85R12849 AJZ-D     By: Thompson of Harris H.B. No. 2934       A BILL TO BE ENTITLED   AN ACT   relating to the civil consequences 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.  Section 502.010, Transportation Code, is amended   by amending Subsection (a) and adding Subsections (b-1), (f-2),   (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 resubmitted or 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, at the time the fine or fee becomes past   due, the motor vehicle is no longer subject to refusal of   registration because of notice received under Subsection (c).          (f-2)  On payment or other means of discharge of a past due   fine or fee that was imposed for a criminal offense, payment of the   additional fee under Subsection (f)(1) may be waived by the county   in which the fine or fee was owed or the court having jurisdiction   over the offense.          (i)  If the court having jurisdiction over an offense for   which a fine or fee was imposed makes a finding that the defendant   is financially unable to pay the entire fine or fee:                (1)  the court shall notify the county   assessor-collector of the county in which the defendant intends to   register the motor vehicle and the department of the finding;                (2)  a county assessor-collector or the department may   not refuse to register the defendant's motor vehicle under this   section; and                (3)  a county may not impose an additional fee on the   defendant under Subsection (f).          (j)  For purposes of Subsection (i), a court:                (1)  shall find a defendant financially unable to pay a   fine or fee if the defendant is:                      (A)  paying an existing fine or fee in specified   portions at designated intervals; or                       (B)  performing community service in lieu of   payment; and                (2)  may find a defendant financially unable to pay a   fine or fee after considering any information that the court   considers appropriate.          SECTION 2.  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 3.  Chapter 706, Transportation Code, is amended by   adding Section 706.0011 to read as follows:          Sec. 706.0011.  FINDING BY COURT OF INABILITY TO PAY. (a)   If the court having jurisdiction over an offense for which a fine   and cost were imposed makes a finding that the defendant is   indigent, has insufficient resources or income to pay the fine and   cost, or is otherwise unable to pay the fine and cost:                (1)  the court shall notify the department of the   finding;                (2)  the department may not deny renewal of the   defendant's license under this chapter; and                (3)  an administrative fee may not be imposed on the   defendant under Section 706.006.          (b)  For purposes of Subsection (a), a court:                (1)  shall presume a defendant is unable to pay a fine   or fee if the defendant is:                      (A)  paying an existing fine or fee in specified   portions at designated intervals; or                       (B)  performing community service in lieu of   payment; and                (2)  may find a defendant financially unable to pay a   fine or fee after considering any information that the court   considers appropriate.          SECTION 4.  Section 706.004, Transportation Code, is amended   by adding Subsections (c) and (d) to read as follows:          (c)  Notwithstanding Subsection (a), the department may deny   renewal of a person's driver's license under this section only until   the earlier of:                (1)  the date the department receives clearance notice   under Section 706.005; or                (2)  the second anniversary of the date the person   failed to appear or failed to pay or satisfy a judgment.          (d)  Information that is provided to the department under   Subsection (a) expires on the second anniversary of the date the   information was provided and may not be resubmitted or used to   refuse renewal of a driver's license after that date. Once   information is provided under Subsection (a), subsequent   information about another failure to appear or 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 renewal of a driver's license.          SECTION 5.  Section 706.006, Transportation Code, is amended   by amending Subsections (a), (b), and (c) and adding Subsections   (d) and (e) to read as follows:          (a)  Except as provided by Subsection (e), a [A] person who   fails to appear for a complaint or citation for an offense described   by Section 706.002(a) shall be required to pay an administrative   fee of $30 for all complaints or citations that are issued for   offenses arising from the same criminal episode and are [each   complaint or citation] reported to the department under this   chapter, unless the person is acquitted of the charges for which the   person failed to appear or those charges are dismissed. The person   shall pay the fee when:                (1)  the court enters judgment on the underlying   offense reported to the department; or                (2)  [the underlying offense is dismissed; or                [(3)]  bond or other security is posted to reinstate   the charge for which the warrant was issued.          (b)  Except as provided by Subsection (e), a [A] person who   fails to pay or satisfy a judgment ordering the payment of a fine   and cost in the manner the court orders shall be required to pay an   administrative fee of $30.          (c)  The department may deny renewal of the driver's license   of a person who does not pay a fee due under this section until the   earlier of:                (1)  the date the fee is paid; or                (2)  the second anniversary of the date the person   failed to appear or failed to pay or satisfy a judgment.          (d)  The fee required by this section is in addition to any   other fee required by law.          (e)  A municipal court judge or justice of the peace who has   jurisdiction over the underlying offense may waive an   administrative fee required by this section.          SECTION 6.  Section 708.152, Transportation Code, is amended   by amending Subsection (b) and adding Subsection (c) 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.          (c)  A surcharge that becomes past due before the second   anniversary of suspension under Subsection (b) may not be used,   either before or after the second anniversary of that date, to   suspend that person's driver's license under this section unless,   at the time the surcharge became past due, the person's driver's   license was no longer subject to suspension under this section.          SECTION 7.  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 8.  The changes in law made by this Act apply to an   offense committed before, on, or after the effective date of this   Act.          SECTION 9.  This Act takes effect September 1, 2017.