85R23206 KJE-F
	By: White, Bernal, Collier,	H.B. No. 3729
	Thompson of Harris
	Substitute the following for H.B. No. 3729:
	By:  Moody	C.S.H.B. No. 3729

	A BILL TO BE ENTITLED
	AN ACT
	relating to the administrative, civil, and criminal consequences,
	including fines, fees, and costs, imposed on persons arrested for,
	charged with, or convicted of certain criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 14.06(b), Code of Criminal Procedure, is
	amended to read as follows:
	(b)  A peace officer who is charging a person, including a
	child, with committing an offense that is a [Class C] misdemeanor
	punishable by a fine only, other than an offense under Section
	49.02, Penal Code, may, instead of taking the person before a
	magistrate, issue a citation to the person that contains written
	notice of the time and place the person must appear before a
	magistrate, the name and address of the person charged, the offense
	charged, and the following admonishment, in boldfaced or underlined
	type or in capital letters:
	"If you are convicted of a misdemeanor offense involving
	violence where you are or were a spouse, intimate partner, parent,
	or guardian of the victim or are or were involved in another,
	similar relationship with the victim, it may be unlawful for you to
	possess or purchase a firearm, including a handgun or long gun, or
	ammunition, pursuant to federal law under 18 U.S.C. Section
	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
	questions whether these laws make it illegal for you to possess or
	purchase a firearm, you should consult an attorney.
	"If you are ordered to pay a fine or costs in this case and
	are unable to afford the amount owed, contact the court
	immediately. You may be able to discharge the fine or costs by
	performing community service. In some circumstances, you may be
	able to have all or part of the fine or costs waived."
	SECTION 2.  Article 45.014, Code of Criminal Procedure, is
	amended by adding Subsections (e), (f), and (g) to read as follows:
	(e)  A justice or judge may not issue an arrest warrant for
	the defendant's failure to appear unless:
	(1)  the justice or judge provides by telephone, mail,
	or e-mail to the defendant notice that includes:
	(A)  at least two dates and times, occurring
	within the 30-day period following the date that notice is
	provided, when the defendant may appear before the justice or
	judge;
	(B)  the name and address of the court with
	jurisdiction in the case and a telephone number that the defendant
	may use to request an alternative date or time under Subsection (f);
	(C)  information regarding alternatives to the
	full payment of any fine or costs owed by the defendant, if the
	defendant is unable to pay that amount; and
	(D)  an explanation of the consequences if the
	defendant fails to appear before the justice or judge as required by
	this article; and
	(2)  the defendant fails to appear before the justice
	or judge as required by this article.
	(f)  A defendant who receives notice under Subsection (e) may
	request an alternative date or time to appear before the justice or
	judge if the defendant is unable to appear on a date and at a time
	provided in the notice.
	(g)  A defendant who voluntarily appears before a justice or
	judge to resolve an outstanding arrest warrant, a citation or
	complaint, or an unpaid fine or cost may not be arrested on a
	warrant for any misdemeanor punishable by fine only during or
	immediately before or after the defendant's appearance.
	SECTION 3.  Article 45.023, Code of Criminal Procedure, is
	amended by adding Subsection (e) to read as follows:
	(e)  A justice or judge who accepts the defendant's plea of
	guilty or nolo contendere shall advise the defendant that,
	regardless of the defendant's ability to pay, the defendant may
	request to perform community service under Article 45.049 to
	discharge any fine or cost imposed on the defendant in the case.
	SECTION 4.  Article 45.041, Code of Criminal Procedure, is
	amended by amending Subsections (b) and (b-2) and adding Subsection
	(b-6) to read as follows:
	(b)  Subject to Subsections (b-2), [and] (b-3), and (b-6) and
	Article 45.0491, the justice or judge may direct the defendant:
	(1)  to pay:
	(A)  the entire fine and costs when sentence is
	pronounced;
	(B)  the entire fine and costs at some later date;
	or
	(C)  a specified portion of the fine and costs at
	designated intervals;
	(2)  if applicable, to make restitution to any victim
	of the offense; and
	(3)  to satisfy any other sanction authorized by law.
	(b-2)  When imposing a fine and costs, [if the justice or
	judge determines that the defendant is unable to immediately pay
	the fine and costs,] the justice or judge:
	(1)  shall seek information from the defendant that is
	relevant to a determination of whether the defendant is able to
	immediately pay the fine or costs; and
	(2)  if the justice or judge determines that the
	defendant is unable to immediately pay the fine or costs, shall
	allow the defendant to pay the fine or [and] costs, as applicable,
	in specified portions at designated intervals.
	(b-6)  When imposing a fine and costs, the justice or judge
	may require the defendant to perform community service as provided
	by Article 45.049 to discharge all or part of the fine or costs.
	SECTION 5.  Article 45.045, Code of Criminal Procedure, is
	amended by amending Subsection (a) and adding Subsection (a-2) to
	read as follows:
	(a)  If the defendant is not in custody when the judgment is
	rendered or, subject to Subsection (a-2), if the defendant fails to
	satisfy the judgment according to its terms, the court may order a
	capias pro fine, as defined by Article 43.015, issued for the
	defendant's arrest. The capias pro fine shall state the amount of
	the judgment and sentence[,] and shall command the appropriate
	peace officer to:
	(1)  bring the defendant before the court immediately;
	or
	(2)  [place the defendant in jail until the business
	day following the date of the defendant's arrest] if the defendant
	cannot be brought before the court immediately, confine the
	defendant in jail and bring the defendant before the court not later
	than 24 hours after the time of the defendant's arrest, provided
	that if the defendant is not brought before the court within that
	period, the person having custody of the defendant shall release
	the defendant.
	(a-2)  The court may not issue a capias pro fine for the
	defendant's failure to satisfy the judgment according to its terms
	unless:
	(1)  the court provides by mail to the defendant notice
	that includes:
	(A)  a statement that the defendant has failed to
	satisfy the judgment according to its terms;
	(B)  a date and time, occurring not later than the
	21st day after the date that notice is mailed, when the court will
	hold a hearing on the defendant's failure to satisfy the judgment
	according to its terms; and
	(C)  the location at which the hearing will be
	held; and
	(2)  either:
	(A)  the defendant fails to appear at the hearing;
	or
	(B)  based on evidence presented at the hearing,
	the court makes a written determination that:
	(i)  the defendant is not indigent and has
	failed to make a good faith effort to discharge the fine or costs;
	or
	(ii)  the defendant is indigent and:
	(a)  has failed to make a good faith
	effort to discharge the fine or costs under Article 45.049; and
	(b)  could have discharged the fine or
	costs under Article 45.049 without experiencing any undue hardship.
	SECTION 6.  Article 45.046(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  When a judgment and sentence have been entered against a
	defendant and the defendant defaults in the discharge of the
	judgment, the judge may order the defendant confined in jail until
	discharged by law if the judge at a hearing makes a written
	determination that:
	(1)  the defendant is not indigent and has failed to
	make a good faith effort to discharge the fine or [and] costs; or
	(2)  the defendant is indigent and:
	(A)  has failed to make a good faith effort to
	discharge the fine or [fines and] costs under Article 45.049; and
	(B)  could have discharged the fine or [fines and]
	costs under Article 45.049 without experiencing any undue hardship.
	SECTION 7.  Article 45.048, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 45.048.  DISCHARGED FROM JAIL. (a) A defendant placed
	in jail on account of failure to pay the fine and costs shall be
	discharged on habeas corpus by showing that the defendant:
	(1)  is too poor to pay the fine and costs; [or]
	(2)  has remained in jail a sufficient length of time to
	satisfy the fine and costs, at the rate of not less than $300 [$50]
	for each period [of time] served, as specified by the convicting
	court in the judgment in the case; or
	(3)  has remained in jail for a cumulative period of 72
	hours.
	(b)  A convicting court may specify a period [of time] that
	is not less than eight hours or more than 24 hours as the period for
	which a defendant who fails to pay the fine [fines] and costs in the
	case must remain in jail to satisfy $300 [$50] of the fine and
	costs.
	(c)  Notwithstanding any other law, if a defendant placed in
	jail on account of failure to pay the fine and costs has remained in
	jail for a cumulative period of 72 hours and the amount owed has not
	been fully discharged, the convicting court shall release the
	defendant from jail and shall waive the remaining amount owed.
	SECTION 8.  Article 45.049, Code of Criminal Procedure, is
	amended by amending Subsections (a), (b), (c), (d), (e), and (g) and
	adding Subsections (a-1), (a-2), (a-3), and (c-1) to read as
	follows:
	(a)  Except as provided by Subsection (a-1), a [A] justice or
	judge may require a defendant [who fails to pay a previously
	assessed fine or costs, or who is determined by the court to have
	insufficient resources or income to pay a fine or costs,] to perform
	community service under this article to discharge all or part of the
	fine or costs assessed in the case [by performing community
	service].
	(a-1)  A justice or judge may require a defendant described
	by Article 45.0491(c) to perform community service under this
	article to discharge all or part of the fine or costs only if the
	justice or judge determines that the requirement would not impose
	an undue hardship on the defendant.
	(a-2)  At sentencing, a defendant may request to perform
	community service under this article to discharge all or part of the
	fine or costs assessed in the case. The justice or judge shall
	grant the request if:
	(1)  the defendant is described by Article 45.0491(c);
	or
	(2)  granting the request is in the interest of
	justice.
	(a-3)  A defendant may discharge an obligation to perform
	community service under this article by paying at any time the fine
	and costs assessed.
	(b)  In the justice's or judge's order requiring or
	permitting a defendant to perform [participate in] community
	service [work] under this article, the justice or judge must
	specify:
	(1)  the number of hours of community service the
	defendant is required to perform; and
	(2)  the date by which the defendant must submit to the
	court documentation verifying the defendant's completion of the
	community service [work].
	(c)  The justice or judge may order the defendant, or the
	defendant may request under Subsection (a-2), to perform community
	service [work] under this article [only] for:
	(1)  a governmental entity;
	(2)  [or] a nonprofit organization or another
	organization that provides services to the general public that
	enhance social welfare and the general well-being of the community,
	as determined by the justice or judge;
	(3)  a religious organization;
	(4)  a neighborhood association or group; or
	(5)  an educational institution.
	(c-1)  An [A governmental] entity [or nonprofit
	organization] that accepts a defendant under this article to
	perform community service must agree to supervise, either on-site
	or remotely, the defendant in the performance of the defendant's
	community service [work] and report on the defendant's community
	service [work] to the justice or judge who ordered the [community]
	service.
	(d)  A justice or judge may not order a defendant to perform
	more than 16 hours per week of community service under this article
	unless the justice or judge determines that requiring the defendant
	to perform [work] additional hours does not impose an undue [work a]
	hardship on the defendant or the defendant's dependents.
	(e)  A defendant is considered to have discharged not less
	than $15 [$50] of fines or costs for each hour [eight hours] of
	community service performed under this article.
	(g)  This subsection applies only to a defendant who is
	charged with a traffic offense or an offense under Section 106.05,
	Alcoholic Beverage Code, and is a resident of this state.  If under
	Article 45.051(b)(10), Code of Criminal Procedure, the judge
	requires the defendant to perform community service as a condition
	of the deferral, the defendant is entitled to elect whether to
	perform the required [governmental entity or nonprofit
	organization community] service in:
	(1)  the county in which the court is located; or
	(2)  the county in which the defendant resides, but
	only if the applicable entity [or organization] agrees to:
	(A)  supervise the defendant in the performance of
	the defendant's community service [work]; and
	(B)  report to the court on the defendant's
	community service [work].
	SECTION 9.  Article 45.0491, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 45.0491.  WAIVER OF PAYMENT OF FINES OR [AND] COSTS FOR
	CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN.  (a)  A municipal
	court, regardless of whether the court is a court of record, or a
	justice court may waive payment of all or part of a fine or costs
	imposed on a defendant [who defaults in payment] if the court
	determines:
	(1)  that:
	(A) [(1)]  the defendant is indigent or does not
	have sufficient resources or income to pay all or part of the fine
	or costs or was, at the time the offense was committed, a child as
	defined by Article 45.058(h); and
	(B) [(2)]  discharging all or part of the fine or
	[and] costs under Article 45.049 or as otherwise authorized by this
	chapter would impose an undue hardship on the defendant; or
	(2)  that the waiver is in the interest of justice.
	(b)  A municipal court, regardless of whether the court is a
	court of record, or a justice court shall waive payment of costs and
	at least 50 percent of a fine imposed on a defendant described by
	Subsection (c) if the court determines that the defendant is
	indigent or does not have sufficient resources or income to pay the
	fine and costs.
	(c)  For purposes of Subsection (b), a defendant is presumed
	to be indigent or to not have sufficient resources or income to pay
	the fine and costs if the defendant:
	(1)  is required to attend school full time under
	Section 25.085, Education Code;
	(2)  is a member of a household with a total annual
	income that is below 125 percent of the applicable income level
	established by the federal poverty guidelines; or
	(3)  receives assistance from:
	(A)  the financial assistance program established
	under Chapter 31, Human Resources Code;
	(B)  the medical assistance program under Chapter
	32, Human Resources Code;
	(C)  the supplemental nutrition assistance
	program established under Chapter 33, Human Resources Code;
	(D)  the federal special supplemental nutrition
	program for women, infants, and children authorized by 42 U.S.C.
	Section 1786; or
	(E)  the child health plan program under Chapter
	62, Health and Safety Code.
	SECTION 10.  Article 102.011, Code of Criminal Procedure, is
	amended by amending Subsections (a) and (e) and adding Subsection
	(f) to read as follows:
	(a)  A defendant convicted of a felony or a misdemeanor shall
	pay the following fees for services performed in the case by a peace
	officer:
	(1)  $5 for issuing a written notice to appear in court
	following the defendant's violation of a traffic law, municipal
	ordinance, or penal law of this state, or for making an arrest
	without a warrant;
	(2)  $50 for executing [or processing] an issued arrest
	warrant, capias, or capias pro fine with the fee imposed for the
	services of:
	(A)  the law enforcement agency that executed the
	arrest warrant or capias, if the agency requests of the court, not
	later than the 15th day after the date of the execution of the
	arrest warrant or capias, the imposition of the fee on conviction;
	or
	(B)  the law enforcement agency that processed the
	arrest warrant or capias, if[:
	[(i)     the arrest warrant or capias was not
	executed; or
	[(ii)]  the executing law enforcement agency
	failed to request the fee within the period required by Paragraph
	(A) [of this subdivision];
	(3)  $5 for summoning a witness;
	(4)  $35 for serving a writ not otherwise listed in this
	article;
	(5)  $10 for taking and approving a bond and, if
	necessary, returning the bond to the courthouse;
	(6)  $5 for commitment or release;
	(7)  $5 for summoning a jury, if a jury is summoned; and
	(8)  $8 for each day's attendance of a prisoner in a
	habeas corpus case if the prisoner has been remanded to custody or
	held to bail.
	(e)  Except as provided by Subsection (f), a [A] fee under
	Subsection (a)(1) or (a)(2) [of this article] shall be assessed:
	(1)  on conviction, regardless of whether the defendant
	was also arrested at the same time for another offense;[,] and
	(2)  [shall be assessed] for each arrest made of a
	defendant arising out of the offense for which the defendant has
	been convicted.
	(f)  A fee under Subsection (a)(2) may be assessed only once
	for an arrest, regardless of whether more than one arrest warrant,
	capias, or capias pro fine is executed during the arrest.
	SECTION 11.  Section 102.021, Government Code, is amended to
	read as follows:
	Sec. 102.021.  COURT COSTS ON CONVICTION:  CODE OF CRIMINAL
	PROCEDURE.  A person convicted of an offense shall pay the following
	under the Code of Criminal Procedure, in addition to all other
	costs:
	(1)  court cost on conviction of any offense, other
	than a conviction of an offense relating to a pedestrian or the
	parking of a motor vehicle (Art. 102.0045, Code of Criminal
	Procedure) . . . $4;
	(2)  a fee for services of prosecutor (Art. 102.008,
	Code of Criminal Procedure) . . . $25;
	(3)  fees for services of peace officer:
	(A)  issuing a written notice to appear in court
	for certain violations (Art. 102.011, Code of Criminal Procedure)
	. . . $5;
	(B)  executing [or processing] an issued arrest
	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
	Procedure) . . . $50;
	(C)  summoning a witness (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(D)  serving a writ not otherwise listed (Art.
	102.011, Code of Criminal Procedure) . . . $35;
	(E)  taking and approving a bond and, if
	necessary, returning the bond to courthouse (Art. 102.011, Code of
	Criminal Procedure) . . . $10;
	(F)  commitment or release (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(G)  summoning a jury (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(H)  attendance of a prisoner in habeas corpus
	case if prisoner has been remanded to custody or held to bail (Art.
	102.011, Code of Criminal Procedure) . . . $8 each day;
	(I)  mileage for certain services performed (Art.
	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
	(J)  services of a sheriff or constable who serves
	process and attends examining trial in certain cases (Art. 102.011,
	Code of Criminal Procedure) . . . not to exceed $5;
	(4)  services of a peace officer in conveying a witness
	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
	$10 per day or part of a day, plus actual necessary travel expenses;
	(5)  overtime of peace officer for time spent
	testifying in the trial or traveling to or from testifying in the
	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
	(6)  court costs on an offense relating to rules of the
	road, when offense occurs within a school crossing zone (Art.
	102.014, Code of Criminal Procedure) . . . $25;
	(7)  court costs on an offense of passing a school bus
	(Art. 102.014, Code of Criminal Procedure) . . . $25;
	(8)  court costs on an offense of parent contributing
	to student nonattendance (Art. 102.014, Code of Criminal Procedure)
	. . . $20;
	(9)  cost for visual recording of intoxication arrest
	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
	$15;
	(10)  cost of certain evaluations (Art. 102.018, Code
	of Criminal Procedure) . . . actual cost;
	(11)  additional costs attendant to certain
	intoxication convictions under Chapter 49, Penal Code, for
	emergency medical services, trauma facilities, and trauma care
	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
	(12)  additional costs attendant to certain child
	sexual assault and related convictions, for child abuse prevention
	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
	(13)  court cost for DNA testing for certain felonies
	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
	(14)  court cost for DNA testing for certain
	misdemeanors and felonies (Art. 102.020(a)(2), Code of Criminal
	Procedure) . . . $50;
	(15)  court cost for DNA testing for certain felonies
	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
	(16)  if required by the court, a restitution fee for
	costs incurred in collecting restitution installments and for the
	compensation to victims of crime fund (Art. 42.037, Code of
	Criminal Procedure) . . . $12;
	(17)  if directed by the justice of the peace or
	municipal court judge hearing the case, court costs on conviction
	in a criminal action (Art. 45.041, Code of Criminal Procedure)
	. . . part or all of the costs as directed by the judge; and
	(18)  costs attendant to convictions under Chapter 49,
	Penal Code, and under Chapter 481, Health and Safety Code, to help
	fund drug court programs established under Chapter 122, 123, 124,
	or 125, Government Code, or former law (Art. 102.0178, Code of
	Criminal Procedure) . . . $60.
	SECTION 12.  Section 102.0212, Government Code, is amended
	to read as follows:
	Sec. 102.0212.  COURT COSTS ON CONVICTION:  LOCAL GOVERNMENT
	CODE. A person convicted of an offense shall pay the following
	under the Local Government Code, in addition to all other costs:
	(1)  court costs on conviction of a felony (Sec.
	133.102, Local Government Code) . . . $133;
	(2)  court costs on conviction of a Class A or Class B
	misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
	(3)  court costs on conviction of a nonjailable
	misdemeanor offense, including a criminal violation of a municipal
	ordinance, other than a conviction of an offense relating to a
	pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
	Government Code) . . . $40;
	(4)  [a time payment fee if convicted of a felony or
	misdemeanor for paying any part of a fine, court costs, or
	restitution on or after the 31st day after the date on which a
	judgment is entered assessing the fine, court costs, or restitution
	(Sec. 133.103, Local Government Code) .   .   . $25;
	[(5)]  a cost on conviction of any offense, other than
	an offense relating to a pedestrian or the parking of a motor
	vehicle (Sec. 133.105, Local Government Code) . . . $6; and
	(5) [(6)]  a cost on conviction of any offense, other
	than an offense relating to a pedestrian or the parking of a motor
	vehicle (Sec. 133.107, Local Government Code) . . . $2.
	SECTION 13.  Section 133.003, Local Government Code, is
	amended to read as follows:
	Sec. 133.003.  CRIMINAL FEES. This chapter applies to the
	following criminal fees:
	(1)  the consolidated fee imposed under Section
	133.102;
	(2)  [the time payment fee imposed under Section
	133.103;
	[(3)]  fees for services of peace officers employed by
	the state imposed under Article 102.011, Code of Criminal
	Procedure, and forwarded to the comptroller as provided by Section
	133.104;
	(3) [(4)]  costs on conviction imposed in certain
	statutory county courts under Section 51.702, Government Code, and
	deposited in the judicial fund;
	(4) [(5)]  costs on conviction imposed in certain
	county courts under Section 51.703, Government Code, and deposited
	in the judicial fund;
	(5) [(6)]  the administrative fee for failure to appear
	or failure to pay or satisfy a judgment imposed under Section
	706.006, Transportation Code;
	(6) [(7)]  fines on conviction imposed under Section
	621.506(g), Transportation Code;
	(7) [(8)]  the fee imposed under Article 102.0045, Code
	of Criminal Procedure;
	(8) [(9)]  the cost on conviction imposed under Section
	133.105 and deposited in the judicial fund; and
	(9) [(10)]  the cost on conviction imposed under
	Section 133.107.
	SECTION 14.  Section 502.010, Transportation Code, is
	amended by amending Subsection (c) and adding Subsection (i) to
	read as follows:
	(c)  A county that has a contract under Subsection (b) shall
	notify the department regarding a person for whom the county
	assessor-collector or the department has refused to register a
	motor vehicle on:
	(1)  the person's payment or other means of discharge,
	including a waiver, of the past due fine, fee, or tax; or
	(2)  perfection of an appeal of the case contesting
	payment of the fine, fee, or tax.
	(i)  If a county assessor-collector is notified that the
	court having jurisdiction over the underlying offense has waived
	the past due fine or fee due to the defendant's indigency, the
	county may not impose an additional fee on the defendant under
	Subsection (f).
	SECTION 15.  Section 502.010(f), Transportation Code, as
	amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of
	the 82nd Legislature, Regular Session, 2011, is reenacted and
	amended to read as follows:
	(f)  Except as otherwise provided by this section, a [A]
	county that has a contract under Subsection (b) may impose an
	additional fee of $20 to:
	(1)  a person who fails to pay a fine, fee, or tax to the
	county by the date on which the fine, fee, or tax is due; or
	(2)  a person who fails to appear in connection with a
	complaint, citation, information, or indictment in a court in which
	a criminal proceeding is pending against the owner. [The
	additional fee may be used only to reimburse the department or the
	county for its expenses for providing services under the contract.]
	SECTION 16.  Section 521.242(a), Transportation Code, is
	amended to read as follows:
	(a)  A person whose license has been suspended for a cause
	other than a physical or mental disability or impairment or a
	conviction of an offense under Sections 49.04-49.08, Penal Code,
	may apply for an occupational license by filing a verified petition
	with the clerk of a municipal, justice, county, or district court
	with jurisdiction that includes the precinct or county in which:
	(1)  the person resides; or
	(2)  the offense occurred for which the license was
	suspended.
	SECTION 17.  Section 706.005, Transportation Code, is
	amended to read as follows:
	Sec. 706.005.  CLEARANCE NOTICE TO DEPARTMENT. (a)  A
	political subdivision shall immediately notify the department that
	there is no cause to continue to deny renewal of a person's driver's
	license based on the person's previous failure to appear or failure
	to pay or satisfy a judgment ordering the payment of a fine and cost
	in the manner ordered by the court in a matter involving an offense
	described by Section 706.002(a), on payment of a fee as provided by
	Section 706.006 and:
	(1)  the perfection of an appeal of the case for which
	the warrant of arrest was issued or judgment arose;
	(2)  the dismissal of the charge for which the warrant
	of arrest was issued or judgment arose, other than a dismissal with
	prejudice by the appropriate prosecuting attorney for lack of
	evidence;
	(3)  the posting of bond or the giving of other security
	to reinstate the charge for which the warrant was issued;
	(4)  the payment or discharge, including a waiver, of
	the fine and cost owed on an outstanding judgment of the court; or
	(5)  other suitable arrangement to pay the fine and
	cost within the court's discretion.
	(b)  The department may not continue to deny the renewal of
	the person's driver's license under this chapter after the
	department receives notice:
	(1)  under Subsection (a);
	(2)  that the person was acquitted of the charge on
	which the person failed to appear;
	(3)  that the charge on which the person failed to
	appear was dismissed with prejudice by the appropriate prosecuting
	attorney for lack of evidence; or
	(4) [(3)]  from the political subdivision that the
	failure to appear report or court order to pay a fine or cost
	relating to the person:
	(A)  was sent to the department in error; or
	(B)  has been destroyed in accordance with the
	applicable political subdivision's records retention policy.
