S.B. No. 1913         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 regular [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,   during or immediately after imposing a sentence in a case in which   the defendant entered a plea in open court as provided by Article   27.13, 27.14(a), or 27.16(a), a court shall inquire whether the   defendant has sufficient resources or income to immediately pay all   or part of the fine and costs. If the court determines that the   defendant does not have sufficient resources or income to   immediately pay all or part of the fine and costs, the court shall   determine whether the fine and costs should be:                (1)  subject to Subsection (c), required to be paid at   some later date or in a specified portion at designated intervals;                (2)  discharged by performing community service under,   as applicable, Article 43.09(f), Article 45.049, Article 45.0492,   as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,   Regular Session, 2011, or Article 45.0492, as added by Chapter 777   (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011;                (3)  waived in full or in part under Article 43.091 or   45.0491; or                (4)  satisfied through any combination of methods under   Subdivisions (1)-(3).          (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 determines that the capias pro fine should be issued.          (a-2)  The court shall recall a capias pro fine if, before   the capias pro fine is executed:                (1)  the defendant voluntarily appears to resolve the   amount owed; and                (2)  the amount owed is resolved in any manner   authorized by this code.          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; and                (3)  the date by which the defendant must submit to the   court documentation verifying the defendant's completion of the   community service.          (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; or                      (C)  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   CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A court may waive   payment of all or part of a fine or costs [cost] imposed on a   defendant [who defaults in payment] if the court determines that:                (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                (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 at the initial court setting,   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   regular mail to the defendant notice that includes:                      (A)  a date and time, occurring within the 30-day   period following the date that notice is provided, when the   defendant must 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 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 the date and time   included 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 and makes a good faith effort 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. (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 unless:                (1)  the defendant fails to appear in accordance with   this code with respect to the applicable offense; and                (2)  the justice or judge determines that:                      (A)  the defendant has sufficient resources or   income to give a bail bond; and                      (B)  a bail bond is necessary to secure the   defendant's appearance in accordance with this code.          (c)  If before the expiration of a 48-hour period following   the issuance of the applicable order a defendant described by   Subsections (b)(1) and (2) does not give a required bail bond, the   justice or judge:                (1)  shall reconsider the requirement for the defendant   to give the bail bond and presume that the defendant does not have   sufficient resources or income to give the bond; and                (2)  may require the defendant to give a personal bond.          (d)  If the defendant refuses to give a personal bond or,   except as provided by Subsection (c), refuses or otherwise fails to   give a bail bond, the defendant may be held in custody.          SECTION 10.  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,   during or immediately after imposing a sentence in a case in which   the defendant entered a plea in open court as provided by Article   27.14(a) or 27.16(a), the justice or judge shall inquire whether   the defendant has sufficient resources or income to immediately pay   all or part of the fine and costs. If the justice or judge   determines that the defendant does not have sufficient resources or   income to immediately pay all or part of the fine and costs, the   justice or judge shall determine whether the fine and costs should   be:                (1)  subject to Subsection (b-2), required to be paid   at some later date or in a specified portion at designated   intervals;                (2)  discharged by performing community service under,   as applicable, Article 45.049, Article 45.0492, as added by Chapter   227 (H.B. 350), Acts of the 82nd Legislature, Regular Session,   2011, or Article 45.0492, as added by Chapter 777 (H.B. 1964), Acts   of the 82nd Legislature, Regular Session, 2011;                (3)  waived in full or in part under Article 45.0491; or                (4)  satisfied through any combination of methods under   Subdivisions (1)-(3).          (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 11.  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 12.  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 determines that the capias pro fine should be issued.          (a-3)  The court shall recall a capias pro fine if, before   the capias pro fine is executed:                (1)  the defendant voluntarily appears to resolve the   amount owed; and                (2)  the amount owed is resolved in any manner   authorized by this chapter.          SECTION 13.  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 14.  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 15.  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:                (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 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; or                      (C)  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 16.  Article 45.0491, Code of Criminal Procedure, is   amended to read as follows:          Art. 45.0491.  WAIVER OF PAYMENT OF FINES 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 that:                (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                (2)  discharging the fine or [and] costs under Article   45.049 or as otherwise authorized by this chapter would impose an   undue hardship on the defendant.          (b)  A defendant is presumed to be indigent or to not have   sufficient resources or income to pay all or part of the fine or   costs if the defendant:                (1)  is in the conservatorship of the Department of   Family and Protective Services, or was in the conservatorship of   that department at the time of the offense; or                (2)  is designated as a homeless child or youth or an   unaccompanied youth, as those terms are defined by 42 U.S.C.   Section 11434a, or was so designated at the time of the offense.          SECTION 17.  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 18.  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:                (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 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; or                      (C)  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 19.  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 (c), (d),   (e), and (f) and adding Subsections (d-1) and (h) to read as   follows:          (c)  In the justice's or judge's order requiring a defendant   to perform community service under this article, the justice or   judge shall specify:                (1)  the number of hours of community service the   defendant is required to perform, [and may] not to exceed [order   more than] 200 hours; and                (2)  the date by which the defendant must submit to the   court documentation verifying the defendant's completion of the   community service.          (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; or                      (C)  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 20.  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 [bail bond or an appearance] bond   given for the charge.          SECTION 21.  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 [bail bond or appearance] bond given for the   charge.          SECTION 22.  Article 103.0031(j), Code of Criminal   Procedure, is amended to read as follows:          (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)  a statement that, if the person is unable to pay   the full amount of payment that is acceptable to the court, the   person should contact the court regarding the alternatives to full   payment that are available to resolve the case.          SECTION 23.  Section 502.010, Transportation Code, is   amended by amending Subsections (a) and (c) 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).          (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)  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 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 24.  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 25.  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 motion of 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 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 motion of 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   political subdivision's records retention policy.          SECTION 26.  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 for which   the person failed to appear;                (2)  the charges on which the person failed to appear   were dismissed with prejudice by motion of 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)  If the court having jurisdiction over the underlying   offense makes a finding that the person is indigent, the person may   not be required to pay an administrative fee under this section.     For purposes of this subsection, a person is presumed to be indigent   if the person:                (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 27.  Article 45.0492(e), Code of Criminal Procedure,   as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,   Regular Session, 2011, is repealed.          SECTION 28.  The changes in law made by this Act to Articles   14.06 and 27.14, 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 29.  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 30.  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 31.  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 32.  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 for which the defendant   was convicted was committed before, on, or after the effective date   of this Act.          SECTION 33.  This Act takes effect September 1, 2017.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1913 passed the Senate on   May 3, 2017, by the following vote:  Yeas 25, Nays 6;   May 25, 2017, Senate refused to concur in House amendments and   requested appointment of Conference Committee; May 26, 2017, House   granted request of the Senate; May 28, 2017, Senate adopted   Conference Committee Report by the following vote:  Yeas 26,   Nays 5.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1913 passed the House, with   amendments, on May 23, 2017, by the following vote:  Yeas 75,   Nays 70, two present not voting; May 26, 2017, House granted   request of the Senate for appointment of Conference Committee;   May 28, 2017, House adopted Conference Committee Report by the   following vote:  Yeas 77, Nays 70, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________               Date       ______________________________              Governor