S.B. No. 395
 
 
 
 
AN ACT
  relating to fines and court costs imposed on a child in a criminal
  case.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.15, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsections (d), (e),
  and (f) to read as follows:
         (b)  Subject to Subsections [Subsection] (c) and (d), when
  imposing a fine and costs, a court may direct a defendant:
               (1)  to pay the entire fine and costs when sentence is
  pronounced;
               (2)  to pay the entire fine and costs at some later
  date; or
               (3)  to pay a specified portion of the fine and costs at
  designated intervals.
         (d)  A judge may allow a defendant who is a child, as defined
  by Article 45.058(h), to elect at the time of conviction, as defined
  by Section 133.101, Local Government Code, to discharge the fine
  and costs by:
               (1)  performing community service or receiving
  tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350),
  Acts of the 82nd Legislature, Regular Session, 2011; or
               (2)  paying the fine and costs in a manner described by
  Subsection (b).
         (e)  The election under Subsection (d) must be made in
  writing, signed by the defendant, and, if present, signed by the
  defendant's parent, guardian, or managing conservator.  The court
  shall maintain the written election as a record of the court and
  provide a copy to the defendant.
         (f)  The requirement under Article 45.0492(a), as added by
  Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
  Session, 2011, that an offense occur in a building or on the grounds
  of the primary or secondary school at which the defendant was
  enrolled at the time of the offense does not apply to the
  performance of community service or the receipt of tutoring to
  discharge a fine or costs under Subsection (d)(1).
         SECTION 2.  Article 43.091, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 43.091.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
  INDIGENT DEFENDANTS AND CHILDREN.  A court may waive payment of a
  fine or cost imposed on a defendant who defaults in payment if the
  court determines that:
               (1)  the defendant is indigent 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.
         SECTION 3.  Article 45.041, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsections (b-3),
  (b-4), and (b-5) to read as follows:
         (b)  Subject to Subsections [Subsection] (b-2) and (b-3),
  the justice or judge may direct the defendant:
               (1)  to pay:
                     (A)  the entire fine and costs when sentence is
  pronounced;
                     (B)  the entire fine and costs at some later date;
  or
                     (C)  a specified portion of the fine and costs at
  designated intervals;
               (2)  if applicable, to make restitution to any victim
  of the offense; and
               (3)  to satisfy any other sanction authorized by law.
         (b-3)  A judge may allow a defendant who is a child, as
  defined by Article 45.058(h), to elect at the time of conviction, as
  defined by Section 133.101, Local Government Code, to discharge the
  fine and costs by:
               (1)  performing community service or receiving
  tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350),
  Acts of the 82nd Legislature, Regular Session, 2011; or
               (2)  paying the fine and costs in a manner described by
  Subsection (b).
         (b-4)  The election under Subsection (b-3) must be made in
  writing, signed by the defendant, and, if present, signed by the
  defendant's parent, guardian, or managing conservator.  The court
  shall maintain the written election as a record of the court and
  provide a copy to the defendant.
         (b-5)  The requirement under Article 45.0492(a), as added by
  Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
  Session, 2011, that an offense occur in a building or on the grounds
  of the primary or secondary school at which the defendant was
  enrolled at the time of the offense does not apply to the
  performance of community service or the receipt of tutoring to
  discharge a fine or costs under Subsection (b-3)(1).
         SECTION 4.  Article 45.0491, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.0491.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
  INDIGENT DEFENDANTS AND CHILDREN.  A municipal court, regardless of
  whether the court is a court of record, or a justice court may waive
  payment of a fine or costs imposed on a defendant who defaults in
  payment if the court determines that:
               (1)  the defendant is indigent or was, at the time the
  offense was committed, a child as defined by Article 45.058(h); and
               (2)  discharging the fine and costs under Article
  45.049 or as otherwise authorized by this chapter would impose an
  undue hardship on the defendant.
         SECTION 5.  (a)  Articles 42.15 and 45.041, Code of Criminal
  Procedure, as amended by this Act, apply only to a sentencing
  proceeding that commences on or after the effective date of this
  Act.
         (b)  Articles 43.091 and 45.0491, Code of Criminal
  Procedure, as amended by this Act, apply to a sentencing proceeding
  that commences before, on, or after the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 395 passed the Senate on
  March 27, 2013, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 395 passed the House on
  May 16, 2013, by the following vote:  Yeas 76, Nays 67, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor