By: Zaffirini  S.B. No. 1913          (In the Senate - Filed March 10, 2017; March 23, 2017, read   first time and referred to Committee on Criminal Justice;   April 24, 2017, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 6, Nays 0; April 24, 2017,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 1913 By:  Burton     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,   at the punishment stage in a case in which the defendant entered a   plea in open court as provided by Article 27.13, 27.14(a), or   27.16(a), a court may impose a fine and costs only if the court   makes a 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.          (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 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; and                (3)  the date by which the defendant must submit to the   court documentation verifying the defendant's completion of the   community service.          (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   CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A court may waive   payment of all or part of a fine or costs [cost] imposed on a   defendant [who defaults in payment] if the court determines:                (1)  that:                      (A) [(1)]  the defendant is indigent or does not   have sufficient resources or income to pay all or part of the fine   or costs or was, at the time the offense was committed, a child as   defined by Article 45.058(h); and                      (B) [(2)]  each alternative method of discharging   the fine or cost under Article 43.09 or 42.15 would impose an undue   hardship on the defendant; or                (2)  that the waiver is in the interest of justice.          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   regular mail to the defendant notice that includes:                      (A)  a date and time, occurring within the 30-day   period following the date that notice is provided, when the   defendant must appear before the justice or judge;                      (B)  the name and address of the court with   jurisdiction in the case and a telephone number that the defendant   may use to request an alternative date or time under Subsection (f);                      (C)  information regarding alternatives to the   full payment of any fine or costs owed by the defendant, if the   defendant is unable to pay that amount; and                      (D)  an explanation of the consequences if the   defendant fails to appear before the justice or judge as required by   this article; and                (2)  the defendant fails to appear before the justice   or judge as required by this article.          (f)  A defendant who receives notice under Subsection (e) may   request an alternative date or time to appear before the justice or   judge if the defendant is unable to appear on the date and time   included 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 and makes a good faith effort 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. (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 unless:                (1)  the defendant fails to appear in accordance with   this code with respect to the applicable offense; and                (2)  the justice or judge determines that the defendant   has sufficient resources or income to give a bail bond or that a   surety or other security is necessary to secure the defendant's   appearance in accordance with this code.          (c)  If before the expiration of a 48-hour period following   the issuance of the applicable order a defendant described by   Subsections (b)(1) and (2) does not give a required bail bond, the   justice or judge:                (1)  shall reconsider the requirement for the defendant   to give the bail bond and presume that the defendant does not have   sufficient resources or income to give the bond; and                (2)  may require the defendant to give a personal bond.          (d)  If the defendant refuses to give a personal bond or,   except as provided by Subsection (c), refuses or otherwise fails to   give a bail bond, the defendant may be held in custody.          SECTION 10.  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,   at the punishment stage in a case in which the defendant entered a   plea in open court as provided by Article 27.14(a) or 27.16(a), the   justice or judge may impose a fine and costs only if the justice or   judge makes a 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.          (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 11.  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 12.  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 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 13.  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 14.  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 15.  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:                (1)  the number of hours of community service the   defendant is required to perform; and                (2)  the date by which the defendant must submit to the   court documentation verifying the defendant's completion of the   community service [work].          (c)  The justice or judge may order the defendant 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 16.  Article 45.0491, Code of Criminal Procedure, is   amended to read as follows:          Art. 45.0491.  WAIVER OF PAYMENT OF FINES AND COSTS FOR   CERTAIN [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 all or part of a fine or costs imposed on   a defendant [who defaults in payment] if the court determines:                (1)  that:                      (A) [(1)]  the defendant is indigent or does not   have sufficient resources or income to pay all or part of the fine   or costs or was, at the time the offense was committed, a child as   defined by Article 45.058(h); and                      (B) [(2)]  discharging the fine or [and] costs   under Article 45.049 or as otherwise authorized by this chapter   would impose an undue hardship on the defendant; or                (2)  that the waiver is in the interest of justice.          SECTION 17.  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 18.  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:                (1)  the number of hours of community service the   defendant is required to perform; and                (2)  the date by which the defendant must submit to the   court documentation verifying the defendant's completion of the   community service [work 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 19.  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 (c), (d),   (e), and (f) and adding Subsections (d-1) and (h) to read as   follows:          (c)  In the justice's or judge's order requiring a defendant   to perform community service under this article, the justice or   judge shall specify:                (1)  the number of hours of community service the   defendant is required to perform, [and may] not to exceed [order   more than] 200 hours; and                (2)  the date by which the defendant must submit to the   court documentation verifying the defendant's completion of the   community service.          (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 20.  Article 103.0031(j), Code of Criminal   Procedure, is amended to read as follows:          (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)  a statement that, if the person is unable to pay   the full amount of payment that is acceptable to the court, the   person should contact the court regarding the alternatives to full   payment that are available to resolve the case.          SECTION 21.  Section 102.0212, Government Code, is amended   to read as follows:          Sec. 102.0212.  COURT COSTS ON CONVICTION:  LOCAL GOVERNMENT   CODE. A person convicted of an offense shall pay the following   under the Local Government Code, in addition to all other costs:                (1)  court costs on conviction of a felony (Sec.   133.102, Local Government Code) . . . $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 22.  Section 103.021, Government Code, is amended to   read as follows:          Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR   CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,   or a party to a civil suit, as applicable, shall pay the following   fees and costs under the Code of Criminal Procedure if ordered by   the court or otherwise required:                (1)  a personal bond fee (Art. 17.42, Code of Criminal   Procedure) . . . the greater of $20 or three percent of the amount   of the bail fixed for the accused;                (2)  cost of electronic monitoring as a condition of   release on personal bond (Art. 17.43, Code of Criminal Procedure)   . . . actual cost;                (3)  a fee for verification of and monitoring of motor   vehicle ignition interlock (Art. 17.441, Code of Criminal   Procedure) . . . not to exceed $10;                (3-a)  costs associated with operating a global   positioning monitoring system as a condition of release on bond   (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,   subject to a determination of indigency;                (3-b)  costs associated with providing a defendant's   victim with an electronic receptor device as a condition of the   defendant's release on bond (Art. 17.49(b)(3), Code of Criminal   Procedure) . . . actual costs, subject to a determination of   indigency;                (4)  repayment of reward paid by a crime stoppers   organization on conviction of a felony (Art. 37.073, Code of   Criminal Procedure) . . . amount ordered;                (5)  reimbursement to general revenue fund for payments   made to victim of an offense as condition of community supervision   (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) . . . 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 23.  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 24.  Section 502.010, Transportation Code, is   amended by amending Subsections (a) and (c) 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).          (c)  A county that has a contract under Subsection (b) shall   notify the department regarding a person for whom the county   assessor-collector or the department has refused to register a   motor vehicle on:                (1)  the person's payment or other means of discharge,   including a waiver, of the past due fine, fee, or tax; or                (2)  perfection of an appeal of the case contesting   payment of the fine, fee, or tax.          (i)  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 a county assessor-collector is notified that the   court having jurisdiction over the underlying offense has waived   the past due fine or fee due to the defendant's indigency, the   county may not impose an additional fee on the defendant under   Subsection (f).          SECTION 25.  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 26.  Section 706.005, Transportation Code, is   amended to read as follows:          Sec. 706.005.  CLEARANCE NOTICE TO DEPARTMENT. (a)  A   political subdivision shall immediately notify the department that   there is no cause to continue to deny renewal of a person's driver's   license based on the person's previous failure to appear or failure   to pay or satisfy a judgment ordering the payment of a fine and cost   in the manner ordered by the court in a matter involving an offense   described by Section 706.002(a), on payment of a fee as provided by   Section 706.006 and:                (1)  the perfection of an appeal of the case for which   the warrant of arrest was issued or judgment arose;                (2)  the dismissal of the charge for which the warrant   of arrest was issued or judgment arose, other than a dismissal with   prejudice by the appropriate prosecuting attorney for lack of   evidence;                (3)  the posting of bond or the giving of other security   to reinstate the charge for which the warrant was issued;                (4)  the payment or discharge of the fine and cost owed   on an outstanding judgment of the court; or                (5)  other suitable arrangement to pay the fine and   cost within the court's discretion.          (b)  The department may not continue to deny the renewal of   the person's driver's license under this chapter after the   department receives notice:                (1)  under Subsection (a);                (2)  that the person was acquitted of the charge on   which the person failed to appear;                (3)  that the charge on which the person failed to   appear was dismissed with prejudice by the appropriate prosecuting   attorney for lack of evidence; or                (4) [(3)]  from the political subdivision that the   failure to appear report or court order to pay a fine or cost   relating to the person:                      (A)  was sent to the department in error; or                      (B)  has been destroyed in accordance with the   political subdivision's records retention policy.          SECTION 27.  Section 706.006, Transportation Code, is   amended by amending Subsections (a) and (b) and adding Subsections   (a-1) and (d) to read as follows:          (a)  Except as provided by Subsection (d), a [A] person who   fails to appear for a complaint or citation for an offense described   by Section 706.002(a) shall be required to pay an administrative   fee of $30 for each complaint or citation reported to the department   under this chapter, unless:                (1)  the person is acquitted of the charges for which   the person failed to appear;                (2)  the charges on which the person failed to appear   were dismissed with prejudice by the appropriate prosecuting   attorney for lack of evidence;                (3)  the failure to appear report was sent to the   department in error; or                (4)  the case regarding the complaint or citation is   closed and the failure to appear report has been destroyed in   accordance with the applicable political subdivision's record   retention policy.          (a-1)  A [The] person who is required to pay a fee under   Subsection (a) shall pay the fee when:                (1)  the court enters judgment on the underlying   offense reported to the department;                (2)  the underlying offense is dismissed, other than a   dismissal described by Subsection (a)(2); or                (3)  bond or other security is posted to reinstate the   charge for which the warrant was issued.          (b)  Except as provided by Subsection (d), a [A] person who   fails to pay or satisfy a judgment ordering the payment of a fine   and cost in the manner the court orders shall be required to pay an   administrative fee of $30.          (d)  If the court having jurisdiction over the underlying   offense makes a finding that the person is indigent, the person may   not be required to pay an administrative fee under this section.     For purposes of this subsection, a person is presumed to be indigent   if the person:                (1)  is required to attend school full time under   Section 25.085, Education Code;                (2)  is a member of a household with a total annual   income that is below 125 percent of the applicable income level   established by the federal poverty guidelines; or                (3)  receives assistance from:                      (A)  the financial assistance program established   under Chapter 31, Human Resources Code;                      (B)  the medical assistance program under Chapter   32, Human Resources Code;                      (C)  the supplemental nutrition assistance   program established under Chapter 33, Human Resources Code;                      (D)  the federal special supplemental nutrition   program for women, infants, and children authorized by 42 U.S.C.   Section 1786; or                      (E)  the child health plan program under Chapter   62, Health and Safety Code.          SECTION 28.  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 29.  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.          SECTION 30.  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 31.  The following provisions are repealed:                (1)  Article 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 32.  The changes in law made by this Act to Articles   14.06 and 27.14, 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 33.  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 34.  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 35.  The changes in law made by this Act to Article   45.016, 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 36.  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 for which the defendant   was convicted was committed before, on, or after the effective date   of this Act.          SECTION 37.  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 38.  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 39.  This Act takes effect only if a specific   appropriation for the implementation of the Act is provided in a   general appropriations act of the 85th Legislature.          SECTION 40.  This Act takes effect September 1, 2017.     * * * * *