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.