that the child committed an
offense, if ordered by the court, under Article [(Art.] 45.057,
Code of Criminal Procedure, in the amount of the [Procedure) . . .]
costs of the program, not to exceed $100.
SECTION 4.20. 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 and[:
[(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 under Article [(Art.] 45.041, Code of Criminal
Procedure, in the amount of [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 4.21. 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) . . . $185 [$133];
(2) court costs on conviction of a Class A or Class B
misdemeanor (Sec. 133.102, Local Government Code) . . . $147 [$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) . . . $62 [$40];
(4) court costs on conviction of a felony (Sec.
134.101, Local Government Code) . . . $105 [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) court costs on conviction of a Class A or Class B
misdemeanor (Sec. 134.102, Local Government Code) . . . $123 [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
(6) court costs on conviction of a nonjailable
misdemeanor offense, including a criminal violation of a municipal
ordinance (Sec. 134.103, Local Government Code) . . . $14 [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 4.22. Section 103.021, Government Code, is amended
to read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
or a party to a civil suit, as applicable, shall pay the following
fees and costs under the Code of Criminal Procedure if ordered by
the court or otherwise required:
(1) [a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
[(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure)
. . . actual cost;
[(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
[(3-a) costs associated with operating a global
positioning monitoring system as a condition of release on bond
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
subject to a determination of indigency;
[(3-b) costs associated with providing a defendant's
victim with an electronic receptor device as a condition of the
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
Procedure) . . . actual costs, subject to a determination of
indigency;
[(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
[(5) reimbursement to general revenue fund for
payments made to victim of an offense as condition of community
supervision (Art. 42A.301(17), Code of Criminal Procedure) . . .
not to exceed $50 for a misdemeanor offense or $100 for a felony
offense;
[(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42A.301(20), Code of
Criminal Procedure) . . . not to exceed $50;
[(7) children's advocacy center fee (Art. 42A.455,
Code of Criminal Procedure) . . . not to exceed $50;
[(8) family violence center fee (Art. 42A.504(b), Code
of Criminal Procedure) . . . $100;
[(9) community supervision fee (Art. 42A.652(a), Code
of Criminal Procedure) . . . not less than $25 or more than $60 per
month;
[(10) additional community supervision fee for
certain offenses (Art. 42A.653(a), Code of Criminal Procedure)
. . . $5 per month;
[(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42A.452, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
[(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
[(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
[(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
. . . not to exceed amount of fine assessed;
[(15) an additional fee:
[(A) for a copy of the defendant's driving record
to be requested from the Department of Public Safety by the judge
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
to the sum of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal fee;
[(B) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
[(C) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant;
[(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
[(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise $10;
[(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
[(19)] certified mailing of notice of hearing date
(Art. 102.006, Code of Criminal Procedure) . . . $1, plus postage;
(2) [(20)] certified mailing of certified copies of an
order of expunction (Art. 102.006, Code of Criminal Procedure)
. . . $2, plus postage;
(3) [(20-a) a fee to defray the cost of notifying
state agencies of orders of expungement (Art. 45.0216, Code of
Criminal Procedure) . . . $30 per application;
[(21) sight orders:
[(A) if the face amount of the check or sight
order does not exceed $10 (Art. 102.007, Code of Criminal
Procedure) . . . not to exceed $10;
[(B) if the face amount of the check or sight
order is greater than $10 but does not exceed $100 (Art. 102.007,
Code of Criminal Procedure) . . . not to exceed $15;
[(C) if the face amount of the check or sight
order is greater than $100 but does not exceed $300 (Art. 102.007,
Code of Criminal Procedure) . . . not to exceed $30;
[(D) if the face amount of the check or sight
order is greater than $300 but does not exceed $500 (Art. 102.007,
Code of Criminal Procedure) . . . not to exceed $50; and
[(E) if the face amount of the check or sight
order is greater than $500 (Art. 102.007, Code of Criminal
Procedure) . . . not to exceed $75;
[(22) fees for a pretrial intervention program:
[(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . $60 a month plus expenses; and
[(B) a district attorney, criminal district
attorney, or county attorney administrative fee (Art. 102.0121,
Code of Criminal Procedure) . . . not to exceed $500;
[(23) parking fee violations for child safety fund in
municipalities with populations:
[(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
[(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
[(24)] an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction; and
(4) [(25)] a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due[; and
[(26) a cost on conviction for the truancy prevention
and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
$2].
SECTION 4.23. Section 103.0211, Government Code, is amended
to read as follows:
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
to a civil suit, as applicable, shall pay the following fees and
costs under the Government Code if ordered by the court or otherwise
required:
(1) a court reporter fee when testimony is taken[:
[(A) in a criminal court in Dallas County
(Sec. 25.0593, Government Code) . . . $3;
[(B) in a county criminal court of appeals in
Dallas County (Sec. 25.0594, Government Code) . . . $3;
[(C)] in a civil case in a county court at law in
McLennan County (Sec. 25.1572, Government Code) . . . $3; [and
[(D) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;]
(2) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15
or, in specified counties, $30;
[(3) a speedy trial rights waiver motion filing fee in
El Paso County (Sec. 54.745, Government Code) . . . $100;
[(4) the costs of a criminal magistrate if the court
determines that the nonprevailing party is able to defray the
costs:
[(A) in Bexar County (Sec. 54.913, Government
Code) . . . magistrate's fees;
[(B) in Dallas County (Sec. 54.313, Government
Code) . . . magistrate's fees;
[(C) in Lubbock County (Sec. 54.883, Government
Code) . . . magistrate's fees;
[(D) in Tarrant County (Sec. 54.663, Government
Code) . . . magistrate's fees; and
[(E) in Travis County (Sec. 54.983, Government
Code) . . . magistrate's fees;
[(5) an administrative fee for participation in
certain community supervision programs (Sec. 76.015, Government
Code) . . . not less than $25 and not more than $60 per month;] and
(3) [(6)] fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
cases (Secs. 411.072 and 411.0745, Government Code) . . . $28.
SECTION 4.24. Section 103.0212, Government Code, is amended
to read as follows:
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
civil suit, as applicable, shall pay the following fees and costs
under the Family Code if ordered by the court or otherwise required:
(1) in family matters:
(A) issuing writ of withholding (Sec. 8.262,
Family Code) . . . $15;
(B) filing copy of writ of withholding to
subsequent employer (Sec. 8.267, Family Code) . . . $15;
(C) issuing and delivering modified writ of
withholding or notice of termination (Sec. 8.302, Family Code)
. . . $15;
(D) issuing and delivering notice of termination
of withholding (Sec. 8.303, Family Code) . . . $15;
(E) issuance of change of name certificate
(Sec. 45.106, Family Code) . . . $10;
(F) protective order fee (Sec. 81.003, Family
Code) . . . $16;
(G) filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
(H) filing fees for suits affecting parent-child
relationship (Sec. 110.002, Family Code):
(i) suit or motion for modification
(Sec. 110.002, Family Code) . . . $15;
(ii) motion for enforcement (Sec. 110.002,
Family Code) . . . $15;
(iii) notice of application for judicial
writ of withholding (Sec. 110.002, Family Code) . . . $15;
(iv) motion to transfer (Sec. 110.002,
Family Code) . . . $15;
(v) petition for license suspension
(Sec. 110.002, Family Code) . . . $15;
(vi) motion to revoke a stay of license
suspension (Sec. 110.002, Family Code) . . . $15; and
(vii) motion for contempt (Sec. 110.002,
Family Code) . . . $15;
(I) order or writ of income withholding to be
delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(J) filing fee for transferred case
(Sec. 110.005, Family Code) . . . $45;
(K) filing a writ of withholding (Sec. 158.319,
Family Code) . . . $15;
(L) filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family Code)
. . . not to exceed $15;
(M) filing an administrative writ to employer
(Sec. 158.503, Family Code) . . . not to exceed $15; and
(N) genetic testing fees in relation to a child
born to a gestational mother (Sec. 160.762, Family Code) . . . as
assessed by the court; and
(2) in juvenile court:
(A) fee schedule for deferred prosecution
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a
month;
(B) [a request fee for a teen court program
(Sec. 54.032, Family Code) . . . $20, if the court ordering the fee
is located in the Texas-Louisiana border region, but otherwise not
to exceed $10;
[(C)] court costs for juvenile probation
diversion fund (Sec. 54.0411, Family Code) . . . $20;
(C) [(D)] a juvenile delinquency prevention fee
(Sec. 54.0461, Family Code) . . . $50;
(D) [(E)] a court fee for child's probationary
period (Sec. 54.061, Family Code) . . . not to exceed $15 a month;
(E) [(F) a fee to cover costs of required duties
of teen court (Sec. 54.032, Family Code) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
[(G)] a fee for DNA testing on commitment to
certain facilities (Sec. 54.0462, Family Code) . . . $50;
(F) [(H)] a fee for DNA testing after placement
on probation or as otherwise required by law (Sec. 54.0462, Family
Code) . . . $34;
(G) [(I)] a program fee for a teen dating
violence court program (Sec. 54.0325, Family Code) . . . $10; and
(H) [(J)] a fee to cover the cost to the court of
administering a teen dating violence court program (Sec. 54.0325,
Family Code) . . . not to exceed $10.
SECTION 4.25. Section 103.0213, Government Code, is amended
to read as follows:
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
party to a civil suit, as applicable, shall pay an [the following
fees and costs under the Transportation Code if ordered by the court
or otherwise required:
[(1) administrative fee on dismissal of charge of
driving with an expired motor vehicle registration (Sec. 502.407,
Transportation Code) . . . not to exceed $20;
[(2) administrative fee on dismissal of charge of
driving with an expired driver's license (Sec. 521.026,
Transportation Code) . . . not to exceed $20;
[(2-a) administrative fee on remediation of charge of
operation of a vehicle without a registration insignia (Sec.
502.473, Transportation Code) . . . not to exceed $10;
[(3) administrative fee on remediation of charge of
operating a vehicle without complying with inspection requirements
as certified (Sec. 548.605, Transportation Code) . . . not to
exceed $20;
[(4) administrative fee for failure to appear for a
complaint or citation on certain offenses (Sec. 706.006,
Transportation Code) . . . $30 for each violation;
[(5) administrative fee for failure to pay or satisfy
certain judgments (Sec. 706.006, Transportation Code) . . . $30;
and
[(6)] administrative fee on dismissal of charge of
driving a commercial motor vehicle without a commercial driver's
license or commercial learner's permit (Sec. 522.011,
Transportation Code) . . . not to exceed $10.
SECTION 4.26. Section 103.0214, Government Code, is amended
to read as follows:
Sec. 103.0214. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: HEALTH AND SAFETY CODE. An accused or defendant, or a
party to a civil suit, as applicable, shall pay the following court
[fees and] costs under the Health and Safety Code if ordered by the
court or otherwise required[:
[(1) a fee to defray the cost of notifying state
agencies of orders of expungement (Sec. 161.255, Health and Safety
Code) . . . $30 per application; and
[(2)] on a finding that an animal's owner has cruelly
treated the animal, [court costs] including:
(1) [(A)] investigation (Sec. 821.023, Health and
Safety Code) . . . actual costs;
(2) [(B)] expert witnesses (Sec. 821.023, Health and
Safety Code) . . . actual costs;
(3) [(C)] housing and caring for the animal during its
impoundment (Sec. 821.023, Health and Safety Code) . . . actual
costs;
(4) [(D)] conducting any public sale ordered by the
court (Sec. 821.023, Health and Safety Code) . . . actual costs;
and
(5) [(E)] humanely destroying the animal if
destruction is ordered by the court (Sec. 821.023, Health and
Safety Code) . . . actual costs.
SECTION 4.27. Section 103.024, Government Code, is amended
to read as follows:
Sec. 103.024. MISCELLANEOUS FEES AND COSTS: CODE OF
CRIMINAL PROCEDURE. Fees and costs shall be paid or collected under
the Code of Criminal Procedure as follows:
(1) filing of a restitution lien (Art. 42.22, Code of
Criminal Procedure) . . . $5; and
(2) [issuance and service of a warrant of arrest for
certain offenses if prescribed by the municipality (Art. 45.203,
Code of Criminal Procedure) . . . not to exceed $25; and
[(3)] a fee for each agency or organization designated
by a registered sex offender for receipt of a copy of an order
making the registration nonpublic (Art. [Sec.] 62.353, Code of
Criminal Procedure) . . . $20.
SECTION 4.28. Section 103.027(a), Government Code, as
effective September 1, 2019, is amended to read as follows:
(a) Fees and costs shall be paid or collected under the
Government Code as follows:
(1) filing a certified copy of a judicial finding of
fact and conclusion of law if charged by the secretary of state
(Sec. 51.905, Government Code) . . . $15;
(2) [cost paid by each surety posting the bail bond for
an offense other than a misdemeanor punishable by fine only under
Chapter 17, Code of Criminal Procedure, for the assistant
prosecutor supplement fund and the fair defense account (Sec.
41.258, Government Code) . . . $15, provided the cost does not
exceed $30 for all bail bonds posted at that time for an individual
and the cost is not required on the posting of a personal or cash
bond;
[(3)] to participate in a court proceeding in this
state, a nonresident attorney fee (Sec. 82.0361, Government Code)
. . . $250 except as waived or reduced under supreme court rules for
representing an indigent person;
(3) [(4)] on a party's appeal of a final decision in a
contested case, the cost of preparing the original or a certified
copy of the record of the agency proceeding, if required by the
agency's rule, as a court cost (Sec. 2001.177, Government Code)
. . . as assessed by the court, all or part of the cost of
preparation[;
[(5) a program fee for a drug court program (Sec.
123.004, Government Code) . . . not to exceed $1,000;
[(6) an alcohol or controlled substance testing,
counseling, and treatment fee (Sec. 123.004, Government Code) . . .
the amount necessary to cover the costs of testing, counseling, and
treatment;
[(7) a reasonable program fee for a veterans treatment
court program (Sec. 124.005, Government Code) . . . not to exceed
$1,000;
[(8) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
veterans treatment court program (Sec. 124.005, Government Code)
. . . the amount necessary to cover the costs of testing,
counseling, or treatment;
[(9) a nonrefundable program fee for a commercially
sexually exploited persons court program (Sec. 126.006, Government
Code) . . . a reasonable amount not to exceed $1,000, which must
include a counseling and services fee in an amount necessary to
cover the costs of counseling and services provided by the program,
a victim services fee in an amount equal to 10 percent of the total
fee, and a law enforcement training fee in an amount equal to five
percent of the total fee]; and
(4) [(10)] a district court records archive fee for
the filing of a suit, including an appeal from an inferior court, or
a cross-action, counterclaim, intervention, contempt action,
motion for new trial, or third-party petition, in any court in the
county for which the district clerk accepts filings, if authorized
by the county commissioners court (Sec. 51.305, Government Code)
. . . not more than $5.
