85R3588 LHC-D     By: White H.B. No. 3519       A BILL TO BE ENTITLED   AN ACT   relating to the ability of a child, parent, or other person   responsible for a child's support to pay juvenile probation fees or   court costs and fees imposed by a juvenile court.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 53.03(d), Family Code, is amended to   read as follows:          (d)  The juvenile board may adopt a fee schedule for deferred   prosecution services [and rules for the waiver of a fee for   financial hardship] in accordance with guidelines that the Texas   Juvenile Justice Department shall provide.  The maximum fee is $15   a month.  If the board adopts a schedule, subject to Section 53.031   [and rules for waiver], the probation officer or other designated   officer of the court shall collect the fee authorized by the   schedule from the parent, guardian, or custodian of a child for whom   a deferred prosecution is authorized under this section or waive   the fee in accordance with Section 53.031 [the rules adopted by the   board].  The officer shall deposit the fees received under this   section in the county treasury to the credit of a special fund that   may be used only for juvenile probation or community-based juvenile   corrections services or facilities in which a juvenile may be   required to live while under court supervision.  If the board does   not adopt a schedule [and rules for waiver], a fee for deferred   prosecution services may not be imposed.          SECTION 2.  Chapter 53, Family Code, is amended by adding   Section 53.031 to read as follows:          Sec. 53.031.  DEFERRED PROSECUTION SERVICES FEE. (a)   Before a probation officer or other designated officer of the court   may collect a deferred prosecution services fee from a parent or   other person responsible for the child's support under Section   53.03(d), the officer shall conduct an assessment to determine   whether the payment of the fee, in whole or in part, would cause   undue hardship.          (b)  The probation officer or other designated officer of the   court shall make a finding that the payment of a fee would cause   undue hardship and waive the fee under Section 53.03(d) if the court   finds that:                (1)  the parent, other person, or family of the parent   or other person earns not more than 125 percent of the income   standards established by applicable federal poverty guidelines; or                (2)  the parent, other person, or family of the parent   or other person currently receives assistance or benefits under:                      (A)  the child health plan program under Chapter   62, Health and Safety Code;                      (B)  the financial assistance program under   Chapter 31, Human Resources Code;                      (C)  the medical assistance program under Chapter   32, Human Resources Code;                      (D)  the supplemental nutrition assistance   program under Chapter 33, Human Resources Code;                      (E)  the Temporary Assistance for Needy Families   program; or                      (F)  the federal special supplemental nutrition   program for women, infants, and children authorized by 42 U.S.C.   Section 1786.          (c)  In determining whether the fee would cause undue   hardship for a parent or other person whose payment is not waived   under Subsection (b), the officer shall consider whether the person   could reasonably pay the required obligation after the person   discharged the person's other important financial obligations,   including payments for housing, food, utilities, necessary   clothing, education, and preexisting debts.          (d)  If the probation officer or other designated officer of   the court determines under Subsection (c) that the parent or other   person is unable to pay the fee in whole or in part without   experiencing undue hardship, the officer shall waive the fee or   collect a reduced fee in an amount that the officer determines will   not cause an undue hardship.           SECTION 3.  Chapter 54, Family Code, is amended by adding   Section 54.021 to read as follows:          Sec. 54.021.  COURT-ORDERED FEE, COST, OR RESTITUTION   PAYMENT. (a) Before a court may impose a fee, cost, or a   restitution payment on a child, parent, or other person responsible   for the child's support, the court shall conduct an assessment to   determine whether the fee, cost, or restitution payment would cause   undue hardship.          (b)  The court shall make a finding that the child, parent,   or other person is unable to pay a fee, cost, or restitution payment   without experiencing undue hardship and waive the fee, cost, or   payment if:                (1)  the child, parent, or other person or family of the   child, parent, or other person earns not more than 125 percent of   the income standards established by applicable federal poverty   guidelines; or                (2)  the child, parent, or other person or family of the   child, parent, or other person currently receives assistance or   benefits under:                      (A)  the child health plan program under Chapter   62, Health and Safety Code;                      (B)  the financial assistance program under   Chapter 31, Human Resources Code;                      (C)  the medical assistance program under Chapter   32, Human Resources Code;                      (D)  the supplemental nutrition assistance   program under Chapter 33, Human Resources Code;                      (E)  the Temporary Assistance for Needy Families   program; or                      (F)  the federal special supplemental nutrition   program for women, infants, and children authorized by 42 U.S.C.   Section 1786.          (c)  In determining whether a fee, cost, or restitution   payment would cause undue hardship for a child, parent, or other   person whose payment is not waived under Subsection (b), the court   shall consider whether the person could reasonably pay the   court-ordered obligation after the person discharged the person's   other important financial obligations, including payments for   housing, food, utilities, necessary clothing, education, and   preexisting debts.          (d)  A court that makes a finding under Subsection (c) that   the child, parent, or other person is unable to pay the fee, cost,   or restitution payment in whole or in part without experiencing   undue hardship shall waive the fee or order the child, parent, or   other person to pay a reduced fee, cost, or restitution payment in   an amount that the court finds would not cause an undue hardship.          (e)  The inability of the child, parent, or other person   responsible for the child's support to pay any fee, cost, or   restitution payment related to the child's case may not result in:                (1)  the child being denied access to a more favorable   disposition of the child's case, programming, or treatment;                (2)  the child's probation or supervision being   extended; or                (3)  additional punishment for the child.          SECTION 4.  Section 54.032, Family Code, is amended by   adding Subsection (i) to read as follows:          (i)  The court shall waive or reduce a fee under Subsection   (e), (g), or (h) if the court makes a finding under Section 54.021   that the child is unable to pay the fee in whole or in part without   experiencing undue hardship.          SECTION 5.  Section 54.0325, Family Code, is amended by   adding Subsection (j) to read as follows:          (j)  The court shall waive or reduce a fee under Subsection   (g) or (h) if the court makes a finding under Section 54.021 that   the child is unable to pay the fee in whole or in part without   experiencing undue hardship.          SECTION 6.  Section 54.0404(b), Family Code, is amended to   read as follows:          (b)  A juvenile court that enters an order under Subsection   (a) shall require the child or the child's parent or other person   responsible for the child's support to pay the cost of attending an   educational program under Subsection (a) if the court determines   that the child, parent, or other person is financially able to make   payment. The court shall waive or reduce the cost of attending the   program if the court makes a finding under Section 54.021 that the   child, parent, or other person is unable to pay the cost in whole or   in part without experiencing undue hardship.          SECTION 7.  Section 54.041, Family Code, is amended by   adding Subsections (a-1) and (c-1) to read as follows:          (a-1)  The court shall waive or reduce the cost of attending   treatment programs under Subsection (a)(4) if the court makes a   finding under Section 54.021 that the parent or other person is   unable to pay the cost in whole or in part without experiencing   undue hardship.          (c-1)  If a juvenile court orders a child to make restitution   under Subsection (b) and makes a finding under Section 54.021 that   the child, child's parent, or other person responsible for the   child's support is financially unable to make the restitution   without experiencing undue hardship, the court may order the child   to perform a specific number of hours of community service to   satisfy all or part of the restitution.          SECTION 8.  Section 54.0411, Family Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  The court shall waive or reduce the fee under   Subsection (a) if the court makes a finding under Section 54.021   that the child, parent, or other person is unable to pay the fee in   whole or in part without experiencing undue hardship.          SECTION 9.  Section 54.046(c), Family Code, is amended to   read as follows:          (c)  If a juvenile court orders a child to make restitution   under Subsection (a) and makes a finding under Section 54.021 that   the child, child's parent, or other person responsible for the   child's support is financially unable to make the restitution   payment in whole or in part without experiencing undue hardship,   the court may order the child to perform a specific number of hours   of community service, in addition to the hours required under   Subsection (d), to satisfy all or part of the restitution.          SECTION 10.  Section 54.0461(c), Family Code, is amended to   read as follows:          (c)  The court shall waive or reduce the fee under this   section if [If] the court makes a finding under Section 54.021   [finds] that a child, parent, or other person responsible for the   child's support is unable to pay the juvenile delinquency   prevention fee required under Subsection (a) in whole or in part   without experiencing undue hardship.  The [, the] court shall enter   into the child's case records a statement of that finding. [The   court may waive a fee under this section only if the court makes the   finding under this subsection.]          