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        | 
           		
			 | 
        
          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,  | 
      
      
        | 
           
			 | 
        a court may impose a fine and costs only if the court makes a written  | 
      
      
        | 
           
			 | 
        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, including whether the defendant: | 
      
      
        | 
           
			 | 
                     (1)  is a full-time student; | 
      
      
        | 
           
			 | 
                     (2)  is a member of a household with a total annual  | 
      
      
        | 
           
			 | 
        income that is: | 
      
      
        | 
           
			 | 
                           (A)  at or below the applicable income level  | 
      
      
        | 
           
			 | 
        established by the federal poverty guidelines; or  | 
      
      
        | 
           
			 | 
                           (B)  below the state or local median household  | 
      
      
        | 
           
			 | 
        income; or | 
      
      
        | 
           
			 | 
                     (3)  receives financial assistance from any federal,  | 
      
      
        | 
           
			 | 
        state, or local assistance program. | 
      
      
        | 
           
			 | 
               (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 written 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. | 
      
      
        | 
           
			 | 
               (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  | 
      
      
        | 
           
			 | 
        INDIGENT DEFENDANTS AND CHILDREN.  A court may waive payment of a  | 
      
      
        | 
           
			 | 
        fine or cost imposed on a defendant [who defaults in payment] if the  | 
      
      
        | 
           
			 | 
        court determines that: | 
      
      
        | 
           
			 | 
                     (1)  the defendant is indigent or was, at the time the  | 
      
      
        | 
           
			 | 
        offense was committed, a child as defined by Article 45.058(h); and | 
      
      
        | 
           
			 | 
                     (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. | 
      
      
        | 
           
			 | 
               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  | 
      
      
        | 
           
			 | 
        certified 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; | 
      
      
        | 
           
			 | 
                           (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 within the  | 
      
      
        | 
           
			 | 
        period described by Paragraph (A); and | 
      
      
        | 
           
			 | 
                     (2)  the defendant fails to appear before the justice  | 
      
      
        | 
           
			 | 
        or judge on or before the 30th day after the date that notice is  | 
      
      
        | 
           
			 | 
        provided under Subdivision (1). | 
      
      
        | 
           
			 | 
               (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 justice or judge shall recall an arrest warrant for  | 
      
      
        | 
           
			 | 
        the defendant's failure to appear if the defendant voluntarily  | 
      
      
        | 
           
			 | 
        appears 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 PROHIBITED.  (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. | 
      
      
        | 
           
			 | 
               (c)  If the defendant refuses [fails] to give a personal bond  | 
      
      
        | 
           
			 | 
        [bail], the defendant may be held in custody. | 
      
      
        | 
           
			 | 
               SECTION 10.  Article 45.019(a), Code of Criminal Procedure,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A complaint is sufficient, without regard to its form,  | 
      
      
        | 
           
			 | 
        if it substantially satisfies the following requisites: | 
      
      
        | 
           
			 | 
                     (1)  it must be in writing; | 
      
      
        | 
           
			 | 
                     (2)  it must commence "In the name and by the authority  | 
      
      
        | 
           
			 | 
        of the State of Texas"; | 
      
      
        | 
           
			 | 
                     (3)  it must state the name of the accused, if known, or  | 
      
      
        | 
           
			 | 
        if unknown, must include a reasonably definite description of the  | 
      
      
        | 
           
			 | 
        accused; | 
      
      
        | 
           
			 | 
                     (4)  it must show that the accused has committed an  | 
      
      
        | 
           
			 | 
        offense against the law of this state, or state that the affiant has  | 
      
      
        | 
           
			 | 
        good reason to believe and does believe that the accused has  | 
      
      
        | 
           
			 | 
        committed an offense against the law of this state; | 
      
      
        | 
           
			 | 
                     (5)  it must state the date the offense was committed as  | 
      
      
        | 
           
			 | 
        definitely as the affiant is able to provide; | 
      
      
        | 
           
			 | 
                     (6)  it must contain information regarding the  | 
      
      
        | 
           
			 | 
        alternatives to the full payment of any fine or costs assessed  | 
      
      
        | 
           
			 | 
        against the accused, if the accused is convicted of the offense and  | 
      
      
        | 
           
			 | 
        is unable to pay that amount; | 
      
      
        | 
           
			 | 
                     (7)  it must bear the signature or mark of the affiant;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (8) [(7)]  it must conclude with the words "Against the  | 
      
