|  | 
      
        |  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to the administrative, civil, and criminal consequences, | 
      
        |  | including fines, fees, and costs, imposed on persons arrested for, | 
      
        |  | charged with, or convicted of certain criminal offenses. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Article 14.06(b), Code of Criminal Procedure, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  A peace officer who is charging a person, including a | 
      
        |  | child, with committing an offense that is a Class C misdemeanor, | 
      
        |  | other than an offense under Section 49.02, Penal Code, may, instead | 
      
        |  | of taking the person before a magistrate, issue a citation to the | 
      
        |  | person that contains: | 
      
        |  | (1)  written notice of the time and place the person | 
      
        |  | must appear before a magistrate; | 
      
        |  | (2)  [ ,] the name and address of the person charged; | 
      
        |  | (3)  [ ,] the offense charged; | 
      
        |  | (4)  information regarding the alternatives to the full | 
      
        |  | payment of any fine or costs assessed against the person, if the | 
      
        |  | person is convicted of the offense and is unable to pay that amount; | 
      
        |  | [ ,] and | 
      
        |  | (5)  the following admonishment, in boldfaced or | 
      
        |  | underlined type or in capital letters: | 
      
        |  | "If you are convicted of a misdemeanor offense involving | 
      
        |  | violence where you are or were a spouse, intimate partner, parent, | 
      
        |  | or guardian of the victim or are or were involved in another, | 
      
        |  | similar relationship with the victim, it may be unlawful for you to | 
      
        |  | possess or purchase a firearm, including a handgun or long gun, or | 
      
        |  | ammunition, pursuant to federal law under 18 U.S.C. Section | 
      
        |  | 922(g)(9) or Section 46.04(b), Texas Penal Code.  If you have any | 
      
        |  | questions whether these laws make it illegal for you to possess or | 
      
        |  | purchase a firearm, you should consult an attorney." | 
      
        |  | SECTION 2.  Section 4(a), Article 17.42, Code of Criminal | 
      
        |  | Procedure, is amended to read as follows: | 
      
        |  | (a)  Except as otherwise provided by this subsection, if [ If] | 
      
        |  | a court releases an accused on personal bond on the recommendation | 
      
        |  | of a personal bond office, the court shall assess a personal bond | 
      
        |  | 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. | 
      
        |  | SECTION 3.  Article 27.14(b), Code of Criminal Procedure, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  A defendant charged with a misdemeanor for which the | 
      
        |  | maximum possible punishment is by fine only may, in lieu of the | 
      
        |  | method provided in Subsection (a) of this article, mail or deliver | 
      
        |  | in person to the court a plea of "guilty" or a plea of "nolo | 
      
        |  | contendere" and a waiver of jury trial.  The defendant may also | 
      
        |  | request in writing that the court notify the defendant, at the | 
      
        |  | address stated in the request, of the amount of an appeal bond that | 
      
        |  | the court will approve.  If the court receives a plea and waiver | 
      
        |  | before the time the defendant is scheduled to appear in court, the | 
      
        |  | court shall dispose of the case without requiring a court | 
      
        |  | appearance by the defendant.  If the court receives a plea and | 
      
        |  | waiver after the time the defendant is scheduled to appear in court | 
      
        |  | but at least five business days before a scheduled trial date, the | 
      
        |  | court shall dispose of the case without requiring a court | 
      
        |  | appearance by the defendant.  The court shall notify the defendant | 
      
        |  | either in person or by certified mail, return receipt requested, of | 
      
        |  | the amount of any fine or costs assessed in the case, information | 
      
        |  | regarding the alternatives to the full payment of any fine or costs | 
      
        |  | assessed against the defendant, if the defendant is unable to pay | 
      
        |  | that amount, and, if requested by the defendant, the amount of an | 
      
        |  | appeal bond that the court will approve.  Except as otherwise | 
      
        |  | provided by this code, the [ The] defendant shall pay any fine or | 
      
        |  | costs assessed or give an appeal bond in the amount stated in the | 
      
        |  | notice before the 31st day after receiving the notice. | 
      
        |  | SECTION 4.  Article 42.15, Code of Criminal Procedure, is | 
      
        |  | amended by adding Subsection (a-1) and amending Subsection (b) to | 
      
        |  | read as follows: | 
      
        |  | (a-1)  Notwithstanding any other provision of this article, | 
      
        |  | a court may impose a fine and costs only if the court makes a written | 
      
        |  | determination that the defendant has sufficient resources or income | 
      
        |  | to pay all or part of the fine and costs.  In making that | 
      
        |  | determination, the court shall consider the defendant's financial | 
      
        |  | history and any other information relevant to the defendant's | 
      
        |  | ability to pay, including whether the defendant: | 
      
        |  | (1)  is a full-time student; | 
      
        |  | (2)  is a member of a household with a total annual | 
      
        |  | income that is: | 
      
        |  | (A)  at or below the applicable income level | 
      
        |  | established by the federal poverty guidelines; or | 
      
        |  | (B)  below the state or local median household | 
      
        |  | income; or | 
      
        |  | (3)  receives financial assistance from any federal, | 
      
        |  | state, or local assistance program. | 
      
        |  | (b)  Subject to Subsections (c) and (d) and Article 43.091, | 
      
        |  | 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 5.  Article 43.05, Code of Criminal Procedure, is | 
      
        |  | amended by adding Subsections (a-1) and (a-2) 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 on the defendant's ability to | 
      
        |  | satisfy the judgment and: | 
      
        |  | (1)  the defendant fails to appear at the hearing; or | 
      
        |  | (2)  based on evidence presented at the hearing, the | 
      
        |  | court makes a written determination that: | 
      
        |  | (A)  the defendant is not indigent and has failed | 
      
        |  | to make a good faith effort to discharge the fine or costs; or | 
      
        |  | (B)  the defendant is indigent and: | 
      
        |  | (i)  has failed to make a good faith effort | 
      
        |  | to discharge the fine or costs under Article 43.09(f); and | 
      
        |  | (ii)  could have discharged the fine or | 
      
        |  | costs under Article 43.09(f) without experiencing any undue | 
      
        |  | hardship. | 
      
        |  | (a-2)  The court shall recall a capias pro fine if, before | 
      
        |  | the capias pro fine is executed, the defendant voluntarily appears | 
      
        |  | to resolve the amount owed. | 
      
        |  | SECTION 6.  Article 43.09, Code of Criminal Procedure, is | 
      
        |  | amended by amending Subsections (a), (g), (h), (j), and (l) and | 
      
        |  | adding Subsection (h-1) to read as follows: | 
      
        |  | (a)  When a defendant is convicted of a misdemeanor and the | 
      
        |  | defendant's [ his] punishment is assessed at a pecuniary fine or is | 
      
        |  | confined in a jail after conviction of a felony for which a fine is | 
      
        |  | imposed, if the defendant [ he] is unable to pay the fine and costs | 
      
        |  | adjudged against the defendant [ him], the defendant [he] may for | 
      
        |  | such time as will satisfy the judgment be put to work in the county | 
      
        |  | jail industries program, in the workhouse, or on the county farm, or | 
      
        |  | public improvements and maintenance projects of the county or a | 
      
        |  | political subdivision located in whole or in part in the county, as | 
      
        |  | provided in Article 43.10 [ the succeeding article];  or if there is | 
      
        |  | [ be] no such county jail industries program, workhouse, farm, or | 
      
        |  | improvements and maintenance projects, the defendant [ he] shall be | 
      
        |  | confined in jail for a sufficient length of time to discharge the | 
      
        |  | full amount of fine and costs adjudged against the defendant [ him]; | 
      
        |  | rating such confinement at $100 [ $50] for each day and rating such | 
      
        |  | labor at $100 [ $50] for each day;  provided, however, that the | 
      
        |  | defendant may pay the pecuniary fine assessed against the defendant | 
      
        |  | [ him] at any time while the defendant [he] is serving at work in the | 
      
        |  | county jail industries program, in the workhouse, or on the county | 
      
        |  | farm, or on the public improvements and maintenance projects of the | 
      
        |  | county or a political subdivision located in whole or in part in the | 
      
        |  | county, or while the defendant [ he] is serving the defendant's | 
      
        |  | [ his] jail sentence, and in such instances the defendant is [he  | 
      
        |  | shall be] entitled to the credit [he has] earned under this | 
      
        |  | subsection during the time that the defendant [ he] has served and | 
      
        |  | the defendant [ he] shall only be required to pay the [his] balance | 
      
        |  | of the pecuniary fine assessed against the defendant [ him].  A | 
      
        |  | defendant who performs labor under this article during a day in | 
      
        |  | which the defendant [ he] is confined is entitled to both the credit | 
      
        |  | for confinement and the credit for labor provided by this article. | 
      
        |  | (g)  In the court's [ 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 of community service the | 
      