SECTION 11.  Section 54.0462(c), Family Code, is amended to   read as follows:          (c)  The court shall waive or reduce the fee under Subsection   (a) if [If] the court makes a finding under Section 54.021 [finds]   that a child, parent, or other person responsible for the child's   support is unable to pay the fee required under Subsection (a) in   whole or in part without experiencing undue hardship.  The [, the]   court shall enter into the child's case records a statement of that   finding.  [The court may waive a fee under this section only if the   court makes the finding under this subsection.]          SECTION 12.  Section 54.047(f), Family Code, is amended to   read as follows:          (f)  If the court orders a child under Subsection (a) or (b)   to attend a drug education program or alcohol awareness program,   [unless the court determines that the parent or guardian of the   child is indigent and unable to pay the cost,] the court shall   require the child's parent or other person responsible for the   child's support [a guardian of the child] to pay the cost of   attending the program.  The court shall allow the child's parent or   other person [guardian] to pay the cost of attending the program in   installments. The court shall waive or reduce the cost of attending   the program if the court makes a finding under Section 54.021 that   the parent or other person is unable to pay the cost in whole or in   part without experiencing undue hardship.          SECTION 13.  Section 54.048, Family Code, is amended by   adding Subsection (c) to read as follows:          (c)  If a juvenile court orders a child to make restitution   under Subsection (a) and makes a finding under Section 54.021 that   the child, child's parent, or other person responsible for the   child's support is financially unable to make the restitution in   whole or in part without experiencing undue hardship, the court may   order the child to perform a specific number of hours of community   service to satisfy all or part of the restitution.          SECTION 14.  Section 54.0481(b), Family Code, is amended to   read as follows:          (b)  If a juvenile court orders a child to make restitution   under Subsection (a) and makes a finding under Section 54.021 that   the child, child's parent, or other person responsible for the   child's support is financially unable to make the restitution   without experiencing undue hardship, the court may order the child   to perform a specific number of hours of community service to   satisfy all or part of the restitution.          SECTION 15.  Section 54.049(b), Family Code, is amended to   read as follows:          (b)  If a juvenile court orders a child to make restitution   under Subsection (a) and the court makes a finding under Section   54.021 that the child is [financially] unable to make the   restitution in whole or in part without experiencing undue   hardship, the court may [order]:                (1)  order the child to perform a specific number of   hours of community service to satisfy all or part of the   restitution; [or]                (2)  if the court makes a finding under Section 54.021   that a parent or other person responsible for the child's support is   able to make the restitution in the amount described by Subsection   (a) without experiencing undue hardship, order the parent or other   person to make restitution for the full amount; or                (3)  if the court makes a finding under Section 54.021   that the parent or other person is unable to make the restitution in   the full amount described by Subsection (a) without experiencing   undue hardship but is able to make the restitution in a lesser   amount without experiencing undue hardship, order the parent or   other person to make restitution in the lesser amount.          SECTION 16.  Section 54.06, Family Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  The court shall waive or reduce the payment for   support under Subsection (a) if the court makes a finding under   Section 54.021 that the parent or other person is unable to make the   payment in whole or in part without experiencing undue hardship.          SECTION 17.  Section 54.061(d), Family Code, is amended to   read as follows:          (d)  The court shall waive or reduce the fee under Subsection   (a) if [If] the court makes a finding under Section 54.021 [finds]   that a child, parent, or other person responsible for the child's   support is financially unable to pay the probation fee required   under Subsection (a) in whole or in part without experiencing undue   hardship.  The [, the] court shall enter into the records of the   child's case a statement of that finding. [The court may waive a   fee under this section only if the court makes the finding under   this subsection.]          SECTION 18.  The changes in law made by this Act apply only   to a fee, cost, or other payment imposed on or after the effective   date of this Act. A fee, cost, or other payment imposed before the   effective date of this Act is governed by the law in effect on the   date the fee, cost, or payment was imposed, and the former law is   continued in effect for that purpose.          SECTION 19.  Section 51.607, Government Code, does not apply   to the change in the amount of fees or court costs made by this Act.          SECTION 20.  This Act takes effect September 1, 2017.