      
        | 
           
			 | 
        peace and dignity of the State" and, if the offense charged is an  | 
      
      
        | 
           
			 | 
        offense only under a municipal ordinance, it may also conclude with  | 
      
      
        | 
           
			 | 
        the words "Contrary to the said ordinance". | 
      
      
        | 
           
			 | 
               SECTION 11.  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,  | 
      
      
        | 
           
			 | 
        the justice or judge may impose a fine and costs only if the justice  | 
      
      
        | 
           
			 | 
        or judge makes a written 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, including  | 
      
      
        | 
           
			 | 
        whether the defendant: | 
      
      
        | 
           
			 | 
                     (1)  is a full-time student; | 
      
      
        | 
           
			 | 
                     (2)  is a member of a household with a total annual  | 
      
      
        | 
           
			 | 
        income that is: | 
      
      
        | 
           
			 | 
                           (A)  at or below the applicable income level  | 
      
      
        | 
           
			 | 
        established by the federal poverty guidelines; or  | 
      
      
        | 
           
			 | 
                           (B)  below the state or local median household  | 
      
      
        | 
           
			 | 
        income; or | 
      
      
        | 
           
			 | 
                     (3)  receives financial assistance from any federal,  | 
      
      
        | 
           
			 | 
        state, or local assistance program. | 
      
      
        | 
           
			 | 
               (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 12.  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 13.  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 written 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 14.  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 15.  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 16.  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 the number of hours of  | 
      
      
        | 
           
			 | 
        community service the defendant is required to perform [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 17.  Article 45.0491, Code of Criminal Procedure, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Art. 45.0491.  WAIVER OF PAYMENT OF FINES AND COSTS FOR  | 
      
      
        | 
           
			 | 
        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 a fine or costs imposed on a defendant  | 
      
      
        | 
           
			 | 
        [who defaults in payment] if the court determines that: | 
      
      
        | 
           
			 | 
                     (1)  the defendant is indigent or was, at the time the  | 
      
      
        | 
           
			 | 
        offense was committed, a child as defined by Article 45.058(h); and | 
      
      
        | 
           
			 | 
                     (2)  discharging the fine and costs under Article  | 
      
      
        | 
           
			 | 
        45.049 or as otherwise authorized by this chapter would impose an  | 
      
      
        | 
           
			 | 
        undue hardship on the defendant. | 
      
      
        | 
           
			 | 
               SECTION 18.  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 19.  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 the  | 
      
      
        | 
           
			 | 
        number of hours of community service the defendant is required to  | 
      
      
        | 
           
			 | 
        perform [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 20.  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 (d), (e),  | 
      
      
        | 
           
			 | 
        and (f) and adding Subsections (d-1) and (h) to read as follows: | 
      
      
        | 
           
			 | 
               (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 21.  Article 45.051(a), Code of Criminal Procedure,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  On a plea of guilty or nolo contendere by a defendant or  | 
      
      
        | 
           
			 | 
        on a finding of guilt in a misdemeanor case punishable by fine only  | 
      
      
        | 
           
			 | 
        and payment of all court costs, the judge may defer further  | 
      
      
        | 
           
			 | 
        proceedings without entering an adjudication of guilt and place the  | 
      
      
        | 
           
			 | 
        defendant on probation for a period not to exceed 180 days.  In  | 
      
      
        | 
           
			 | 
        issuing the order of deferral, the judge may impose a special  | 
      
      
        | 
           
			 | 
        expense fee on the defendant in an amount not to exceed the amount  | 
      
      
        | 
           
			 | 
        of the fine that could be imposed on the defendant as punishment for  | 
      
      
        | 
           
			 | 
        the offense.  The special expense fee may be collected at any time  | 
      
      
        | 
           
			 | 
        before the date on which the period of probation ends.  The judge  | 
      
      
        | 
           
			 | 
        may elect not to impose the special expense fee for good cause shown  | 
      
      
        | 
           
			 | 
        by the defendant.  If the judge orders the collection of a special  | 
      
      
        | 
           
			 | 
        expense fee, the judge shall require that the amount of the special  | 
      
      
        | 
           
			 | 
        expense fee be credited toward the payment of the amount of the fine  | 
      
      
        | 
           
			 | 
        imposed by the judge.  An order of deferral under this subsection  | 
      
      
        | 
           
			 | 
        terminates any liability under a personal [bail bond or an 
         | 
      
