88R16249 AJZ-D By: West S.B. No. 2400 A BILL TO BE ENTITLED AN ACT relating to collection of certain fines assessed for traffic offenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 45, Code of Criminal Procedure, is amended by adding Subchapter E to read as follows: SUBCHAPTER E. TRAFFIC FINE PROGRAMS OF JUSTICE AND MUNICIPAL COURTS Art. 45.301. GENERAL PROVISIONS FOR TRAFFIC FINE PROGRAMS. (a) A notice to appear issued for a traffic offense, including an offense under Section 521.457, Transportation Code, must inform the defendant charged with the offense that: (1) the person may be eligible for a reduction of the amount of the person's unpaid fines for traffic offenses under a program available under this subchapter; and (2) if the notice to appear is issued for an offense under Section 521.457, Transportation Code, and the person's license was suspended because of nonpayment of fines for traffic offenses, the person may be eligible for a program established under this subchapter to address the previous unpaid fines. (b) Each justice and municipal court shall, on the court's publicly accessible Internet website: (1) post information about the programs available under this subchapter; and (2) post a statement that individuals who have a suspended license due to unpaid fines for traffic offenses may be eligible for the programs established under this subchapter. (c) Each justice and municipal court may provide a written notification by mail to a person who is issued a notice to appear for a violation of Section 521.457, Transportation Code, that notifies the person that if the person's license was suspended because of nonpayment of fines for traffic offenses, the person may be eligible for a program under this subchapter to address those previous unpaid fines. (d) The Office of Court Administration of the Texas Judicial System shall adopt the forms necessary for each program under this subchapter. Art. 45.302. AMNESTY PROGRAM. (a) This article applies only to a fine for a traffic offense that: (1) was issued before September 1, 2021; and (2) remains unpaid on or after September 1, 2023. (b) Each justice and municipal court shall establish an amnesty program available to any person who owes a total of more than $200 of unpaid fines described by Subsection (a) and applies to participate in the program. The program must allow a person to apply for participation in the program on the Internet or by mail. For a person who applies to an amnesty program under this article, the justice or municipal court shall reduce the total amount of the person's unpaid fines owed to $200. (c) A justice or municipal court shall charge a $100 administrative fee for participation in the program. The administrative fee must be credited toward the amount of an unpaid fine described by Subsection (b). (d) The justice or municipal court shall allow a person who participates in an amnesty program under this article and has three or more unpaid fines described by Subsection (a) to pay the reduced fines over a period of not less than 12 months beginning on the date the fines are reduced under this article. (e) A fine collected under this article shall be deposited in the same manner as the original fine. (f) Unless authorized by the justice or municipal court, a person may no longer participate in an amnesty program under this article if the person enters into a payment plan with the justice or municipal court and misses two or more consecutive payments in the plan. (g) The justice or municipal court shall notify the Department of Public Safety on a person's successful completion of the amnesty program. (h) This article expires September 1, 2024. Art. 45.303. INDIGENCY PROGRAM. (a) This article applies only to a fine for a traffic offense that remains unpaid on or after the second anniversary of the date of issuance. (b) Each justice and municipal court shall establish an indigency program through which the justice or municipal court shall reduce all fines described by Subsection (a), or penalties for nonpayment of such fines, if a person who owes a fine described by Subsection (a) establishes that the person is indigent. The program must allow a person to apply for participation in the program on the Internet or by mail. (c) For a person who applies to an indigency program under this article, a justice or municipal court shall reduce the total amount of the person's unpaid fines owed to the lesser of: (1) 50 percent of the total unpaid fine amount for two or fewer unpaid fines; (2) $100 per fine for three or more unpaid fines; or (3) an amount determined by the court under Article 45.0445. (d) To establish indigency for purposes of Subsection (b), a person must provide to the justice or municipal court: (1) documentation described by Section 709.001(d), Transportation Code; or (2) a sworn affidavit confirming 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. (e) A fine collected under this article shall be deposited in the same manner as the original fine. (f) Unless authorized by the justice or municipal court, a person may no longer participate in an indigency program under this article if the person enters into a payment plan with the justice or municipal court and misses two or more consecutive payments in the plan. (g) The justice or municipal court shall notify the Department of Public Safety on a person's successful completion of the indigency program. Art. 45.304. INCENTIVE PROGRAM. (a) This article applies only to a fine for a traffic offense that remains unpaid on or after the second anniversary of the date of issuance. (b) Each justice and municipal court shall establish an incentive program through which the justice or municipal court shall reduce the amount of an unpaid fine described by Subsection (a) if a person establishes that the person's income or the person's household income is less than 300 percent of the applicable income level established by the federal poverty guidelines. For a person who is eligible for the incentive program under this article, the justice or municipal court shall reduce the amount of the person's unpaid fines to a total of $200 for two or fewer unpaid fines or not more than $100 per fine for three or more unpaid fines. The program must allow a person to apply for participation in the program on the Internet or by mail. (c) A person must provide information to the justice or municipal court to establish that the person qualifies for the incentive program under this article. The following documentation may be used as proof that the person qualifies to participate in the incentive program: (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 is less than 300 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 is less than 300 percent of the applicable income level established by the federal poverty guidelines; or (3) a sworn affidavit confirming that the person's income or the person's household income is less than 300 percent of the applicable income level established by the federal poverty guidelines. (d) Except as otherwise provided by Subsection (e), a person who participates in the incentive program under this article must pay the reduced amount of a traffic fine not later than the 180th day after the date the amount of the traffic fine is reduced under the program. (e) For a person who participates in the incentive program under this article and has three or more unpaid fines described by Subsection (a), the justice or municipal court shall allow the person to pay the reduced fines over a period of not less than 12 months beginning on the date the fine is reduced under this article. (f) A fine collected under this article shall be deposited in the same manner as the original fine. (g) Unless authorized by the justice or municipal court, a person may no longer participate in an incentive program under this article if the person enters into a payment plan with the justice or municipal court and misses two or more consecutive payments in the plan. (h) The justice or municipal court shall notify the Department of Public Safety on a person's successful completion of the incentive program. SECTION 2. Section 502.010, Transportation Code, is amended by adding Subsection (a-1) to read as follows: (a-1) If a county assessor-collector or the department, as applicable, refuses to register a motor vehicle under Subsection (a) solely because the owner of the vehicle has unpaid fines to which Subchapter E, Chapter 45, Code of Criminal Procedure, applies, the county assessor-collector shall notify the person that the person may be eligible for a reduction in the amount of those unpaid fines under a program established under Subchapter E, Chapter 45, Code of Criminal Procedure. SECTION 3. Not later than January 1, 2024, each justice and municipal court shall establish: (1) an amnesty program, as required by Article 45.302, Code of Criminal Procedure, as added by this Act; (2) an indigency program, as required by Article 45.303, Code of Criminal Procedure, as added by this Act; and (3) an incentive program, as required by Article 45.304, Code of Criminal Procedure, as added by this Act. SECTION 4. This Act takes effect September 1, 2023.