By: Canales, White, Lucio III, Leach, Murr	H.B. No. 351

	A BILL TO BE ENTITLED
	AN ACT
	relating to the discharge or waiver of fines and costs imposed on
	indigent defendants; authorizing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 42.15(b), Code of Criminal Procedure, is
	amended to read as follows:
	(b)  Subject to Subsections (c) and (d) and Article 43.09(f),
	when imposing a fine and costs, a court may direct a defendant:
	(1)  to pay the entire fine and costs when sentence is
	pronounced;
	(2)  to pay the entire fine and costs at some later
	date; or
	(3)  to pay a specified portion of the fine and costs at
	designated intervals.
	SECTION 2.  Article 43.09, Code of Criminal Procedure, is
	amended by amending Subsections (f) and (g) and adding Subsections
	(g-1) and (g-2) to read as follows:
	(f)  At sentencing or at any time after sentencing, a [A]
	court may require a defendant who is unable to pay a fine or costs to
	discharge all or part of the fine or costs by performing community
	service.
	(g)  In its order requiring a defendant to perform
	[participate in] community service [work] under Subsection (f) [of
	this article], the court must specify:
	(1)  the number of hours the defendant is required to
	work; [and]
	(2)  the date by which the community service must be
	completed; and
	(3)  whether the community supervision and corrections
	department or a court-related services office will perform the
	administrative duties required by the placement of the defendant in
	the community service program.
	(g-1)  The court may order a defendant required to perform
	community service under Subsection (f) to pay a reasonable
	administrative fee for the administration and supervision of the
	defendant's community service.
	(g-2)  If the defendant fails to complete community service
	required under this article by the date specified under Subsection
	(g)(2), the amount of the fine or costs that remains unpaid on that
	date is automatically reinstated and due.
	SECTION 3.  Article 43.091, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 43.091.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
	INDIGENT DEFENDANTS AND CHILDREN. A court may waive payment of a
	fine or cost imposed on a defendant [who defaults in payment] if the
	court determines that:
	(1)  the defendant is indigent 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.
	SECTION 4.  Article 45.041, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsection (b-2a) to
	read as follows:
	(b)  Subject to Subsections (b-2), (b-2a), and (b-3), the
	justice or judge may direct the defendant:
	(1)  to pay:
	(A)  the entire fine and costs when sentence is
	pronounced;
	(B)  the entire fine and costs at some later date;
	or
	(C)  a specified portion of the fine and costs at
	designated intervals;
	(2)  if applicable, to make restitution to any victim
	of the offense; and
	(3)  to satisfy any other sanction authorized by law.
	(b-2a)  If in imposing a fine and costs the justice or judge
	determines that the defendant has insufficient resources or income
	to pay the fine or costs, the justice or judge may require the
	defendant to discharge all or part of the fine or costs by
	performing community service as provided by Article 45.049.
	SECTION 5.  Article 45.049, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsections (b-1) and
	(b-2) to read as follows:
	(b)  In the justice's or judge's order requiring a defendant
	to perform [participate in] community service [work] under this
	article, the justice or judge must specify the number of hours the
	defendant is required to work and the date by which the community
	service must be completed.
	(b-1)  The justice or judge may order a defendant required to
	perform community service under this article to pay a reasonable
	administrative fee for the administration and supervision of the
	defendant's community service.
	(b-2)  If the defendant fails to complete community service
	required under this article by the date specified under Subsection
	(b), the amount of the fine or costs that remains unpaid on that
	date is automatically reinstated and due.
	SECTION 6.  Article 45.0491, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 45.0491.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
	INDIGENT DEFENDANTS AND CHILDREN.  A municipal court, regardless
	of whether the court is a court of record, or a justice court may
	waive payment of a fine or costs imposed on a defendant [who
	defaults in payment] if the court determines that:
	(1)  the defendant is indigent or was, at the time the
	offense was committed, a child 18 years or younger at the time of
	the offense [as defined by Article 45.058(h)]; and
	(2)  discharging the fine and costs under Article
	45.049 or as otherwise authorized by this chapter would impose an
	undue hardship on the defendant.
	SECTION 7.  The changes in law made by this Act apply to a
	sentencing proceeding that commences before, on, or after the
	effective date of this Act.
	SECTION 8.  This Act takes effect September 1, 2017.