85R12037 MAW-D
 
  By: White H.B. No. 3070
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the payment of certain costs, fines, fees, or
  restitution by a defendant placed on community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42A.701, Code of Criminal Procedure, is
  amended by adding Subsection (e-1) to read as follows:
         (e-1)  Notwithstanding Subsection (e), on the expiration of
  the period of community supervision of a defendant who has
  satisfactorily fulfilled the conditions of community supervision,
  other than a condition requiring the defendant to pay costs, fines,
  fees, or restitution, the judge shall discharge the defendant if:
               (1)  the defendant has agreed to pay any unpaid amount
  under a payment plan entered into under Section 76.019, Government
  Code; and
               (2)  the defendant provides appropriate documentation
  of the plan to the judge.
         SECTION 2.  Chapter 76, Government Code, is amended by
  adding Section 76.019 to read as follows:
         Sec. 76.019.  PAYMENT PLAN. (a) A department shall
  establish policies and procedures to authorize a defendant who has
  fulfilled all programmatic requirements of the defendant's
  community supervision but has not paid all of the supervision fees
  owed to the department or any costs, fines, fees, or restitution
  ordered as a condition of community supervision, to pay the unpaid
  amount under a payment plan.
         (b)  A payment plan under Subsection (a) must provide that
  the defendant:
               (1)  promises to pay the unpaid amount as specified by
  the plan; and
               (2)  is required to make payments under the plan after
  the date on which the defendant is discharged under Article
  42A.701(e-1), Code of Criminal Procedure.
         SECTION 3.  Not later than February 1, 2018, each community
  supervision and corrections department shall adopt policies and
  procedures required by Section 76.019, Government Code, as added by
  this Act.
         SECTION 4.  This Act takes effect September 1, 2017.