      
        | 
           
			 | 
        
          appearance] bond given for the charge. | 
      
      
        | 
           
			 | 
               SECTION 22.  Article 45.0511(t), Code of Criminal Procedure,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (t)  An order of deferral under Subsection (c) terminates any  | 
      
      
        | 
           
			 | 
        liability under a personal [bail bond or appearance] bond given for  | 
      
      
        | 
           
			 | 
        the charge. | 
      
      
        | 
           
			 | 
               SECTION 23.  Articles 103.0031(a), (b), (d), (f), (g), and  | 
      
      
        | 
           
			 | 
        (j), Code of Criminal Procedure, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The commissioners court of a county or the governing  | 
      
      
        | 
           
			 | 
        body of a municipality may enter into a contract with a private  | 
      
      
        | 
           
			 | 
        attorney or a public or private vendor for the provision of  | 
      
      
        | 
           
			 | 
        collection services for one or more of the following items: | 
      
      
        | 
           
			 | 
                     (1)  debts and accounts receivable such as unpaid  | 
      
      
        | 
           
			 | 
        fines, fees, court costs, forfeited bonds, and restitution ordered  | 
      
      
        | 
           
			 | 
        paid by: | 
      
      
        | 
           
			 | 
                           (A)  a court serving the county or a court serving  | 
      
      
        | 
           
			 | 
        the municipality, as applicable; or | 
      
      
        | 
           
			 | 
                           (B)  a hearing officer serving the municipality  | 
      
      
        | 
           
			 | 
        under Chapter 682, Transportation Code; and | 
      
      
        | 
           
			 | 
                     (2)  [amounts in cases in which the accused has failed 
         | 
      
      
        | 
           
			 | 
        
          to appear:
         | 
      
      
        | 
           
			 | 
                           [(A)
           
           
          as promised under Subchapter A, Chapter 543, 
         | 
      
      
        | 
           
			 | 
        
          Transportation Code, or other law;
         | 
      
      
        | 
           
			 | 
                           [(B)
           
           
          in compliance with a lawful written notice 
         | 
      
      
        | 
           
			 | 
        
          to appear issued under Article 14.06(b) or other law;
         | 
      
      
        | 
           
			 | 
                           [(C)
           
           
          in compliance with a lawful summons issued 
         | 
      
      
        | 
           
			 | 
        
          under Article 15.03(b) or other law;
         | 
      
      
        | 
           
			 | 
                           [(D)
           
           
          in compliance with a lawful order of a court 
         | 
      
      
        | 
           
			 | 
        
          serving the county or municipality; or
         | 
      
      
        | 
           
			 | 
                           [(E)
           
           
          as specified in a citation, summons, or 
         | 
      
      
        | 
           
			 | 
        
          other notice authorized by Section 682.002, Transportation Code, 
         | 
      
      
        | 
           
			 | 
        
          that charges the accused with a parking or stopping offense; and
         | 
      
      
        | 
           
			 | 
                     [(3)]  false alarm penalties or fees imposed by a  | 
      
      
        | 
           
			 | 
        county under Chapter 118 or 233, Local Government Code, or by a  | 
      
      
        | 
           
			 | 
        municipality under a municipal ordinance. | 
      
      
        | 
           
			 | 
               (b)  A commissioners court or governing body of a  | 
      
      
        | 
           
			 | 
        municipality that enters into a contract with a private attorney or  | 
      
      
        | 
           
			 | 
        private vendor under this article may authorize the addition of a  | 
      
      
        | 
           
			 | 
        collection fee in the amount of 15 [30] percent on each item  | 
      
      
        | 
           
			 | 
        described in Subsection (a) that is more than 60 days past due and  | 
      
      
        | 
           
			 | 
        has been referred to the attorney or vendor for collection.  The  | 
      
      
        | 
           
			 | 
        collection fee does not apply to a case that has been dismissed by a  | 
      
      
        | 
           
			 | 
        court of competent jurisdiction or to any amount that has been  | 
      
      
        | 
           
			 | 
        satisfied through time-served credit or community service.  The  | 
      
      
        | 
           
			 | 
        collection fee may be applied to any balance remaining after a  | 
      
      
        | 
           
			 | 
        partial credit for time served or community service if the balance  | 
      
      
        | 
           
			 | 
        is more than 60 days past due.  Unless the contract provides  | 
      
      
        | 
           
			 | 
        otherwise, the court shall calculate the amount of any collection  | 
      
      
        | 
           
			 | 
        fee due to the governmental entity or to the private attorney or  | 
      
      
        | 
           
			 | 
        private vendor performing the collection services and shall receive  | 
      
      
        | 
           
			 | 
        all fees, including the collection fee.  [With respect to cases 
         | 
      
      
        | 
           
			 | 
        
          described by Subsection (a)(2), the amount to which the 30 percent 
         | 
      
      
        | 
           
			 | 
        
          collection fee applies is:
         | 
      
      
        | 
           
			 | 
                     [(1)
           
           
          the amount to be paid that is communicated to the 
         | 
      
      
        | 
           
			 | 
        
          accused as acceptable to the court under its standard policy for 
         | 
      
      
        | 
           
			 | 
        
          resolution of the case, if the accused voluntarily agrees to pay 
         | 
      
      
        | 
           
			 | 
        
          that amount; or
         | 
      
      
        | 
           
			 | 
                     [(2)
           
           
          the amount ordered paid by the court after plea or 
         | 
      
      
        | 
           
			 | 
        
          trial.] | 
      
      
        | 
           
			 | 
               (d)  A county or municipality may not enter into a contract  | 
      
      
        | 
           
			 | 
        under Subsection (a) for the provision of collection services in  | 
      
      
        | 
           
			 | 
        cases in which [defendant is not liable for the collection fees 
         | 
      
      
        | 
           
			 | 
        
          authorized under Subsection (b) if] the court with [of original]  | 
      
      
        | 
           
			 | 
        jurisdiction over the case has determined the defendant is  | 
      
      
        | 
           
			 | 
        indigent, or has insufficient resources or income, or is otherwise  | 
      
      
        | 
           
			 | 
        unable to pay all or part of the applicable amount owed [underlying 
         | 
      
      
        | 
           
			 | 
        
          fine or costs]. | 
      
      
        | 
           
			 | 
               (f)  An item subject to collection services under Subsection  | 
      
      
        | 
           
			 | 
        (a) and to the additional collection fee authorized by Subsection  | 
      
      
        | 
           
			 | 
        (b) is considered more than 60 days past due under Subsection (b) if  | 
      
      
        | 
           
			 | 
        it remains unpaid on the 61st day after the following appropriate  | 
      
      
        | 
           
			 | 
        date: | 
      
      
        | 
           
			 | 
                     (1)  with respect to an item described by Subsection  | 
      
      
        | 
           
			 | 
        (a)(1), the date on which the debt, fine, fee, forfeited bond, or  | 
      
      
        | 
           
			 | 
        court cost must be paid in full as determined by the court or  | 
      
      
        | 
           
			 | 
        hearing officer; or | 
      
      
        | 
           
			 | 
                     (2)  with respect to an item described by Subsection  | 
      
      
        | 
           
			 | 
        (a)(2), [the date by which the accused promised to appear or was 
         | 
      
      
        | 
           
			 | 
        
          notified, summoned, or ordered to appear; or
         | 
      
      
        | 
           
			 | 
                     [(3)
           
           
          with respect to an item described by Subsection 
         | 
      
      
        | 
           
			 | 
        
          (a)(3),] the date on which a penalty or fee is due under a rule or  | 
      
      
        | 
           
			 | 
        order adopted under Chapter 233, Local Government Code, or an  | 
      
      
        | 
           
			 | 
        ordinance, policy, procedure, or rule of a municipality. | 
      
      
        | 
           
			 | 
               (g)  A county or municipality that enters into a contract  | 
      
      
        | 
           
			 | 
        under Subsection (a) may not use the additional 15 [30] percent  | 
      
      
        | 
           
			 | 
        collection fee authorized by Subsection (b) for any purpose other  | 
      
      
        | 
           
			 | 
        than compensating the private attorney or private vendor who earns  | 
      
      
        | 
           
			 | 
        the fee. | 
      
      
        | 
           
			 | 
               (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)  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. | 
      
      
        | 
           
			 | 
               SECTION 24.  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 25.  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) . . . 15  | 
      
      
        | 
           
			 | 
        [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 26.  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 27.  Section 502.010, Transportation Code, is  | 
      
      
        | 
           
			 | 
        amended by amending Subsection (a) 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). | 
      
