H.B. No. 1964
 
 
 
 
AN ACT
  relating to certain court orders against, and to discharging
  through community service fines and costs assessed against, certain
  juvenile defendants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 45, Code of Criminal
  Procedure, is amended by adding Article 45.0492 to read as follows:
         Art. 45.0492.  COMMUNITY SERVICE IN SATISFACTION OF FINE OR
  COSTS FOR CERTAIN JUVENILE DEFENDANTS. (a) This article applies
  only to a defendant younger than 17 years of age who is assessed a
  fine or costs for a Class C misdemeanor.
         (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. A defendant may discharge an
  obligation to perform community service 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 community service under this article, the justice or
  judge shall specify the number of hours of service the defendant is
  required to perform and may not order more than 200 hours of
  service.
         (d)  The justice or judge may order the defendant to perform
  community service work under this article only for a governmental
  entity or a nonprofit organization that provides services to the
  general public that enhance social welfare and the general
  well-being of the community. A governmental entity or nonprofit
  organization that accepts a defendant under this article to perform
  community service must agree to supervise the defendant in the
  performance of the defendant's work and report on the defendant's
  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 additional
  hours of work does not 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 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.
         (g)  A local juvenile probation department or a
  court-related services office may provide the administrative and
  other services necessary for supervision of a defendant required to
  perform community service under this article.
         SECTION 2.  Article 45.051(a-1), Code of Criminal Procedure,
  is amended to read as follows:
         (a-1)  Notwithstanding any other provision of law, as an
  alternative to requiring a defendant charged with one or more
  offenses to make payment of all court costs as required by
  Subsection (a), the judge may:
               (1)  allow the defendant to enter into an agreement for
  payment of those costs in installments during the defendant's
  period of probation;
               (2)  require an eligible defendant to discharge all or
  part of those costs by performing community service under Article
  45.049 or 45.0492; or
               (3)  take any combination of actions authorized by
  Subdivision (1) or (2).
         SECTION 3.  Article 45.057(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  On a finding by a justice or municipal court that a child
  committed an offense that the court has jurisdiction of under
  Article 4.11 or 4.14, the court has jurisdiction to enter an order:
               (1)  referring the child or the child's parent for
  services under Section 264.302, Family Code;
               (2)  requiring that the child attend a special program
  that the court determines to be in the best interest of the child
  and, if the program involves the expenditure of municipal or county
  funds, that is approved by the governing body of the municipality or
  county commissioners court, as applicable, including a
  rehabilitation, counseling, self-esteem and leadership, work and
  job skills training, job interviewing and work preparation,
  self-improvement, parenting, manners, violence avoidance,
  tutoring, sensitivity training, parental responsibility, community
  service, restitution, advocacy, or mentoring program; or
               (3)  requiring that the child's parent do any act or
  refrain from doing any act that the court determines will increase
  the likelihood that the child will comply with the orders of the
  court and that is reasonable and necessary for the welfare of the
  child, including:
                     (A)  attend a parenting class or parental
  responsibility program; and
                     (B)  attend the child's school classes or
  functions.
         SECTION 4.  The changes in law made by this Act apply only to
  an offense committed or conduct that occurs on or after the
  effective date of this Act. An offense committed or conduct that
  occurs before the effective date of this Act is governed by the law
  in effect when the offense was committed or the conduct occurred,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense is committed or conduct occurs
  before the effective date of this Act if any element of the offense
  or conduct occurs before the effective date.
         SECTION 5.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1964 was passed by the House on April
  20, 2011, by the following vote:  Yeas 139, Nays 5, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1964 on May 24, 2011, by the following vote:  Yeas 144, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1964 was passed by the Senate, with
  amendments, on May 21, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor