85R23206 KJE-F     By: White, Bernal, Collier, H.B. No. 3729       Thompson of Harris     Substitute the following for H.B. No. 3729:     By:  Moody C.S.H.B. No. 3729       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   punishable by a fine only, 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 written   notice of the time and place the person must appear before a   magistrate, the name and address of the person charged, the offense   charged, and 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.          "If you are ordered to pay a fine or costs in this case and   are unable to afford the amount owed, contact the court   immediately. You may be able to discharge the fine or costs by   performing community service. In some circumstances, you may be   able to have all or part of the fine or costs waived."          SECTION 2.  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 unless:                (1)  the justice or judge provides by telephone, mail,   or e-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 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 a date and at a time   provided in the notice.          (g)  A defendant who voluntarily appears before a justice or   judge to resolve an outstanding arrest warrant, a citation or   complaint, or an unpaid fine or cost may not be arrested on a   warrant for any misdemeanor punishable by fine only during or   immediately before or after the defendant's appearance.          SECTION 3.  Article 45.023, Code of Criminal Procedure, is   amended by adding Subsection (e) to read as follows:          (e)  A justice or judge who accepts the defendant's plea of   guilty or nolo contendere shall advise the defendant that,   regardless of the defendant's ability to pay, the defendant may   request to perform community service under Article 45.049 to   discharge any fine or cost imposed on the defendant in the case.          SECTION 4.  Article 45.041, Code of Criminal Procedure, is   amended by amending Subsections (b) and (b-2) and adding Subsection   (b-6) to read as follows:          (b)  Subject to Subsections (b-2), [and] (b-3), and (b-6) 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.          (b-2)  When imposing a fine and costs, [if the justice or   judge determines that the defendant is unable to immediately pay   the fine and costs,] the justice or judge:                (1)  shall seek information from the defendant that is   relevant to a determination of whether the defendant is able to   immediately pay the fine or costs; and                (2)  if the justice or judge determines that the   defendant is unable to immediately pay the fine or costs, shall   allow the defendant to pay the fine or [and] costs, as applicable,   in specified portions at designated intervals.          (b-6)  When imposing a fine and costs, the justice or judge   may require the defendant to perform community service as provided   by Article 45.049 to discharge all or part of the fine or costs.          SECTION 5.  Article 45.045, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsection (a-2) to   read as follows:          (a)  If the defendant is not in custody when the judgment is   rendered or, subject to Subsection (a-2), if the defendant fails to   satisfy the judgment according to its terms, the court may order a   capias pro fine, as defined by Article 43.015, issued for the   defendant's arrest. The capias pro fine shall state the amount of   the judgment and sentence[,] and shall command the appropriate   peace officer to:                (1)  bring the defendant before the court immediately;   or                (2)  [place the defendant in jail until the business   day following the date of the defendant's arrest] if the defendant   cannot be brought before the court immediately, confine the   defendant in jail and bring the defendant before the court not later   than 24 hours after the time of the defendant's arrest, provided   that if the defendant is not brought before the court within that   period, the person having custody of the defendant shall release   the defendant.          (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:                (1)  the court provides by mail to the defendant notice   that includes:                      (A)  a statement that the defendant has failed to   satisfy the judgment according to its terms;                       (B)  a date and time, occurring not later than the   21st day after the date that notice is mailed, when the court will   hold a hearing on the defendant's failure to satisfy the judgment   according to its terms; and                      (C)  the location at which the hearing will be   held; and                (2)  either:                      (A)  the defendant fails to appear at the hearing;   or                      (B)  based on evidence presented at the hearing,   the court makes a written determination that:                            (i)  the defendant is not indigent and has   failed to make a good faith effort to discharge the fine or costs;   or                            (ii)  the defendant is indigent and:                                  (a)  has failed to make a good faith   effort to discharge the fine or costs under Article 45.049; and                                  (b)  could have discharged the fine or   costs under Article 45.049 without experiencing any undue hardship.          SECTION 6.  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 7.  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 $300 [$50]   for each period [of time] served, as specified by the convicting   court in the judgment in the case; or                (3)  has remained in jail for a cumulative period of 72   hours.          (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 $300 [$50] of the fine and   costs.          (c)  Notwithstanding any other law, if a defendant placed in   jail on account of failure to pay the fine and costs has remained in   jail for a cumulative period of 72 hours and the amount owed has not   been fully discharged, the convicting court shall release the   defendant from jail and shall waive the remaining amount owed.          SECTION 8.  Article 45.049, Code of Criminal Procedure, is   amended by amending Subsections (a), (b), (c), (d), (e), and (g) and   adding Subsections (a-1), (a-2), (a-3), and (c-1) to read as   follows:          (a)  Except as provided by Subsection (a-1), a [A] justice or   judge may require a defendant [who fails to pay a previously   assessed fine or costs, or who is determined by the court to have   insufficient resources or income to pay a fine or costs,] to perform   community service under this article to discharge all or part of the   fine or costs assessed in the case [by performing community   service].          (a-1)  A justice or judge may require a defendant described   by Article 45.0491(c) to perform community service under this   article to discharge all or part of the fine or costs only if the   justice or judge determines that the requirement would not impose   an undue hardship on the defendant.          (a-2)  At sentencing, a defendant may request to perform   community service under this article to discharge all or part of the   fine or costs assessed in the case. The justice or judge shall   grant the request if:                (1)  the defendant is described by Article 45.0491(c);   or                (2)  granting the request is in the interest of   justice.          (a-3)  A defendant may discharge an obligation to perform   community service under this article by paying at any time the fine   and costs assessed.          (b)  In the justice's or judge's order requiring or   permitting 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, or the   defendant may request under Subsection (a-2), to perform community   service [work] under this article [only] for:                (1)  a governmental entity;                (2)  [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;                (3)  a religious organization;                (4)  a neighborhood association or group; or                (5)  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 $15 [$50] of fines or costs for each hour [eight hours] of   community service performed under this article.          (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 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 9.  Article 45.0491, Code of Criminal Procedure, is   amended to read as follows:          Art. 45.0491.  WAIVER OF PAYMENT OF FINES OR [AND] COSTS FOR   CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN.  (a)  A municipal   court, regardless of whether the court is a court of record, or a   justice court may waive payment of all or part of a fine or costs   imposed on a defendant [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 all or part of 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.          (b)  A municipal court, regardless of whether the court is a   court of record, or a justice court shall waive payment of costs and   at least 50 percent of a fine imposed on a defendant described by   Subsection (c) if the court determines that the defendant is   indigent or does not have sufficient resources or income to pay the   fine and costs.          (c)  For purposes of Subsection (b), a defendant is presumed   to be indigent or to not have sufficient resources or income to pay   the fine and costs if the defendant:                (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 10.  Article 102.011, Code of Criminal Procedure, is   amended by amending Subsections (a) and (e) and adding Subsection   (f) to read as follows:          (a)  A defendant convicted of a felony or a misdemeanor shall   pay the following fees for services performed in the case by a peace   officer:                (1)  $5 for issuing a written notice to appear in court   following the defendant's violation of a traffic law, municipal   ordinance, or penal law of this state, or for making an arrest   without a warrant;                (2)  $50 for executing [or processing] an issued arrest   warrant, capias, or capias pro fine with the fee imposed for the   services of:                      (A)  the law enforcement agency that executed the   arrest warrant or capias, if the agency requests of the court, not   later than the 15th day after the date of the execution of the   arrest warrant or capias, the imposition of the fee on conviction;   or                      (B)  the law enforcement agency that processed the   arrest warrant or capias, if[:                            [(i)     the arrest warrant or capias was not   executed; or                            [(ii)]  the executing law enforcement agency   failed to request the fee within the period required by Paragraph   (A) [of this subdivision];                (3)  $5 for summoning a witness;                (4)  $35 for serving a writ not otherwise listed in this   article;                (5)  $10 for taking and approving a bond and, if   necessary, returning the bond to the courthouse;                (6)  $5 for commitment or release;                (7)  $5 for summoning a jury, if a jury is summoned; and                (8)  $8 for each day's attendance of a prisoner in a   habeas corpus case if the prisoner has been remanded to custody or   held to bail.          (e)  Except as provided by Subsection (f), a [A] fee under   Subsection (a)(1) or (a)(2) [of this article] shall be assessed:                (1)  on conviction, regardless of whether the defendant   was also arrested at the same time for another offense;[,] and                (2)  [shall be assessed] for each arrest made of a   defendant arising out of the offense for which the defendant has   been convicted.          (f)  A fee under Subsection (a)(2) may be assessed only once   for an arrest, regardless of whether more than one arrest warrant,   capias, or capias pro fine is executed during the arrest.          SECTION 11.  Section 102.021, Government Code, is amended to   read as follows:          Sec. 102.021.  COURT COSTS ON CONVICTION:  CODE OF CRIMINAL   PROCEDURE.  A person convicted of an offense shall pay the following   under the Code of Criminal Procedure, in addition to all other   costs:                (1)  court cost on conviction of any offense, other   than a conviction of an offense relating to a pedestrian or the   parking of a motor vehicle (Art. 102.0045, Code of Criminal   Procedure) . . . $4;                (2)  a fee for services of prosecutor (Art. 102.008,   Code of Criminal Procedure) . . . $25;                (3)  fees for services of peace officer:                      (A)  issuing a written notice to appear in court   for certain violations (Art. 102.011, Code of Criminal Procedure)   . . . $5;                      (B)  executing [or processing] an issued arrest   warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal   Procedure) . . . $50;                      (C)  summoning a witness (Art. 102.011, Code of   Criminal Procedure) . . . $5;                      (D)  serving a writ not otherwise listed (Art.   102.011, Code of Criminal Procedure) . . . $35;                      (E)  taking and approving a bond and, if   necessary, returning the bond to courthouse (Art. 102.011, Code of   Criminal Procedure) . . . $10;                      (F)  commitment or release (Art. 102.011, Code of   Criminal Procedure) . . . $5;                      (G)  summoning a jury (Art. 102.011, Code of   Criminal Procedure) . . . $5;                      (H)  attendance of a prisoner in habeas corpus   case if prisoner has been remanded to custody or held to bail (Art.   102.011, Code of Criminal Procedure) . . . $8 each day;                      (I)  mileage for certain services performed (Art.   102.011, Code of Criminal Procedure) . . . $0.29 per mile; and                      (J)  services of a sheriff or constable who serves   process and attends examining trial in certain cases (Art. 102.011,   Code of Criminal Procedure) . . . not to exceed $5;                (4)  services of a peace officer in conveying a witness   outside the county (Art. 102.011, Code of Criminal Procedure) . . .   $10 per day or part of a day, plus actual necessary travel expenses;                (5)  overtime of peace officer for time spent   testifying in the trial or traveling to or from testifying in the   trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;                (6)  court costs on an offense relating to rules of the   road, when offense occurs within a school crossing zone (Art.   102.014, Code of Criminal Procedure) . . . $25;                (7)  court costs on an offense of passing a school bus   (Art. 102.014, Code of Criminal Procedure) . . . $25;                (8)  court costs on an offense of parent contributing   to student nonattendance (Art. 102.014, Code of Criminal Procedure)   . . . $20;                (9)  cost for visual recording of intoxication arrest   before conviction (Art. 102.018, Code of Criminal Procedure) . . .   $15;                (10)  cost of certain evaluations (Art. 102.018, Code   of Criminal Procedure) . . . actual cost;                (11)  additional costs attendant to certain   intoxication convictions under Chapter 49, Penal Code, for   emergency medical services, trauma facilities, and trauma care   systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;                (12)  additional costs attendant to certain child   sexual assault and related convictions, for child abuse prevention   programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;                (13)  court cost for DNA testing for certain felonies   (Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;                (14)  court cost for DNA testing for certain   misdemeanors and felonies (Art. 102.020(a)(2), Code of Criminal   Procedure) . . . $50;                (15)  court cost for DNA testing for certain felonies   (Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;                (16)  if required by the court, a restitution fee for   costs incurred in collecting restitution installments and for the   compensation to victims of crime fund (Art. 42.037, Code of   Criminal Procedure) . . . $12;                (17)  if directed by the justice of the peace or   municipal court judge hearing the case, court costs on conviction   in a criminal action (Art. 45.041, Code of Criminal Procedure)   . . . part or all of the costs as directed by the judge; and                (18)  costs attendant to convictions under Chapter 49,   Penal Code, and under Chapter 481, Health and Safety Code, to help   fund drug court programs established under Chapter 122, 123, 124,   or 125, Government Code, or former law (Art. 102.0178, Code of   Criminal Procedure) . . . $60.          SECTION 12.  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 13.  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 14.  Section 502.010, Transportation Code, is   amended by amending Subsection (c) and adding Subsection (i) to   read as follows:          (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)  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 15.  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 16.  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 17.  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, including a waiver, 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   applicable political subdivision's records retention policy.          SECTION 18.  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 on [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 records   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)  A municipal court judge or justice of the peace who has   jurisdiction over the underlying offense shall waive any   administrative fee required by this section if the judge or justice   makes a finding that the defendant is indigent under Article   45.0491, Code of Criminal Procedure.          SECTION 19.  Section 708.158, Transportation Code, is   amended by adding Subsection (c) to read as follows:          (c)  Not later than the fifth day after the date the court   receives information described by Subsection (b) establishing that   a person is indigent, the court shall notify the department that the   person is indigent for the purposes of this chapter.          SECTION 20.  Section 133.103, Local Government Code, is   repealed.          SECTION 21.  The changes in law made by this Act to Article   14.06, Code of Criminal Procedure, and Section 502.010 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 22.  The changes in law made by this Act to Articles   45.014, 45.023, 45.041, 45.046, 45.049, and 45.0491, Code of   Criminal Procedure, apply to a sentencing proceeding that commences   before, on, or after the effective date of this Act.          SECTION 23.  The change in law made by this Act to Article   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 24.  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 25.  The changes in law made by this Act to Article   102.011, Code of Criminal Procedure, and Section 102.021,   Government Code, apply only to a fee imposed for an arrest warrant,   capias, or capias pro fine issued on or after the effective date of   this Act. A fee imposed for an arrest warrant, capias, or capias   pro fine issued before the effective date of this Act is governed by   the law in effect on the date the arrest warrant, capias, or capias   pro fine was issued, and the former law is continued in effect for   that purpose.          SECTION 26.  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 27.  This Act takes effect September 1, 2017.