Texas Register, Volume 38, Number 30, Pages 4691-4820, July 26, 2013 Page: 4,773
4691-4820 p. ; 28 cm.View a full description of this periodical.
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court of record, or a justice court may waive payment of a fine or cost
imposed on a defendant who defaults in payment if the court deter-
mines that the defendant is indigent or was, at the time the offense was
committed, a child as defined by Article 45.058(h); and discharging
the fine or cost under Article 45.049 or as otherwise authorized by this
chapter would impose an undue hardship on the defendant.
Senate Bill 462
Specialty Court Programs
Effective September 1, 2013. Senate Bill 462 relates to specialty court
programs in this state.
The bill amends Government Code, 102.021, by requiring a person
convicted of an offense to pay under the Code of Criminal Procedure,
in addition to all other costs: costs attendant to convictions under Pe-
nal Code, Chapter 49, and under Health and Safety Code, Chapter 481,
to help fund drug court programs established under Government Code,
Chapters 122, 123, 124, or 125, or former law (Code of Criminal Pro-
cedure, Art. 102.0178), $60.
The bill amends Government Code, Chapter 103, Subchapter B, by
adding 103.0271, to require fees and costs to be paid or collected un-
der the Government Code as follows: (1) a program fee for a drug
court program (Government Code, 123.004) not to exceed $1,000;
an alcohol or controlled substance testing, counseling, and treatment
fee (Government Code, 123.004) the amount necessary to cover the
costs of testing, counseling, and treatment; a reasonable program fee
for a veterans court program (Government Code, 124.005) not to ex-
ceed $1,000; and a testing, counseling, and treatment fee for testing,
counseling, or treatment performed or provided under a veterans court
program (Government Code, 124.005) the amount necessary to cover
the costs of testing, counseling, or treatment.
The bill amends Government Code, Chapter 103, Subchapter B, by
adding 103.0292, to require a nonrefundable program fee for a first
offender prostitution prevention program established under Health and
Safety Code, 169.002, to be collected under Health and Safety Code,
169.005, in a reasonable amount not to exceed $1,000, which in-
cludes; (1) a counseling and services fee in an amount necessary to
cover the cost of counseling and services provided by the program; (2)
a victim services fee in an amount equal to 10% of the total fee; and
(3) a law enforcement training fee in an amount equal to 5.0% of the
total fee.
Senate Bill 484
Prostitution Prevention Program
Effective September 1, 2013. Senate Bill 484 relates to the creation of
a prostitution prevention program; authorizing a fee.
The bill amends Health and Safety Code, Title 2, Subtitle H, by adding
169A.005, to allow a prostitution prevention program established un-
der this chapter to collect from a participant in the program a nonre-
fundable program fee in a reasonable amount not to exceed $1,000,
from which the following must be paid: (1) a counseling and services
fee in an amount necessary to cover the costs of the counseling and ser-
vices provided by the program; (2) a victim services fee in an amount
equal to 10% of the amount paid under subdivision (1), to be deposited
to the credit of the general revenue fund to be appropriated only to
cover costs associated with the grant program described by Govern-
ment Code, 531.383; and (3) a law enforcement training fee, in an
amount equal to 5.0% of the total amount paid under subdivision (1),
to be deposited to the credit of the treasury of the county or munici-
pality that established the program to cover costs associated with the
provision of training to law enforcement personnel on domestic vio-
lence, prostitution, and the trafficking of persons. Fees collected underthis section may be paid on a periodic basis or on a deferred payment
schedule at the discretion of the judge, magistrate, or program direc-
tor administering the prostitution prevention program. The fee must be
based on the participant's ability to pay.
The bill amends Government Code, Chapter 103, Subchapter B, by
adding 103.0292, to establish a nonrefundable program fee for a pros-
titution prevention program established under Health and Safety Code,
169A.002, to be collected under Health and Safety Code, 169A.005,
in a reasonable amount based on the defendant's ability to pay and not
to exceed $1,000, which includes a counseling and services fee in an
amount necessary to cover the costs of counseling and services pro-
vided by the program; a victim services fee in an amount equal to 10%
of the total fee; and a law enforcement training fee in an amount equal
to 5.0% of the total fee.
Senate Bill 967
Collection Improvement Program
Effective immediately. Senate Bill 967 relates to the authority of a
municipality or county to retain certain fees.
The bill amends Local Government Code, 133.058(e), prohibiting a
municipality or county from retaining a service fee if, during an au-
dit under Article 103.0033(j) (relating to requiring the Office of Court
Administration of the Texas Judicial System (OCA) to audit coun-
ties and municipalities regarding the collection improvement program),
Code of Criminal Procedure, OCA determines that the municipality
or county is not in compliance with Article 103.0033 (Collection Im-
provement Program), Code of Criminal Procedure, and the municipal-
ity or county is unable to reestablish compliance on or before the 180th
day after the date the municipality or county receives written notice of
noncompliance from OCA.
Senate Bill 1096
Community Supervision
Effective September 1, 2013. Senate Bill 1096 relates to the monthly
fee a defendant must pay during a period of community supervision.
The bill amends Code of Criminal Procedure, Article 42.12, by adding
subsection (a-1), prohibiting a judge from requiring a defendant to pay
the fee under subsection (a) for any month after the period of commu-
nity supervision has been terminated by the judge under Section 20.
Senate Bill 1237
Alternative Dispute Resolution
Effective September 1, 2013. Senate Bill 1237 relates to referral of dis-
putes for alternative dispute resolution, including victim-directed refer-
rals; authorizing a fee.
The bill amends Civil Practice and Remedies Code, Chapter 152, by
adding 152.007, authorizing an entity that provides services for the
resolution of criminal disputes under this chapter to collect a reasonable
fee set by the commissioners court from a person who receives the
services, not to exceed $350, except that a fee may not be collected
from an alleged victim of the crime. Fees collected under this section
may be paid on a periodic basis or on a deferred payment schedule at the
discretion of the judge, magistrate, or program director administering
the pretrial victim-offender mediation program. The fees must be based
on the defendant's ability to pay.
Senate Bill 1419
Truancy Prevention and Diversion FundIN ADDITION July 26, 2013 38 TexReg 4773
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Texas. Secretary of State. Texas Register, Volume 38, Number 30, Pages 4691-4820, July 26, 2013, periodical, July 26, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326804/m1/83/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.