SECTION 4.29. Section 103.0292, Government Code, is amended
to read as follows:
Sec. 103.0292. ADDITIONAL MISCELLANEOUS FEES [AND COSTS]:
HEALTH AND SAFETY CODE. A nonrefundable reimbursement [program]
fee for a first offender prostitution prevention program
established under Section 169.002, Health and Safety Code, shall be
collected under Section 169.005, Health and Safety Code, in a
reasonable amount not to exceed $1,000, which includes:
(1) a counseling and services reimbursement fee in an
amount necessary to cover the costs of counseling and services
provided by the program; and
(2) [a victim services fee in an amount equal to 10
percent of the total fee; and
[(3)] a law enforcement training reimbursement fee in
an amount equal to five percent of the total fee.
SECTION 4.30. Section 103.030, Government Code, is amended
to read as follows:
Sec. 103.030. MISCELLANEOUS FEES AND COSTS: LOCAL
GOVERNMENT CODE. Fees and costs shall be paid or collected under
the Local Government Code as follows:
(1) services by the offices of the sheriff and
constables (Sec. 118.131, Local Government Code) . . . amount set
by county commissioners court;
(2) a filing fee or recording fee for each page of a
legal paper presented for filing or recording that fails to meet
certain requirements regarding paper size, weight, substance,
headings, legibility, the presence of typed or printed names under
each signature, and number and size of riders or attachments
(Sec. 191.007, Local Government Code) . . . twice the regular
filing fee or recording fee provided by statute for that page,
rider, or attachment;
[(3) a processing fee as authorized by the
commissioners court for the payment by credit card of a fee, court
cost, or other charge processed by a county or precinct officer
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
reasonably related to the expense incurred by the county or
precinct officer but not to exceed five percent of the amount of the
fee, court cost, or other charge being paid;
[(4) a processing fee as authorized by the governing
body of the municipality for the payment by credit card of a fee,
court cost, or other charge processed by a municipal official
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
reasonably related to the expense incurred by the municipal
official but not to exceed five percent of the amount of the fee,
court cost, or other charge being paid;
[(5) a handling fee, if authorized by the
commissioners court under Section 132.002, Local Government Code,
for electronically processing the payment of a fee, fine, court
cost, or other charge (Secs. 132.002 and 132.003, Local Government
Code):
[(A) charged at a flat rate that does not exceed
$5 for each payment transaction; or
[(B) charged at a rate reasonably related to the
expense incurred in processing a payment and that does not exceed
five percent of the amount of the fee, court cost, or other charge
being paid;
[(6) a fee, if authorized by the commissioners court,
collected by a county or precinct officer on behalf of the county
from a person making payment by credit card of a fee, court cost, or
other charge (Sec. 132.003, Local Government Code) . . . an amount
equal to the amount of any transaction fee charged to the county by
a vendor providing services in connection with payments made by
credit card;] and
(3) [(7)] a records technology and infrastructure
fee, if authorized by the commissioners court of the county (Secs.
118.026, 118.069, and 118.102, Local Government Code) . . . $2.00.
SECTION 4.31. Section 123.006(c), Government Code, is
amended to read as follows:
(c) Notwithstanding Subsection (a), a county is required to
establish a drug court program under this section only if:
(1) the county receives federal or state funding[,
including funding under Article 102.0178, Code of Criminal
Procedure,] specifically for that purpose; and
(2) the judge, magistrate, or coordinator receives the
verification described by Section 121.002(c)(2).
SECTION 4.32. Section 411.145(c), Government Code, is
amended to read as follows:
(c) A fee collected under this section shall be deposited in
the state treasury to the credit of the state highway fund, and
money deposited to the state highway fund under this section and
under Chapter 42A [and Article 102.020(h)], Code of Criminal
Procedure, may be used only to defray the cost of administering this
subchapter.
SECTION 4.33. Section 420.008(b), Government Code, is
amended to read as follows:
(b) The fund consists of fees and fines collected under:
(1) Article 42A.653(a), Code of Criminal Procedure;
(2) Section 508.189, Government Code; and
(3) Subchapter B, Chapter 102, Business & Commerce
Code, and deposited under Section 102.054.
SECTION 4.34. Section 133.055(b), Local Government Code, is
amended to read as follows:
(b) If the treasurer does not collect any fees during a
calendar quarter, the treasurer shall file the report required for
the quarter in the regular manner. The report must state that no
fees were collected. This subsection does not apply to fees or
fines collected under Article 42A.303 [or 42A.653], Code of
Criminal Procedure, or under Section 76.013, Government Code.
SECTION 4.35. Section 133.058(d), Local Government Code, is
amended to read as follows:
(d) A county may not retain a service fee on the collection
of a fee or fine:
(1) for the judicial fund;
(2) under Article 42A.303 or 42A.653, Code of Criminal
Procedure;
(3) under Section 51.851, Government Code; or
(4) under Section 51.971, Government Code.
SECTION 4.36. Section 203.003, Local Government Code, is
amended to read as follows:
Sec. 203.003. DUTIES OF COMMISSIONERS COURT. The
commissioners court of each county shall:
(1) promote and support the efficient and economical
management of records of all elective offices in the county to
enable elected county officers to conform to this subtitle and
rules adopted under it;
(2) facilitate the creation and maintenance of records
containing adequate and proper documentation of the organization,
functions, policies, decisions, procedures, and essential
transactions of each elective office and designed to furnish the
information necessary to protect the legal and financial rights of
the local government, the state, and the persons affected by the
activities of the local government;
(3) facilitate the identification and preservation of
the records of elective offices that are of permanent value;
(4) facilitate the identification and protection of
the essential records of elective offices;
(5) establish a county clerk records management and
preservation fund for fees subject to Section 118.0216 and approve
in advance any expenditures from the fund; and
(6) establish a records management and preservation
fund for the records management and preservation fees authorized
under Sections 118.052, 118.0546, and 118.0645, and Section 51.317,
Government Code, [and Article 102.005(d), Code of Criminal
Procedure,] and approve in advance any expenditures from the fund,
which may be spent only for records management preservation or
automation purposes in the county.
SECTION 4.37. Section 12.110(d), Parks and Wildlife Code,
is amended to read as follows:
(d) The department may sell confiscated live game described
by Subsection (a) to the highest of three bidders. At the time of a
sale under this subsection, the department shall provide the buyer
a receipt for all game sold to the buyer. The department shall
deposit the proceeds of the sale in the state treasury to the credit
of the appropriate suspense fund pending the outcome of any action
against the person charged with an unlawful action described by
Subsection (a). [If that person is found guilty, pleads guilty or
nolo contendere, is placed on deferred adjudication, or fails to
appear in accordance with a notice described by Section 12.106 or
another law requiring that, as a condition of release, the
defendant subsequently appear before a court to answer for the
offense, the department shall transfer the proceeds of the sale to
the credit of the game, fish, and water safety account.] If the
person is acquitted by the trial court, the charges against the
person are dismissed, or the statute of limitations period for the
prosecution of the offense has expired, the department shall pay
the proceeds of the sale to the person from whom the game was
seized.
SECTION 4.38. Sections 542.402(b), (b-2), (d), and (d-1),
Transportation Code, are amended to read as follows:
(b) In each fiscal year, a municipality having a population
of less than 5,000 may retain, from fines collected for violations
of this title and fines [from special expenses] collected under
Article 45.051(a) [45.051], Code of Criminal Procedure, in cases in
which a violation of this title is alleged, an amount equal to 30
percent of the municipality's revenue for the preceding fiscal year
from all sources, other than federal funds and bond proceeds, as
shown by the audit performed under Section 103.001, Local
Government Code. After a municipality has retained that amount,
the municipality shall send to the comptroller any portion of a fine
[or a special expense] collected that exceeds $1.
(b-2) In each fiscal year, a county described by Subsection
(b-1) may retain, from fines collected for violations of this title
and from fines [special expenses] collected under Article 45.051(a)
[45.051], Code of Criminal Procedure, in cases in which a violation
of this title is alleged, an amount equal to 30 percent of the
county's revenue for the preceding fiscal year from all sources,
other than federal funds and bond proceeds, as shown by an audit
performed under Chapter 115, Local Government Code. After a county
has retained that amount, the county shall send to the comptroller
any portion of a fine [or a special expense] collected that exceeds
$1.
(d) In a fiscal year in which a municipality retains from
fines and special expenses collected for violations of this title
an amount equal to at least 20 percent of the municipality's revenue
for the preceding fiscal year from all sources other than federal
funds and bond proceeds, not later than the 120th day after the last
day of the municipality's fiscal year, the municipality shall send
to the comptroller:
(1) a copy of the municipality's financial statement
for that fiscal year filed under Chapter 103, Local Government
Code; and
(2) a report that shows the total amount collected for
that fiscal year from fines [and special expenses] under Subsection
(b).
(d-1) In a fiscal year in which a county retains from fines
and special expenses collected for violations of this title an
amount equal to at least 20 percent of the county's revenue for the
preceding fiscal year from all sources other than federal funds and
bond proceeds, not later than the 120th day after the last day of
the county's fiscal year, the county shall send to the comptroller:
(1) a copy of the county's financial statement; and
(2) a report that shows the total amount collected for
that fiscal year from fines [and special expenses] under Subsection
(b-1).
SECTION 4.39. Section 706.005(a), Transportation Code, is
amended to read as follows:
(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 reimbursement 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 motion of 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 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.
SECTION 4.40. The following provisions are repealed:
(1) Articles 102.001(f) and (h), Code of Criminal
Procedure;
(2) Article 102.0071, Code of Criminal Procedure;
(3) Article 102.022, Code of Criminal Procedure;
(4) Sections 202.005(c) and (d), Family Code;
(5) Section 30.00014(f), Government Code;
(6) Sections 30.00147(b) and (g), Government Code;
(7) Section 54.313, Government Code;
(8) Section 54.663, Government Code;
(9) Sections 54.745(b) and (c), Government Code;
(10) Section 54.883, Government Code;
(11) Section 54.913, Government Code;
(12) Section 54.983, Government Code;
(13) Section 101.0813, Government Code;
(14) Section 102.0211, Government Code;
(15) Section 102.0213, Government Code;
(16) Section 102.0214, Government Code;
(17) Section 102.041, Government Code;
(18) Section 102.0415, Government Code;
(19) Section 102.042, Government Code;
(20) Section 102.061, Government Code;
(21) Section 102.0615, Government Code;
(22) Section 102.062, Government Code;
(23) Section 102.081, Government Code;
(24) Section 102.082, Government Code;
(25) Section 102.101, Government Code;
(26) Section 102.103, Government Code;
(27) Section 102.121, Government Code;
(28) Section 102.142, Government Code;
(29) Section 123.003(b), Government Code;
(30) Section 124.004(b), Government Code;
(31) Section 129.005(b), Government Code;
(32) Section 152.0522, Human Resources Code;
(33) Sections 133.103(b) and (d), Local Government
Code; and
(34) Section 12.110(b), Parks and Wildlife Code.
ARTICLE 5. TRANSITION AND EFFECTIVE DATE
SECTION 5.01. Except as otherwise provided by this Act, the
changes in law made by this Act apply only to a cost, fee, or fine on
conviction for 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 5.02. Article 45.051(a-1), Code of Criminal
Procedure, as reenacted and amended by this Act, applies to a
sentencing proceeding that commences before, on, or after the
effective date of this Act.
SECTION 5.03. To the extent of any conflict, this Act
prevails over another Act of the 86th Legislature, Regular Session,
2019, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 5.04. This Act takes effect January 1, 2020.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 346 passed the Senate on
April 17, 2019, by the following vote: Yeas 30, Nays 1; and that
the Senate concurred in House amendments on May 23, 2019, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 346 passed the House, with
amendments, on May 21, 2019, by the following vote: Yeas 145,
Nays 1, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor