H.R. No. 2605       R E S O L U T I O N          BE IT RESOLVED by the House of Representatives of the State of   Texas, 85th Legislature, Regular Session, 2017, That House Rule 13,   Section 9(a), be suspended in part as provided by House Rule 13,   Section 9(f), to enable the conference committee appointed to   resolve the differences on Senate Bill 1913 (the administrative,   civil, and criminal consequences, including fines, fees, and costs,   imposed on persons arrested for, charged with, or convicted of   certain criminal offenses) to consider and take action on the   following matters:          (1)  House Rule 13, Sections 9(a)(1) and (2), are suspended   to permit the committee to amend and omit text not in disagreement   in SECTION 5 of the bill, in added Articles 43.05(a-1) and (a-2),   Code of Criminal Procedure, 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.          Explanation: This change is necessary to clarify the   circumstances in which a court may issue or shall recall a capias   pro fine.          (2)  House Rule 13, Section 9(a)(2), is suspended to permit   the committee to omit text not in disagreement in SECTION 7 of the   bill, in amended Article 43.091, Code of Criminal Procedure, 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.          Explanation: This change is necessary to remove unnecessary   and duplicative language.          (3)  House Rule 13, Sections 9(a)(1) and (2), are suspended   to permit the committee to amend and omit text not in disagreement   in SECTION 8 of the bill, in added Article 45.014(e), Code of   Criminal Procedure, 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.          Explanation: This change is necessary to clarify and simplify   the limitation on a justice or judge's authority to issue an arrest   warrant for a defendant's failure to appear.          (4)  House Rule 13, Section 9(a)(1), is suspended to permit   the committee to amend text not in disagreement in SECTION 9 of the   bill, in added Article 45.016(b), Code of Criminal Procedure, to   read as follows:          (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.          Explanation: This change is necessary to clarify the   circumstances in which a justice or judge may require a defendant to   give a bail bond in a criminal case based on an offense punishable   by fine only.          (5)  House Rule 13, Sections 9(a)(1) and (2), are suspended   to permit the committee to amend and omit text not in disagreement   in SECTION 12 of the bill, in added Articles 45.045(a-2) and (a-3),   Code of Criminal Procedure, 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.          Explanation: This change is necessary to clarify the   circumstances in which a court may issue or shall recall a capias   pro fine.          (6)  House Rule 13, Section 9(a)(2), is suspended to permit   the committee to omit text not in disagreement in SECTION 16 of the   bill, in amended Article 45.0491(a), Code of Criminal Procedure, to   read as follows:          (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.          Explanation: This change is necessary to remove unnecessary   and duplicative language.          (7)  House Rule 13, Section 9(a)(3), is suspended to permit   the committee to add text on a matter which is not in disagreement   by adding SECTIONS 20 and 21 to the bill, amending Articles   45.051(a) and 45.0511(t), Code of Criminal Procedure, to read as   follows:          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.          Explanation: The addition of text is a technical change   necessary to conform to the changes made in SECTION 9 of the bill,   in added Article 45.016(b), Code of Criminal Procedure.          (8)  House Rule 13, Section 9(a)(1), is suspended to permit   the committee to amend text not in disagreement in SECTION 31 of the   bill, in the transition language, to read as follows:          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.          Explanation: This change is necessary to properly implement   the addition of SECTIONS 20 and 21 to the bill.     Thompson of Harris     ______________________________   Speaker of the House                 I certify that H.R. No. 2605 was adopted by the House on May   28, 2017, by the following vote:  Yeas 90, Nays 57, 1 present, not   voting.     ______________________________   Chief Clerk of the House