        |  | defendant is required to perform [ work]; and | 
      
        |  | (2)  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. | 
      
        |  | (h)  The court may order the defendant to perform community | 
      
        |  | service [ work] under Subsection (f): | 
      
        |  | (1)  by attending a work and job skills training | 
      
        |  | program, preparatory class for the high school equivalency | 
      
        |  | examination administered under Section 7.111, Education Code, or | 
      
        |  | similar activity; or | 
      
        |  | (2)  [ of this article only] for: | 
      
        |  | (A)  a governmental entity; | 
      
        |  | (B)  [ or] a nonprofit organization or another | 
      
        |  | organization that provides services to the general public that | 
      
        |  | enhance social welfare and the general well-being of the community, | 
      
        |  | as determined by the court; | 
      
        |  | (C)  a religious organization; | 
      
        |  | (D)  a neighborhood association or group; or | 
      
        |  | (E)  an educational institution. | 
      
        |  | (h-1)  An [ A governmental] entity [or nonprofit  | 
      
        |  | organization] that accepts a defendant under Subsection (f) [of  | 
      
        |  | this article] to perform community service must agree to supervise, | 
      
        |  | either on-site or remotely, the defendant in the performance of the | 
      
        |  | defendant's community service [ work] and report on the defendant's | 
      
        |  | community service [ work] to the district probation department or | 
      
        |  | court-related services office. | 
      
        |  | (j)  A court may not order a defendant to perform more than 16 | 
      
        |  | hours per week of community service under Subsection (f) [ of this  | 
      
        |  | article] unless the court determines that requiring the defendant | 
      
        |  | to perform [ work] additional hours does not impose an undue [work a] | 
      
        |  | hardship on the defendant or the defendant's dependents. | 
      
        |  | (l)  A sheriff, employee of a sheriff's department, county | 
      
        |  | commissioner, county employee, county judge, an employee of a | 
      
        |  | community corrections and supervision department, restitution | 
      
        |  | center, or officer or employee of a political subdivision other | 
      
        |  | than a county or an entity that accepts a defendant under this | 
      
        |  | article to perform community service is not liable for damages | 
      
        |  | arising from an act or failure to act in connection with manual | 
      
        |  | labor performed by an inmate or community service performed by a | 
      
        |  | defendant under [ pursuant to] this article if the act or failure to | 
      
        |  | act: | 
      
        |  | (1)  was performed pursuant to confinement or other | 
      
        |  | court order; and | 
      
        |  | (2)  was not intentional, wilfully or wantonly | 
      
        |  | negligent, or performed with conscious indifference or reckless | 
      
        |  | disregard for the safety of others. | 
      
        |  | SECTION 7.  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 8.  Article 45.014, Code of Criminal Procedure, is | 
      
        |  | amended by adding Subsections (e), (f), and (g) to read as follows: | 
      
        |  | (e)  A justice or judge may not issue an arrest warrant for | 
      
        |  | the defendant's failure to appear, including failure to appear as | 
      
        |  | required by a citation issued under Article 14.06(b), unless: | 
      
        |  | (1)  the justice or judge provides by telephone or | 
      
        |  | certified mail to the defendant notice that includes: | 
      
        |  | (A)  at least two dates and times, occurring | 
      
        |  | within the 30-day period following the date that notice is | 
      
        |  | provided, when the defendant may appear before the justice or | 
      
        |  | judge; | 
      
        |  | (B)  the name and address of the court with | 
      
        |  | jurisdiction in the case; | 
      
        |  | (C)  information regarding alternatives to the | 
      
        |  | full payment of any fine or costs owed by the defendant, if the | 
      
        |  | defendant is unable to pay that amount; and | 
      
        |  | (D)  an explanation of the consequences if the | 
      
        |  | defendant fails to appear before the justice or judge within the | 
      
        |  | period described by Paragraph (A); and | 
      
        |  | (2)  the defendant fails to appear before the justice | 
      
        |  | or judge on or before the 30th day after the date that notice is | 
      
        |  | provided under Subdivision (1). | 
      
        |  | (f)  A defendant who receives notice under Subsection (e) may | 
      
        |  | request an alternative date or time to appear before the justice or | 
      
        |  | judge if the defendant is unable to appear on a date and at a time | 
      
        |  | provided in the notice. | 
      
        |  | (g)  A justice or judge shall recall an arrest warrant for | 
      
        |  | the defendant's failure to appear if the defendant voluntarily | 
      
        |  | appears to resolve the arrest warrant before the warrant is | 
      
        |  | executed. | 
      
        |  | SECTION 9.  Article 45.016, Code of Criminal Procedure, is | 
      
        |  | amended to read as follows: | 
      
        |  | Art. 45.016.  PERSONAL BOND; BAIL BOND PROHIBITED.  (a)  The | 
      
        |  | justice or judge may require the defendant to give a personal bond | 
      
        |  | [ bail] to secure the defendant's appearance in accordance with this | 
      
        |  | code. | 
      
        |  | (b)  The justice or judge may not, either instead of or in | 
      
        |  | addition to the personal bond, require a defendant to give a bail | 
      
        |  | bond, as defined by Article 17.02, or require a surety or other | 
      
        |  | security. | 
      
        |  | (c)  If the defendant refuses [ fails] to give a personal bond | 
      
        |  | [ bail], the defendant may be held in custody. | 
      
        |  | SECTION 10.  Article 45.019(a), Code of Criminal Procedure, | 
      
        |  | is amended to read as follows: | 
      
        |  | (a)  A complaint is sufficient, without regard to its form, | 
      
        |  | if it substantially satisfies the following requisites: | 
      
        |  | (1)  it must be in writing; | 
      
        |  | (2)  it must commence "In the name and by the authority | 
      
        |  | of the State of Texas"; | 
      
        |  | (3)  it must state the name of the accused, if known, or | 
      
        |  | if unknown, must include a reasonably definite description of the | 
      
        |  | accused; | 
      
        |  | (4)  it must show that the accused has committed an | 
      
        |  | offense against the law of this state, or state that the affiant has | 
      
        |  | good reason to believe and does believe that the accused has | 
      
        |  | committed an offense against the law of this state; | 
      
        |  | (5)  it must state the date the offense was committed as | 
      
        |  | definitely as the affiant is able to provide; | 
      
        |  | (6)  it must contain information regarding the | 
      
        |  | alternatives to the full payment of any fine or costs assessed | 
      
        |  | against the accused, if the accused is convicted of the offense and | 
      
        |  | is unable to pay that amount; | 
      
        |  | (7)  it must bear the signature or mark of the affiant; | 
      
        |  | and | 
      
        |  | (8) [ (7)]  it must conclude with the words "Against the | 
      
        |  | peace and dignity of the State" and, if the offense charged is an | 
      
        |  | offense only under a municipal ordinance, it may also conclude with | 
      
        |  | the words "Contrary to the said ordinance". | 
      
        |  | SECTION 11.  Article 45.041, Code of Criminal Procedure, is | 
      
        |  | amended by adding Subsection (a-1) and amending Subsection (b) to | 
      
        |  | read as follows: | 
      
        |  | (a-1)  Notwithstanding any other provision of this article, | 
      
        |  | the justice or judge may impose a fine and costs only if the justice | 
      
        |  | or judge makes a written determination that the defendant has | 
      
        |  | sufficient resources or income to pay all or part of the fine and | 
      
        |  | costs.  In making that determination, the justice or judge shall | 
      
        |  | consider the defendant's financial history and any other | 
      
        |  | information relevant to the defendant's ability to pay, including | 
      
        |  | whether the defendant: | 
      
        |  | (1)  is a full-time student; | 
      
        |  | (2)  is a member of a household with a total annual | 
      
        |  | income that is: | 
      
        |  | (A)  at or below the applicable income level | 
      
        |  | established by the federal poverty guidelines; or | 
      
        |  | (B)  below the state or local median household | 
      
        |  | income; or | 
      
        |  | (3)  receives financial assistance from any federal, | 
      
        |  | state, or local assistance program. | 
      
        |  | (b)  Subject to Subsections (b-2) and (b-3) and Article | 
      
        |  | 45.0491, the justice or judge may direct the defendant: | 
      
        |  | (1)  to pay: | 
      
        |  | (A)  the entire fine and costs when sentence is | 
      
        |  | pronounced; | 
      
        |  | (B)  the entire fine and costs at some later date; | 
      
        |  | or | 
      
        |  | (C)  a specified portion of the fine and costs at | 
      
        |  | designated intervals; | 
      
        |  | (2)  if applicable, to make restitution to any victim | 
      
        |  | of the offense; and | 
      
        |  | (3)  to satisfy any other sanction authorized by law. | 
      
        |  | SECTION 12.  Article 45.0425(a), Code of Criminal Procedure, | 
      
        |  | is amended to read as follows: | 
      
        |  | (a)  If the court from whose judgment and sentence the appeal | 
      
        |  | is taken is in session, the court must approve the bail.  The amount | 
      
        |  | of an appeal [ a bail] bond may not be less than two times the amount | 
      
        |  | of the fine and costs adjudged against the defendant, payable to the | 
      
        |  | State of Texas.  The appeal bond [ bail] may not in any case be for an | 
      
        |  | amount [ a sum] less than $50.  If the appeal bond otherwise meets | 
      
        |  | the requirements of this code, the court without requiring a court | 
      
        |  | appearance by the defendant shall approve the appeal bond in the | 
      
        |  | amount the court under Article 27.14(b) notified the defendant | 
      
        |  | would be approved. | 
      
        |  | SECTION 13.  Article 45.045, Code of Criminal Procedure, is | 
      
        |  | amended by adding Subsections (a-2) and (a-3) 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 on the defendant's ability to | 
      
        |  | satisfy the judgment and: | 
      
        |  | (1)  the defendant fails to appear at the hearing; or | 
      
        |  | (2)  based on evidence presented at the hearing, the | 
      
        |  | court makes a written determination that: | 
      
        |  | (A)  the defendant is not indigent and has failed | 
      
        |  | to make a good faith effort to discharge the fine or costs; or | 
      
        |  | (B)  the defendant is indigent and: | 
      
        |  | (i)  has failed to make a good faith effort | 
      
        |  | to discharge the fine or costs under Article 45.049; and | 
      
        |  | (ii)  could have discharged the fine or | 
      
        |  | costs under Article 45.049 without experiencing any undue hardship. | 
      
        |  | (a-3)  The court shall recall a capias pro fine if, before | 
      
        |  | the capias pro fine is executed, the defendant voluntarily appears | 
      
        |  | to resolve the amount owed. | 
      
        |  | SECTION 14.  Article 45.046(a), Code of Criminal Procedure, | 
      
        |  | is amended to read as follows: | 
      
        |  | (a)  When a judgment and sentence have been entered against a | 
      
        |  | defendant and the defendant defaults in the discharge of the | 
      
        |  | judgment, the judge may order the defendant confined in jail until | 
      
        |  | discharged by law if the judge at a hearing makes a written | 
      
        |  | determination that: | 
      
        |  | (1)  the defendant is not indigent and has failed to | 
      
        |  | make a good faith effort to discharge the fine or [ and] costs; or | 
      
        |  | (2)  the defendant is indigent and: | 
      
        |  | (A)  has failed to make a good faith effort to | 
      
        |  | discharge the fine or [ fines and] costs under Article 45.049; and | 
      
        |  | (B)  could have discharged the fine or [ fines and] | 
      
        |  | costs under Article 45.049 without experiencing any undue hardship. | 
      
        |  | SECTION 15.  Article 45.048, Code of Criminal Procedure, is | 
      
        |  | amended to read as follows: | 
      
        |  | Art. 45.048.  DISCHARGED FROM JAIL.  (a)  A defendant placed | 
      
        |  | in jail on account of failure to pay the fine and costs shall be | 
      
        |  | discharged on habeas corpus by showing that the defendant: | 
      
        |  | (1)  is too poor to pay the fine and costs; or | 
      
        |  | (2)  has remained in jail a sufficient length of time to | 
      
        |  | satisfy the fine and costs, at the rate of not less than $100 [ $50] | 
      
        |  | for each period [ of time] served, as specified by the convicting | 
      
        |  | court in the judgment in the case. | 
      
        |  | (b)  A convicting court may specify a period [ of time] that | 
      
        |  | is not less than eight hours or more than 24 hours as the period for | 
      
        |  | which a defendant who fails to pay the fine [ fines] and costs in the | 
      
        |  | case must remain in jail to satisfy $100 [ $50] of the fine and | 
      
        |  | costs. | 
      
        |  | SECTION 16.  Article 45.049, Code of Criminal Procedure, is | 
      
        |  | amended by amending Subsections (b), (c), (d), (e), (f), and (g) and | 
      
        |  | adding Subsection (c-1) 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 of | 
      
        |  | community service the defendant is required to perform [ work]. | 
      
        |  | (c)  The justice or judge may order the defendant to perform | 
      
        |  | community service [ work] under this article: | 
      
        |  | (1)  by attending a work and job skills training | 
      
        |  | program, a preparatory class for the high school equivalency | 
      
        |  | examination administered under Section 7.111, Education Code, or | 
      
        |  | similar activity; or | 
      
        |  | (2)  [ only] for: | 
      
        |  | (A)  a governmental entity; | 
      
        |  | (B)  [ or] a nonprofit organization or another | 
      
        |  | organization that provides services to the general public that | 
      
        |  | enhance social welfare and the general well-being of the community, | 
      
        |  | as determined by the justice or judge; | 
      
        |  | (C)  a religious organization; | 
      
        |  | (D)  a neighborhood association or group; or | 
      
        |  | (E)  an educational institution. | 
      
        |  | (c-1)  An [ A governmental] entity [or nonprofit  | 
      
        |  | organization] that accepts a defendant under this article to | 
      
        |  | perform community service must agree to supervise, either on-site | 
      
        |  | or remotely, the defendant in the performance of the defendant's | 
      
        |  | community service [ work] and report on the defendant's community | 
      
        |  | service [ work] to the justice or judge who ordered the [community] | 
      
        |  | service. | 
      
        |  | (d)  A justice or judge may not order a defendant to perform | 
      
        |  | more than 16 hours per week of community service under this article | 
      
        |  | unless the justice or judge determines that requiring the defendant | 
      
        |  | to perform [ work] additional hours does not impose an undue [work a] | 
      
        |  | hardship on the defendant or the defendant's dependents. | 
      
        |  | (e)  A defendant is considered to have discharged not less | 
      
        |  | than $100 [ $50] of fines or costs for each eight hours of community | 
      
        |  | service performed under this article. | 
      
        |  | (f)  A sheriff, employee of a sheriff's department, county | 
      
        |  | commissioner, county employee, county judge, justice of the peace, | 
      
        |  | municipal court judge, or officer or employee of a political | 
      
        |  | subdivision other than a county or an entity that accepts a | 
      
        |  | defendant under this article to perform community service is not | 
      
        |  | liable for damages arising from an act or failure to act in | 
      
        |  | connection with community service [ manual labor] performed by a | 
      
        |  | defendant under this article if the act or failure to act: | 
      
        |  | (1)  was performed pursuant to court order; and | 
      
        |  | (2)  was not intentional, wilfully or wantonly | 
      
        |  | negligent, or performed with conscious indifference or reckless | 
      
        |  | disregard for the safety of others. | 
      
        |  | (g)  This subsection applies only to a defendant who is | 
      
        |  | charged with a traffic offense or an offense under Section 106.05, | 
      
        |  | Alcoholic Beverage Code, and is a resident of this state.  If under | 
      
        |  | Article 45.051(b)(10), Code of Criminal Procedure, the judge | 
      
        |  | requires the defendant to perform community service as a condition | 
      
        |  | of the deferral, the defendant is entitled to elect whether to | 
      
        |  | perform the required [ governmental entity or nonprofit  | 
      
        |  | organization community] service in: | 
      
        |  | (1)  the county in which the court is located; or | 
      
        |  | (2)  the county in which the defendant resides, but | 
      
        |  | only if the applicable entity [ or organization] agrees to: | 
      
        |  | (A)  supervise, either on-site or remotely, the | 
      
        |  | defendant in the performance of the defendant's community service | 
      
        |  | [ work]; and | 
      
        |  | (B)  report to the court on the defendant's | 
      
        |  | community service [ work]. | 
      
        |  | SECTION 17.  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 FOR 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 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 18.  The heading to Article 45.0492, Code of | 
      
        |  | Criminal Procedure, as added by Chapter 227 (H.B. 350), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is amended to read as | 
      
        |  | follows: | 
      
        |  | Art. 45.0492.  COMMUNITY SERVICE [ OR TUTORING] IN | 
      
        |  | SATISFACTION OF FINE OR COSTS FOR CERTAIN JUVENILE DEFENDANTS. | 
      
        |  | SECTION 19.  Article 45.0492, Code of Criminal Procedure, as | 
      
        |  | added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is amended by amending Subsections (b), (c), | 
      
        |  | (d), (f), (g), and (h) and adding Subsection (d-1) to read as | 
      
        |  | follows: | 
      
        |  | (b)  A justice or judge may require a defendant described by | 
      
        |  | Subsection (a) to discharge all or part of the fine or costs by | 
      
        |  | performing community service [ or attending a tutoring program that  | 
      
        |  | is satisfactory to the court].  A defendant may discharge an | 
      
        |  | obligation to perform community service [ or attend a tutoring  | 
      
        |  | program] under this article by paying at any time the fine and costs | 
      
        |  | assessed. | 
      
        |  | (c)  In the justice's or judge's order requiring a defendant | 
      
        |  | to perform [ participate in] community service [work or a tutoring  | 
      
        |  | program] under this article, the justice or judge must specify the | 
      
        |  | number of hours of community service the defendant is required to | 
      
        |  | perform [ work or attend tutoring]. | 
      
        |  | (d)  The justice or judge may order the defendant to perform | 
      
        |  | community service [ work] under this article: | 
      
        |  | (1)  by attending a tutoring program, work and job | 
      
        |  | skills training program, preparatory class for the high school | 
      
        |  | equivalency examination administered under Section 7.111, | 
      
        |  | Education Code, or similar activity; or | 
      
        |  | (2)  [ only] for: | 
      
        |  | (A)  a governmental entity; | 
      
        |  | (B)  [ or] a nonprofit organization or another | 
      
        |  | organization that provides services to the general public that | 
      
        |  | enhance social welfare and the general well-being of the community, | 
      
        |  | as determined by the justice or judge; | 
      
        |  | (C)  a religious organization; | 
      
        |  | (D)  a neighborhood association or group; or | 
      
        |  | (E)  an educational institution. | 
      
        |  | (d-1)  An [ A governmental] entity [or nonprofit  | 
      
        |  | organization] that accepts a defendant under this article to | 
      
        |  | perform community service must agree to supervise, either on-site | 
      
        |  | or remotely, the defendant in the performance of the defendant's | 
      
        |  | community service [ work] and report on the defendant's community | 
      
        |  | service [ work] to the justice or judge who ordered the [community] | 
      
        |  | service. | 
      
        |  | (f)  A justice or judge may not order a defendant to perform | 
      
        |  | more than 16 hours of community service per week [ or attend more  | 
      
        |  | than 16 hours of tutoring per week] under this article unless the | 
      
        |  | justice or judge determines that requiring the defendant to perform | 
      
        |  | additional hours [ of work or tutoring] does not impose an undue | 
      
        |  | [ cause a] hardship on the defendant or the defendant's family.  For | 
      
        |  | purposes of this subsection, "family" has the meaning assigned by | 
      
        |  | Section 71.003, Family Code. | 
      
        |  | (g)  A defendant is considered to have discharged not less | 
      
        |  | than $100 [ $50] of fines or costs for each eight hours of community | 
      
        |  | service performed [ or tutoring program attended] under this | 
      
        |  | article. | 
      
        |  | (h)  A sheriff, employee of a sheriff's department, county | 
      
        |  | commissioner, county employee, county judge, justice of the peace, | 
      
        |  | municipal court judge, or officer or employee of a political | 
      
        |  | subdivision other than a county or an entity that accepts a | 
      
        |  | defendant under this article to perform community service [ ,  | 
      
        |  | nonprofit organization, or tutoring program] is not liable for | 
      
        |  | damages arising from an act or failure to act in connection with | 
      
        |  | community service [ an activity] performed by a defendant under this | 
      
        |  | article if the act or failure to act: | 
      
        |  | (1)  was performed pursuant to court order; and | 
      
        |  | (2)  was not intentional, grossly negligent, or | 
      
        |  | performed with conscious indifference or reckless disregard for the | 
      
        |  | safety of others. | 
      
        |  | SECTION 20.  Article 45.0492, Code of Criminal Procedure, as | 
      
        |  | added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is amended by amending Subsections (d), (e), | 
      
        |  | and (f) and adding Subsections (d-1) and (h) to read as follows: | 
      
        |  | (d)  The justice or judge may order the defendant to perform | 
      
        |  | community service [ work] under this article: | 
      
        |  | (1)  by attending a work and job skills training | 
      
        |  | program, preparatory class for the high school equivalency | 
      
        |  | examination administered under Section 7.111, Education Code, or | 
      
        |  | similar activity; or | 
      
        |  | (2)  [ only] for: | 
      
        |  | (A)  a governmental entity; | 
      
        |  | (B)  [ or] a nonprofit organization or another | 
      
        |  | organization that provides services to the general public that | 
      
        |  | enhance social welfare and the general well-being of the community, | 
      
        |  | as determined by the justice or judge; | 
      
        |  | (C)  a religious organization; | 
      
        |  | (D)  a neighborhood association or group; or | 
      
        |  | (E)  an educational institution. | 
      
        |  | (d-1)  An [ A governmental] entity [or nonprofit  | 
      
        |  | organization] that accepts a defendant under this article to | 
      
        |  | perform community service must agree to supervise, either on-site | 
      
        |  | or remotely, the defendant in the performance of the defendant's | 
      
        |  | community service [ work] and report on the defendant's community | 
      
        |  | service [ work] to the justice or judge who ordered the [community] | 
      
        |  | service. | 
      
        |  | (e)  A justice or judge may not order a defendant to perform | 
      
        |  | more than 16 hours of community service per week under this article | 
      
        |  | unless the justice or judge determines that requiring the defendant | 
      
        |  | to perform additional hours [ of work] does not impose an undue | 
      
        |  | [ cause a] hardship on the defendant or the defendant's family.  For | 
      
        |  | purposes of this subsection, "family" has the meaning assigned by | 
      
        |  | Section 71.003, Family Code. | 
      
        |  | (f)  A sheriff, employee of a sheriff's department, county | 
      
        |  | commissioner, county employee, county judge, justice of the peace, | 
      
        |  | municipal court judge, or officer or employee of a political | 
      
        |  | subdivision other than a county or an entity that accepts a | 
      
        |  | defendant under this article to perform community service is not | 
      
        |  | liable for damages arising from an act or failure to act in | 
      
        |  | connection with community service performed by a defendant under | 
      
        |  | this article if the act or failure to act: | 
      
        |  | (1)  was performed pursuant to court order; and | 
      
        |  | (2)  was not intentional, wilfully or wantonly | 
      
        |  | negligent, or performed with conscious indifference or reckless | 
      
        |  | disregard for the safety of others. | 
      
        |  | (h)  A defendant is considered to have discharged not less | 
      
        |  | than $100 of fines or costs for each eight hours of community | 
      
        |  | service performed under this article. | 
      
        |  | SECTION 21.  Article 45.051(a), Code of Criminal Procedure, | 
      
        |  | is 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 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 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 special expense fee for good cause shown | 
      
        |  | by the defendant.  If the judge orders the collection of a special | 
      
        |  | expense fee, the judge shall require that the amount of the special | 
      
        |  | expense fee be credited toward the payment of the amount of the fine | 
      
        |  | imposed by the judge.  An order of deferral under this subsection | 
      
        |  | terminates any liability under a personal [ bail bond or an  | 
      
        |  | appearance] bond given for the charge. | 
      
        |  | SECTION 22.  Article 45.0511(t), Code of Criminal Procedure, | 
      
        |  | is amended to read as follows: | 
      
        |  | (t)  An order of deferral under Subsection (c) terminates any | 
      
        |  | liability under a personal [ bail bond or appearance] bond given for | 
      
        |  | the charge. | 
      
        |  | SECTION 23.  Articles 103.0031(a), (b), (d), (f), (g), and | 
      
        |  | (j), Code of Criminal Procedure, are amended to read as follows: | 
      
        |  | (a)  The commissioners court of a county or the governing | 
      
        |  | body of a municipality may enter into a contract with a private | 
      
        |  | attorney or a public or private vendor for the provision of | 
      
        |  | collection services for one or more of the following items: | 
      
        |  | (1)  debts and accounts receivable such as unpaid | 
      
        |  | fines, fees, court costs, forfeited bonds, and restitution ordered | 
      
        |  | paid by: | 
      
        |  | (A)  a court serving the county or a court serving | 
      
        |  | the municipality, as applicable; or | 
      
        |  | (B)  a hearing officer serving the municipality | 
      
        |  | under Chapter 682, Transportation Code; and | 
      
        |  | (2)  [ amounts in cases in which the accused has failed  | 
      
        |  | to appear: | 
      
        |  | [ (A)  as promised under Subchapter A, Chapter 543,  | 
      
        |  | Transportation Code, or other law; | 
      
        |  | [ (B)  in compliance with a lawful written notice  | 
      
        |  | to appear issued under Article 14.06(b) or other law; | 
      
        |  | [ (C)  in compliance with a lawful summons issued  | 
      
        |  | under Article 15.03(b) or other law; | 
      
        |  | [ (D)  in compliance with a lawful order of a court  | 
      
        |  | serving the county or municipality; or | 
      
        |  | [ (E)  as specified in a citation, summons, or  | 
      
        |  | other notice authorized by Section 682.002, Transportation Code,  | 
      
        |  | that charges the accused with a parking or stopping offense; and | 
      
        |  | [ (3)]  false alarm penalties or fees imposed by a | 
      
        |  | county under Chapter 118 or 233, Local Government Code, or by a | 
      
        |  | municipality under a municipal ordinance. | 
      
        |  | (b)  A commissioners court or governing body of a | 
      
        |  | municipality that enters into a contract with a private attorney or | 
      
        |  | private vendor under this article may authorize the addition of a | 
      
        |  | collection fee in the amount of 15 [ 30] percent on each item | 
      
        |  | described in Subsection (a) that is more than 60 days past due and | 
      
        |  | has been referred to the attorney or vendor for collection.  The | 
      
        |  | collection fee does not apply to a case that has been dismissed by a | 
      
        |  | court of competent jurisdiction or to any amount that has been | 
      
        |  | satisfied through time-served credit or community service.  The | 
      
        |  | collection fee may be applied to any balance remaining after a | 
      
        |  | partial credit for time served or community service if the balance | 
      
        |  | is more than 60 days past due.  Unless the contract provides | 
      
        |  | otherwise, the court shall calculate the amount of any collection | 
      
        |  | fee due to the governmental entity or to the private attorney or | 
      
        |  | private vendor performing the collection services and shall receive | 
      
        |  | all fees, including the collection fee.  [ With respect to cases  | 
      
        |  | described by Subsection (a)(2), the amount to which the 30 percent  | 
      
        |  | collection fee applies is: | 
      
        |  | [ (1)  the amount to be paid that is communicated to the  | 
      
        |  | accused as acceptable to the court under its standard policy for  | 
      
        |  | resolution of the case, if the accused voluntarily agrees to pay  | 
      
        |  | that amount; or | 
      
        |  | [ (2)  the amount ordered paid by the court after plea or  | 
      
        |  | trial.] | 
      
        |  | (d)  A county or municipality may not enter into a contract | 
      
        |  | under Subsection (a) for the provision of collection services in | 
      
        |  | cases in which [ defendant is not liable for the collection fees  | 
      
        |  | authorized under Subsection (b) if] the court with [of original] | 
      
        |  | jurisdiction over the case has determined the defendant is | 
      
        |  | indigent, or has insufficient resources or income, or is otherwise | 
      
        |  | unable to pay all or part of the applicable amount owed [ underlying  | 
      
        |  | fine or costs]. | 
      
        |  | (f)  An item subject to collection services under Subsection | 
      
        |  | (a) and to the additional collection fee authorized by Subsection | 
      
        |  | (b) is considered more than 60 days past due under Subsection (b) if | 
      
        |  | it remains unpaid on the 61st day after the following appropriate | 
      
        |  | date: | 
      
        |  | (1)  with respect to an item described by Subsection | 
      
        |  | (a)(1), the date on which the debt, fine, fee, forfeited bond, or | 
      
        |  | court cost must be paid in full as determined by the court or | 
      
        |  | hearing officer; or | 
      
        |  | (2)  with respect to an item described by Subsection | 
      
        |  | (a)(2), [ the date by which the accused promised to appear or was  | 
      
        |  | notified, summoned, or ordered to appear; or | 
      
        |  | [ (3)  with respect to an item described by Subsection  | 
      
        |  | (a)(3),] the date on which a penalty or fee is due under a rule or | 
      
        |  | order adopted under Chapter 233, Local Government Code, or an | 
      
        |  | ordinance, policy, procedure, or rule of a municipality. | 
      
        |  | (g)  A county or municipality that enters into a contract | 
      
        |  | under Subsection (a) may not use the additional 15 [ 30] percent | 
      
        |  | collection fee authorized by Subsection (b) for any purpose other | 
      
        |  | than compensating the private attorney or private vendor who earns | 
      
        |  | the fee. | 
      
        |  | (j)  A communication to the accused person regarding the | 
      
        |  | amount of payment that is acceptable to the court under the court's | 
      
        |  | standard policy for resolution of a case must include: | 
      
        |  | (1)  a notice of the person's right to enter a plea or go | 
      
        |  | to trial on any offense charged; and | 
      
        |  | (2)  information regarding the alternatives to the full | 
      
        |  | payment of any fine or costs assessed against the person, if the | 
      
        |  | person is convicted of the offense and is unable to pay that amount. | 
      
        |  | SECTION 24.  Section 102.0212, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 102.0212.  COURT COSTS ON CONVICTION:  LOCAL GOVERNMENT | 
      
        |  | CODE.  A person convicted of an offense shall pay the following | 
      
        |  | under the Local Government Code, in addition to all other costs: | 
      
        |  | (1)  court costs on conviction of a felony (Sec. | 
      
        |  | 133.102, Local Government Code) . . . $133; | 
      
        |  | (2)  court costs on conviction of a Class A or Class B | 
      
        |  | misdemeanor (Sec. 133.102, Local Government Code) . . . $83; | 
      
        |  | (3)  court costs on conviction of a nonjailable | 
      
        |  | misdemeanor offense, including a criminal violation of a municipal | 
      
        |  | ordinance, other than a conviction of an offense relating to a | 
      
        |  | pedestrian or the parking of a motor vehicle (Sec. 133.102, Local | 
      
        |  | Government Code) . . . $40; | 
      
        |  | (4)  [ a time payment fee if convicted of a felony or  | 
      
        |  | misdemeanor for paying any part of a fine, court costs, or  | 
      
        |  | restitution on or after the 31st day after the date on which a  | 
      
        |  | judgment is entered assessing the fine, court costs, or restitution  | 
      
        |  | (Sec. 133.103, Local Government Code) . . . $25; | 
      
        |  | [ (5)]  a cost on conviction of any offense, other than | 
      
        |  | an offense relating to a pedestrian or the parking of a motor | 
      
        |  | vehicle (Sec. 133.105, Local Government Code) . . . $6; and | 
      
        |  | (5) [ (6)]  a cost on conviction of any offense, other | 
      
        |  | than an offense relating to a pedestrian or the parking of a motor | 
      
        |  | vehicle (Sec. 133.107, Local Government Code) . . . $2. | 
      
        |  | SECTION 25.  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 | 
      
        |  | (Chapter 42A, 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 (Chapter 42A, Code of Criminal | 
      
        |  | Procedure) . . . not to exceed $50; | 
      
        |  | (7)  children's advocacy center fee (Chapter 42A, Code | 
      
        |  | of Criminal Procedure) . . . not to exceed $50; | 
      
        |  | (8)  family violence center fee (Chapter 42A, Code of | 
      
        |  | Criminal Procedure) . . . $100; | 
      
        |  | (9)  community supervision fee (Chapter 42A, Code of | 
      
        |  | Criminal Procedure) . . . not less than $25 or more than $60 per | 
      
        |  | month; | 
      
        |  | (10)  additional community supervision fee for certain | 
      
        |  | offenses (Chapter 42A, 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 (Chapter 42A, 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; | 
      
        |  | (20)  certified mailing of certified copies of an order | 
      
        |  | of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, | 
      
        |  | plus postage; | 
      
        |  | (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; | 
      
        |  | [ (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) . . . 15 | 
      
        |  | [ 30] percent of an amount more than 60 days past due; and | 
      
        |  | (25) [ (26)]  a cost on conviction for the truancy | 
      
        |  | prevention and diversion fund (Art. 102.015, Code of Criminal | 
      
        |  | Procedure) . . . $2. | 
      
        |  | SECTION 26.  Section 133.003, Local Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 133.003.  CRIMINAL FEES.  This chapter applies to the | 
      
        |  | following criminal fees: | 
      
        |  | (1)  the consolidated fee imposed under Section | 
      
        |  | 133.102; | 
      
        |  | (2)  [ the time payment fee imposed under Section  | 
      
        |  | 133.103; | 
      
        |  | [ (3)]  fees for services of peace officers employed by | 
      
        |  | the state imposed under Article 102.011, Code of Criminal | 
      
        |  | Procedure, and forwarded to the comptroller as provided by Section | 
      
        |  | 133.104; | 
      
        |  | (3) [ (4)]  costs on conviction imposed in certain | 
      
        |  | statutory county courts under Section 51.702, Government Code, and | 
      
        |  | deposited in the judicial fund; | 
      
        |  | (4) [ (5)]  costs on conviction imposed in certain | 
      
        |  | county courts under Section 51.703, Government Code, and deposited | 
      
        |  | in the judicial fund; | 
      
        |  | (5) [ (6)]  the administrative fee for failure to appear | 
      
        |  | or failure to pay or satisfy a judgment imposed under Section | 
      
        |  | 706.006, Transportation Code; | 
      
        |  | (6) [ (7)]  fines on conviction imposed under Section | 
      
        |  | 621.506(g), Transportation Code; | 
      
        |  | (7) [ (8)]  the fee imposed under Article 102.0045, Code | 
      
        |  | of Criminal Procedure; | 
      
        |  | (8) [ (9)]  the cost on conviction imposed under Section | 
      
        |  | 133.105 and deposited in the judicial fund; and | 
      
        |  | (9) [ (10)]  the cost on conviction imposed under | 
      
        |  | Section 133.107. | 
      
        |  | SECTION 27.  Section 502.010, Transportation Code, is | 
      
        |  | amended by amending Subsection (a) and adding Subsections (b-1), | 
      
        |  | (i), and (j) to read as follows: | 
      
        |  | (a)  Except as otherwise provided by this section, a [ A] | 
      
        |  | county assessor-collector or the department may refuse to register | 
      
        |  | a motor vehicle if the assessor-collector or the department | 
      
        |  | receives information that the owner of the vehicle: | 
      
        |  | (1)  owes the county money for a fine, fee, or tax that | 
      
        |  | is past due; or | 
      
        |  | (2)  failed to appear in connection with a complaint, | 
      
        |  | citation, information, or indictment in a court in the county in | 
      
        |  | which a criminal proceeding is pending against the owner. | 
      
        |  | (b-1)  Information that is provided to make a determination | 
      
        |  | under Subsection (a)(1) and that concerns the past due status of a | 
      
        |  | fine or fee imposed for a criminal offense and owed to the county | 
      
        |  | expires on the second anniversary of the date the information was | 
      
        |  | provided and may not be used to refuse registration after that date. | 
      
        |  | Once information about a past due fine or fee is provided under | 
      
        |  | Subsection (b), subsequent information about other fines or fees | 
      
        |  | that are imposed for a criminal offense and that become past due | 
      
        |  | before the second anniversary of the date the initial information | 
      
        |  | was provided may not be used, either before or after the second | 
      
        |  | anniversary of that date, to refuse registration under this section | 
      
        |  | unless the motor vehicle is no longer subject to refusal of | 
      
        |  | registration because of notice received under Subsection (c). | 
      
        |  | (i)  A municipal court judge or justice of the peace who has | 
      
        |  | jurisdiction over the underlying offense may waive an additional | 
      
        |  | 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 any court having jurisdiction over an offense with | 
      
        |  | respect to which a fine or fee was imposed makes a finding that the | 
      
        |  | defendant is economically unable to pay the fine or fee: | 
      
        |  | (1)  a county assessor-collector or the department may | 
      
        |  | not refuse to register the defendant's motor vehicle under this | 
      
        |  | section; and | 
      
        |  | (2)  a county may not impose an additional fee on the | 
      
        |  | defendant under Subsection (f). | 
      
        |  | SECTION 28.  Section 502.010(f), Transportation Code, as | 
      
        |  | amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of | 
      
        |  | the 82nd Legislature, Regular Session, 2011, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | (f)  Except as otherwise provided by this section, a [ A] | 
      
        |  | county that has a contract under Subsection (b) may impose an | 
      
        |  | additional fee of $20 to: | 
      
        |  | (1)  a person who fails to pay a fine, fee, or tax to the | 
      
        |  | county by the date on which the fine, fee, or tax is due; or | 
      
        |  | (2)  a person who fails to appear in connection with a | 
      
        |  | complaint, citation, information, or indictment in a court in which | 
      
        |  | a criminal proceeding is pending against the owner.  [ The  | 
      
        |  | additional fee may be used only to reimburse the department or the  | 
      
        |  | county for its expenses for providing services under the contract.] | 
      
        |  | SECTION 29.  Section 521.242(a), Transportation Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  A person whose license has been suspended for a cause | 
      
        |  | other than a physical or mental disability or impairment or a | 
      
        |  | conviction of an offense under Sections 49.04-49.08, Penal Code, | 
      
        |  | may apply for an occupational license by filing a verified petition | 
      
        |  | with the clerk of a municipal, justice, county, or district court | 
      
        |  | with jurisdiction that includes the precinct or county in which: | 
      
        |  | (1)  the person resides; or | 
      
        |  | (2)  the offense occurred for which the license was | 
      
        |  | suspended. | 
      
        |  | SECTION 30.  Chapter 706, Transportation Code, is amended by | 
      
        |  | adding Section 706.0011 to read as follows: | 
      
        |  | Sec. 706.0011.  FINDING BY COURT OF INABILITY TO PAY.  If the | 
      
        |  | court having jurisdiction over an offense for which a fine and cost | 
      
        |  | were imposed makes a finding that the defendant is economically | 
      
        |  | unable to pay the fine and cost: | 
      
        |  | (1)  the department may not deny renewal of the | 
      
        |  | defendant's license under this chapter; and | 
      
        |  | (2)  an administrative fee may not be imposed on the | 
      
        |  | defendant under Section 706.006. | 
      
        |  | SECTION 31.  Section 706.004, Transportation Code, is | 
      
        |  | amended by adding Subsection (c) to read as follows: | 
      
        |  | (c)  Notwithstanding Subsection (a), the department may deny | 
      
        |  | renewal of a person's driver's license under this section until the | 
      
        |  | earlier of: | 
      
        |  | (1)  the date the department receives clearance notice | 
      
        |  | under Section 706.005; or | 
      
        |  | (2)  the second anniversary of the date the person | 
      
        |  | failed to appear or failed to pay or satisfy a judgment. | 
      
        |  | SECTION 32.  Section 706.005, Transportation Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 706.005.  CLEARANCE NOTICE TO DEPARTMENT.  (a)  A | 
      
        |  | political subdivision shall immediately notify the department that | 
      
        |  | there is no cause to continue to deny renewal of a person's driver's | 
      
        |  | license based on the person's previous failure to appear or failure | 
      
        |  | to pay or satisfy a judgment ordering the payment of a fine and cost | 
      
        |  | in the manner ordered by the court in a matter involving an offense | 
      
        |  | described by Section 706.002(a), on payment of a fee as provided by | 
      
        |  | Section 706.006 and: | 
      
        |  | (1)  the perfection of an appeal of the case for which | 
      
        |  | the warrant of arrest was issued or judgment arose; | 
      
        |  | (2)  [ the dismissal of the charge for which the warrant  | 
      
        |  | of arrest was issued or judgment arose; | 
      
        |  | [ (3)]  the posting of bond or the giving of other | 
      
        |  | security to reinstate the charge for which the warrant was issued; | 
      
        |  | (3) [ (4)]  the payment or discharge of the fine and | 
      
        |  | cost owed on an outstanding judgment of the court; or | 
      
        |  | (4) [ (5)]  other suitable arrangement to pay the fine | 
      
        |  | and cost within the court's discretion. | 
      
        |  | (b)  The department may not continue to deny the renewal of | 
      
        |  | the person's driver's license under this chapter after the | 
      
        |  | department receives notice: | 
      
        |  | (1)  under Subsection (a); | 
      
        |  | (2)  that the person was acquitted of the charge on | 
      
        |  | which the person failed to appear; | 
      
        |  | (3)  that the charge on which the person failed to | 
      
        |  | appear was dismissed; or | 
      
        |  | (4) [ (3)]  from the political subdivision that the | 
      
        |  | failure to appear report or court order to pay a fine or cost | 
      
        |  | relating to the person: | 
      
        |  | (A)  was sent to the department in error; or | 
      
        |  | (B)  has been destroyed in accordance with the | 
      
        |  | political subdivision's records retention policy. | 
      
        |  | SECTION 33.  Section 706.006, Transportation Code, is | 
      
        |  | amended by amending Subsections (a), (b), and (c) and adding | 
      
        |  | Subsections (d) and (e) to read as follows: | 
      
        |  | (a)  Except as provided by Subsection (e), a [ A] person who | 
      
        |  | fails to appear for a complaint or citation for an offense described | 
      
        |  | by Section 706.002(a) shall be required to pay an administrative | 
      
        |  | fee of $30 for each complaint or citation reported to the department | 
      
        |  | under this chapter, unless the person is acquitted of the charges | 
      
        |  | for which the person failed to appear or those charges are | 
      
        |  | dismissed.  The person shall pay the fee when: | 
      
        |  | (1)  the court enters judgment on the underlying | 
      
        |  | offense reported to the department; or | 
      
        |  | (2)  [ the underlying offense is dismissed; or | 
      
        |  | [ (3)]  bond or other security is posted to reinstate | 
      
        |  | the charge for which the warrant was issued. | 
      
        |  | (b)  Except as provided by Subsection (e), a [ A] person who | 
      
        |  | fails to pay or satisfy a judgment ordering the payment of a fine | 
      
        |  | and cost in the manner the court orders shall be required to pay an | 
      
        |  | administrative fee of $30. | 
      
        |  | (c)  The department may deny renewal of the driver's license | 
      
        |  | of a person who does not pay a fee due under this section until the | 
      
        |  | earlier of: | 
      
        |  | (1)  the date the fee is paid; or | 
      
        |  | (2)  the second anniversary of the date the person | 
      
        |  | failed to appear or failed to pay or satisfy a judgment. | 
      
        |  | (d)  The fee required by this section is in addition to any | 
      
        |  | other fee required by law. | 
      
        |  | (e)  A municipal court judge or justice of the peace who has | 
      
        |  | jurisdiction over the underlying offense may waive an | 
      
        |  | administrative fee required by this section if the judge or justice | 
      
        |  | makes a finding that the person is economically unable to pay the | 
      
        |  | fee or that good cause exists for the waiver. | 
      
        |  | SECTION 34.  Section 708.152(b), Transportation Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  A license suspended under this section remains | 
      
        |  | suspended until the earlier of: | 
      
        |  | (1)  the date the person pays the amount of the | 
      
        |  | surcharge and any related costs; or | 
      
        |  | (2)  the second anniversary of the date of suspension. | 
      
        |  | SECTION 35.  Section 708.154(c), Transportation Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (c)  A license suspended under this section remains | 
      
        |  | suspended until the earlier of: | 
      
        |  | (1)  the date the person pays the amount of the | 
      
        |  | surcharge and any related costs; or | 
      
        |  | (2)  the second anniversary of the date of suspension, | 
      
        |  | whichever date is earlier. | 
      
        |  | SECTION 36.  Section 708.158, Transportation Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 708.158.  INDIGENT STATUS AND REDUCTION OF SURCHARGES. | 
      
        |  | (a)  If the court having jurisdiction over an offense with respect | 
      
        |  | to which a fine and cost were imposed makes a finding that the | 
      
        |  | person is economically unable to pay the fine and cost, the [ The] | 
      
        |  | department shall waive all surcharges assessed under this chapter | 
      
        |  | for the [ a] person [who is indigent.  For the purposes of this  | 
      
        |  | section, a person is considered to be indigent if the person  | 
      
        |  | provides the evidence described by Subsection (b) to the court]. | 
      
        |  | (b)  A person must provide information to the court in which | 
      
        |  | the person is convicted of the offense that is the basis for the | 
      
        |  | surcharge to establish that the person is economically unable to | 
      
        |  | pay the fine and cost [ indigent].  The following documentation may | 
      
        |  | be used as proof: | 
      
        |  | (1)  a copy of the person's most recent federal income | 
      
        |  | tax return that shows that the person's income or the person's | 
      
        |  | household income does not exceed 125 percent of the applicable | 
      
        |  | income level established by the federal poverty guidelines; | 
      
        |  | (2)  a copy of the person's most recent statement of | 
      
        |  | wages that shows that the person's income or the person's household | 
      
        |  | income does not exceed 125 percent of the applicable income level | 
      
        |  | established by the federal poverty guidelines; or | 
      
        |  | (3)  documentation from a federal agency, state agency, | 
      
        |  | or school district that indicates that the person or, if the person | 
      
        |  | is a dependent as defined by Section 152, Internal Revenue Code of | 
      
        |  | 1986, the taxpayer claiming the person as a dependent, receives | 
      
        |  | assistance from: | 
      
        |  | (A)  the food stamp program or the financial | 
      
        |  | assistance program established under Chapter 31, Human Resources | 
      
        |  | Code; | 
      
        |  | (B)  the federal special supplemental nutrition | 
      
        |  | program for women, infants, and children authorized by 42 U.S.C. | 
      
        |  | Section 1786; | 
      
        |  | (C)  the medical assistance program under Chapter | 
      
        |  | 32, Human Resources Code; | 
      
        |  | (D)  the child health plan program under Chapter | 
      
        |  | 62, Health and Safety Code; or | 
      
        |  | (E)  the national free or reduced-price lunch | 
      
        |  | program established under 42 U.S.C. Section 1751 et seq. | 
      
        |  | (c)  Not later than the fifth day after the date the court | 
      
        |  | receives information described by Subsection (b) establishing that | 
      
        |  | a person is economically unable to pay a fine or cost, the court | 
      
        |  | shall notify the department of the court's finding under this | 
      
        |  | section. | 
      
        |  | SECTION 37.  The following provisions are repealed: | 
      
        |  | (1)  Articles 45.044 and 102.072, Code of Criminal | 
      
        |  | Procedure; | 
      
        |  | (2)  Article 45.0492(e), Code of Criminal Procedure, as | 
      
        |  | added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011; and | 
      
        |  | (3)  Section 133.103, Local Government Code. | 
      
        |  | SECTION 38.  The changes in law made by this Act to Articles | 
      
        |  | 14.06, 27.14, and 45.019, Code of Criminal Procedure, and Sections | 
      
        |  | 502.010 and 708.158 and Chapter 706, Transportation Code, apply | 
      
        |  | only to an offense committed on or after the effective date of this | 
      
        |  | Act.  An offense committed before the effective date of this Act is | 
      
        |  | governed by the law in effect on the date the offense was committed, | 
      
        |  | and the former law is continued in effect for that purpose.  For | 
      
        |  | purposes of this section, an offense was committed before the | 
      
        |  | effective date of this Act if any element of the offense occurred | 
      
        |  | before that date. | 
      
        |  | SECTION 39.  The changes in law made by this Act to Articles | 
      
        |  | 42.15, 43.09, 43.091, 45.014, 45.041, 45.046, 45.049, and 45.0491, | 
      
        |  | Code of Criminal Procedure, and Articles 45.0492, Code of Criminal | 
      
        |  | Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, and 45.0492, Code of Criminal | 
      
        |  | Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, apply to a sentencing | 
      
        |  | proceeding that commences before, on, or after the effective date | 
      
        |  | of this Act. | 
      
        |  | SECTION 40.  The change in law made by this Act 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. | 
      
        |  | SECTION 41.  The changes in law made by this Act to Articles | 
      
        |  | 45.016, 45.051, and 45.0511, Code of Criminal Procedure, apply only | 
      
        |  | to a bond executed on or after the effective date of this Act.  A | 
      
        |  | bond executed before the effective date of this Act is governed by | 
      
        |  | the law in effect when the bond was executed, and the former law is | 
      
        |  | continued in effect for that purpose. | 
      
        |  | SECTION 42.  The repeal by this Act of Article 45.044, Code | 
      
        |  | of Criminal Procedure, does not apply to a cash bond posted by a | 
      
        |  | defendant before the effective date of this Act.  A cash bond posted | 
      
        |  | by a defendant before the effective date of this Act is governed by | 
      
        |  | the law as it existed on the date the bond was posted, and the former | 
      
        |  | law is continued in effect for that purpose. | 
      
        |  | SECTION 43.  The change in law made by this Act to Article | 
      
        |  | 45.048, Code of Criminal Procedure, applies to a defendant who is | 
      
        |  | placed in jail on or after the effective date of this Act for | 
      
        |  | failure to pay the fine and costs imposed on conviction of an | 
      
        |  | offense, regardless of whether the offense of which the defendant | 
      
        |  | was convicted was committed before, on, or after the effective date | 
      
        |  | of this Act. | 
      
        |  | SECTION 44.  The repeal by this Act of Article 102.072, Code | 
      
        |  | of Criminal Procedure, applies only to a transaction that occurs on | 
      
        |  | or after the effective date of this Act.  A transaction that occurs | 
      
        |  | before the effective date of this Act is governed by the law in | 
      
        |  | effect on the date the transaction occurred, and the former law is | 
      
        |  | continued in effect for that purpose. | 
      
        |  | SECTION 45.  The change in law made by this Act in amending | 
      
        |  | Article 103.0031, Code of Criminal Procedure, does not affect the | 
      
        |  | terms of a contract entered into before the effective date of this | 
      
        |  | Act, except that if the contract is renewed, modified, or extended | 
      
        |  | on or after the effective date of this Act, Article 103.0031 applies | 
      
        |  | to the contract beginning on the date of renewal, modification, or | 
      
        |  | extension. | 
      
        |  | SECTION 46.  The repeal by this Act of Section 133.103, Local | 
      
        |  | Government Code, does not apply to an offense committed before the | 
      
        |  | effective date of this Act.  An offense committed before the | 
      
        |  | effective date of this Act is governed by the law as it existed on | 
      
        |  | the date the offense was committed, and the former law is continued | 
      
        |  | in effect for that purpose.  For purposes of this section, an | 
      
        |  | offense was committed before the effective date of this Act if any | 
      
        |  | element of the offense occurred before that date. | 
      
        |  | SECTION 47.  This Act takes effect September 1, 2017. |