	SECTION 18.  Section 706.006, Transportation Code, is
	amended by amending Subsections (a) and (b) and adding Subsections
	(a-1) and (d) to read as follows:
	(a)  Except as provided by Subsection (d), a [A] person who
	fails to appear for a complaint or citation for an offense described
	by Section 706.002(a) shall be required to pay an administrative
	fee of $30 for each complaint or citation reported to the department
	under this chapter, unless:
	(1)  the person is acquitted of the charges on [for]
	which the person failed to appear;
	(2)  the charges on which the person failed to appear
	were dismissed with prejudice by the appropriate prosecuting
	attorney for lack of evidence;
	(3)  the failure to appear report was sent to the
	department in error; or
	(4)  the case regarding the complaint or citation is
	closed and the failure to appear report has been destroyed in
	accordance with the applicable political subdivision's records
	retention policy.
	(a-1)  A [The] person who is required to pay a fee under
	Subsection (a) shall pay the fee when:
	(1)  the court enters judgment on the underlying
	offense reported to the department;
	(2)  the underlying offense is dismissed, other than a
	dismissal described by Subsection (a)(2); or
	(3)  bond or other security is posted to reinstate the
	charge for which the warrant was issued.
	(b)  Except as provided by Subsection (d), a [A] person who
	fails to pay or satisfy a judgment ordering the payment of a fine
	and cost in the manner the court orders shall be required to pay an
	administrative fee of $30.
	(d)  A municipal court judge or justice of the peace who has
	jurisdiction over the underlying offense shall waive any
	administrative fee required by this section if the judge or justice
	makes a finding that the defendant is indigent under Article
	45.0491, Code of Criminal Procedure.
	SECTION 19.  Section 708.158, Transportation Code, is
	amended by adding Subsection (c) to read as follows:
	(c)  Not later than the fifth day after the date the court
	receives information described by Subsection (b) establishing that
	a person is indigent, the court shall notify the department that the
	person is indigent for the purposes of this chapter.
	SECTION 20.  Section 133.103, Local Government Code, is
	repealed.
	SECTION 21.  The changes in law made by this Act to Article
	14.06, Code of Criminal Procedure, and Section 502.010 and Chapter
	706, Transportation Code, apply only to an offense committed on or
	after the effective date of this Act. An offense committed before
	the effective date of this Act is governed by the law in effect on
	the date the offense was committed, and the former law is continued
	in effect for that purpose. For purposes of this section, an
	offense was committed before the effective date of this Act if any
	element of the offense occurred before that date.
	SECTION 22.  The changes in law made by this Act to Articles
	45.014, 45.023, 45.041, 45.046, 45.049, and 45.0491, Code of
	Criminal Procedure, apply to a sentencing proceeding that commences
	before, on, or after the effective date of this Act.
	SECTION 23.  The change in law made by this Act to Article
	45.045, Code of Criminal Procedure, applies only to a capias pro
	fine issued on or after the effective date of this Act. A capias pro
	fine issued before the effective date of this Act is governed by the
	law in effect on the date the capias pro fine was issued, and the
	former law is continued in effect for that purpose.
	SECTION 24.  The change in law made by this Act to Article
	45.048, Code of Criminal Procedure, applies to a defendant who is
	placed in jail on or after the effective date of this Act for
	failure to pay the fine and costs imposed on conviction of an
	offense, regardless of whether the offense of which the defendant
	was convicted was committed before, on, or after the effective date
	of this Act.
	SECTION 25.  The changes in law made by this Act to Article
	102.011, Code of Criminal Procedure, and Section 102.021,
	Government Code, apply only to a fee imposed for an arrest warrant,
	capias, or capias pro fine issued on or after the effective date of
	this Act. A fee imposed for an arrest warrant, capias, or capias
	pro fine issued before the effective date of this Act is governed by
	the law in effect on the date the arrest warrant, capias, or capias
	pro fine was issued, and the former law is continued in effect for
	that purpose.
	SECTION 26.  The repeal by this Act of Section 133.103, Local
	Government Code, does not apply to an offense committed before the
	effective date of this Act. An offense committed before the
	effective date of this Act is governed by the law as it existed on
	the date the offense was committed, and the former law is continued
	in effect for that purpose. For purposes of this section, an
	offense was committed before the effective date of this Act if any
	element of the offense occurred before that date.
	SECTION 27.  This Act takes effect September 1, 2017.