88R12378 CJD-D     By: J. Johnson of Harris H.B. No. 2909       A BILL TO BE ENTITLED   AN ACT   relating to the imposition of fines and costs for a defendant who is   younger than 18 years of age.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Articles 45.041(b-3) and (b-6), Code of Criminal   Procedure, are amended to read as follows:          (b-3)  A judge may require [allow] a defendant who is a   child, as defined by Article 45.058(h), [to elect] at the time of   conviction, as defined by Section 133.101, Local Government Code,   to receive [discharge the fine and costs by:                [(1)  performing community service or receiving]   tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350),   Acts of the 82nd Legislature, Regular Session, 2011[; or                [(2)  paying the fine and costs in a manner described by   Subsection (b)].          (b-6)  Notwithstanding Subsection (a-1) or any other   provision of this chapter, when imposing a fine and costs, the   justice or judge may not require a defendant who is younger than 18   years of age [under the conservatorship of the Department of Family   and Protective Services or in extended foster care as provided by   Subchapter G, Chapter 263, Family Code,] to pay any amount of the   fine and costs.  In lieu of the payment of fine and costs, the   justice or judge may require the defendant to perform community   service as provided by Article 45.049, 45.0492, as added by Chapter   227 (H.B. 350), Acts of the 82nd Legislature, Regular Session,   2011, or 45.0492, as added by Chapter 777 (H.B. 1964), Acts of the   82nd Legislature, Regular Session, 2011, as appropriate.          SECTION 2.  The change in law made by this Act applies to a   sentencing proceeding that commences on or after the effective date   of this Act, regardless of whether the offense for which the   defendant is convicted was committed before, on, or after the   effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2023.