      
        | 
           
			 | 
               (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 any court having jurisdiction over an offense with  | 
      
      
        | 
           
			 | 
        respect to which a fine or fee was imposed makes a finding that the  | 
      
      
        | 
           
			 | 
        defendant is economically unable to pay the fine or fee: | 
      
      
        | 
           
			 | 
                     (1)  a county assessor-collector or the department may  | 
      
      
        | 
           
			 | 
        not refuse to register the defendant's motor vehicle under this  | 
      
      
        | 
           
			 | 
        section; and | 
      
      
        | 
           
			 | 
                     (2)  a county may not impose an additional fee on the  | 
      
      
        | 
           
			 | 
        defendant under Subsection (f). | 
      
      
        | 
           
			 | 
               SECTION 28.  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 29.  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 30.  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.  If the  | 
      
      
        | 
           
			 | 
        court having jurisdiction over an offense for which a fine and cost  | 
      
      
        | 
           
			 | 
        were imposed makes a finding that the defendant is economically  | 
      
      
        | 
           
			 | 
        unable to pay the fine and cost: | 
      
      
        | 
           
			 | 
                     (1)  the department may not deny renewal of the  | 
      
      
        | 
           
			 | 
        defendant's license under this chapter; and | 
      
      
        | 
           
			 | 
                     (2)  an administrative fee may not be imposed on the  | 
      
      
        | 
           
			 | 
        defendant under Section 706.006. | 
      
      
        | 
           
			 | 
               SECTION 31.  Section 706.004, Transportation Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Subsection (c) to read as follows: | 
      
      
        | 
           
			 | 
               (c)  Notwithstanding Subsection (a), the department may deny  | 
      
      
        | 
           
			 | 
        renewal of a person's driver's license under this section 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. | 
      
      
        | 
           
			 | 
               SECTION 32.  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;
         | 
      
      
        | 
           
			 | 
                     [(3)]  the posting of bond or the giving of other  | 
      
      
        | 
           
			 | 
        security to reinstate the charge for which the warrant was issued; | 
      
      
        | 
           
			 | 
                     (3) [(4)]  the payment or discharge of the fine and  | 
      
      
        | 
           
			 | 
        cost owed on an outstanding judgment of the court; or | 
      
      
        | 
           
			 | 
                     (4) [(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; 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 33.  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 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 if the judge or justice  | 
      
      
        | 
           
			 | 
        makes a finding that the person is economically unable to pay the  | 
      
      
        | 
           
			 | 
        fee or that good cause exists for the waiver. | 
      
      
        | 
           
			 | 
               SECTION 34.  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 35.  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,  | 
      
      
        | 
           
			 | 
        whichever date is earlier. | 
      
      
        | 
           
			 | 
               SECTION 36.  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 37.  The following provisions are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Articles 45.044 and 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 38.  The changes in law made by this Act to Articles  | 
      
      
        | 
           
			 | 
        14.06, 27.14, and 45.019, 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 39.  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 40.  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 41.  The changes in law made by this Act to Articles  | 
      
      
        | 
           
			 | 
        45.016, 45.051, and 45.0511, 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 42.  The repeal by this Act of Article 45.044, Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure, does not apply to a cash bond posted by a  | 
      
      
        | 
           
			 | 
        defendant before the effective date of this Act.  A cash bond posted  | 
      
      
        | 
           
			 | 
        by a defendant before the effective date of this Act is governed by  | 
      
      
        | 
           
			 | 
        the law as it existed on the date the bond was posted, and the former  | 
      
      
        | 
           
			 | 
        law is continued in effect for that purpose. | 
      
      
        | 
           
			 | 
               SECTION 43.  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 44.  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 45.  The change in law made by this Act in amending  | 
      
      
        | 
           
			 | 
        Article 103.0031, Code of Criminal Procedure, does not affect the  | 
      
      
        | 
           
			 | 
        terms of a contract entered into before the effective date of this  | 
      
      
        | 
           
			 | 
        Act, except that if the contract is renewed, modified, or extended  | 
      
      
        | 
           
			 | 
        on or after the effective date of this Act, Article 103.0031 applies  | 
      
      
        | 
           
			 | 
        to the contract beginning on the date of renewal, modification, or  | 
      
      
        | 
           
			 | 
        extension. | 
      
      
        | 
           
			 | 
               SECTION 46.  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 47.  This Act takes effect September 1, 2017. |