S.B. No. 1373 AN ACT relating to the imposition and collection of fines, fees, and court costs in criminal cases. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 42.15(a-1), Code of Criminal Procedure, is amended 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 on the record 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). SECTION 2. Article 43.015(3), Code of Criminal Procedure, is amended to read as follows: (3) "Cost" includes any fee, including a reimbursement fee, imposed on a defendant by the court [at the time a judgment is entered]. SECTION 3. Article 45.004, Code of Criminal Procedure, is amended to read as follows: Art. 45.004. GENERAL DEFINITION. Unless the context clearly indicates otherwise, in [In] this chapter, "cost" includes any fee, including a reimbursement fee, imposed on a defendant by the justice or judge [at the time a judgment is entered]. SECTION 4. Article 103.0081, Code of Criminal Procedure, is amended to read as follows: Art. 103.0081. UNCOLLECTIBLE FINES AND FEES. (a) Any officer authorized by this chapter to collect a fine, reimbursement or other fee, or item of cost may request the trial court in which a criminal action or proceeding was held to make a finding that a fine, reimbursement or other fee, or item of cost imposed in the action or proceeding is uncollectible if the officer believes: (1) the defendant is deceased; (2) the defendant is serving a sentence for imprisonment for life or life without parole; or (3) the fine, reimbursement or other fee, or item of cost has been unpaid for at least 15 years. (b) On a finding by a court that any condition described by Subsection (a) [Subsections (a)(1)-(3)] is true, the court may order the officer to designate the fine, reimbursement or other fee, or item of cost as uncollectible in the fee record. The officer shall attach a copy of the court's order to the fee record. SECTION 5. The changes in law made by this Act apply to a fine, fee, or cost imposed before, on, or after the effective date of this Act. SECTION 6. This Act takes effect September 1, 2021. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1373 passed the Senate on April 28, 2021, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1373 passed the House on May 8, 2021, by the following vote: Yeas 129, Nays 8, one present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor