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  By: Zaffirini  S.B. No. 1913
         (In the Senate - Filed March 10, 2017; March 23, 2017, read
  first time and referred to Committee on Criminal Justice;
  April 24, 2017, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; April 24, 2017,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1913 By:  Burton
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the administrative, civil, and criminal consequences,
  including fines, fees, and costs, imposed on persons arrested for,
  charged with, or convicted of certain criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 14.06(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  A peace officer who is charging a person, including a
  child, with committing an offense that is a Class C misdemeanor,
  other than an offense under Section 49.02, Penal Code, may, instead
  of taking the person before a magistrate, issue a citation to the
  person that contains:
               (1)  written notice of the time and place the person
  must appear before a magistrate;
               (2)  [,] the name and address of the person charged;
               (3)  [,] the offense charged;
               (4)  information regarding the alternatives to the full
  payment of any fine or costs assessed against the person, if the
  person is convicted of the offense and is unable to pay that
  amount;[,] and
               (5)  the following admonishment, in boldfaced or
  underlined type or in capital letters:
         "If you are convicted of a misdemeanor offense involving
  violence where you are or were a spouse, intimate partner, parent,
  or guardian of the victim or are or were involved in another,
  similar relationship with the victim, it may be unlawful for you to
  possess or purchase a firearm, including a handgun or long gun, or
  ammunition, pursuant to federal law under 18 U.S.C. Section
  922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
  questions whether these laws make it illegal for you to possess or
  purchase a firearm, you should consult an attorney."
         SECTION 2.  Section 4(a), Article 17.42, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  Except as otherwise provided by this subsection, if [If]
  a court releases an accused on personal bond on the recommendation
  of a personal bond office, the court shall assess a personal bond
  fee of $20 or three percent of the amount of the bail fixed for the
  accused, whichever is greater. The court may waive the fee or
  assess a lesser fee if good cause is shown. A court that requires a
  defendant to give a personal bond under Article 45.016 may not
  assess a personal bond fee under this subsection.
         SECTION 3.  Article 27.14(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  A defendant charged with a misdemeanor for which the
  maximum possible punishment is by fine only may, in lieu of the
  method provided in Subsection (a) [of this article], mail or
  deliver in person to the court a plea of "guilty" or a plea of "nolo
  contendere" and a waiver of jury trial. The defendant may also
  request in writing that the court notify the defendant, at the
  address stated in the request, of the amount of an appeal bond that
  the court will approve. If the court receives a plea and waiver
  before the time the defendant is scheduled to appear in court, the
  court shall dispose of the case without requiring a court
  appearance by the defendant. If the court receives a plea and
  waiver after the time the defendant is scheduled to appear in court
  but at least five business days before a scheduled trial date, the
  court shall dispose of the case without requiring a court
  appearance by the defendant. The court shall notify the defendant
  either in person or by certified mail, return receipt requested, of
  the amount of any fine or costs assessed in the case, information
  regarding the alternatives to the full payment of any fine or costs
  assessed against the defendant, if the defendant is unable to pay
  that amount, and, if requested by the defendant, the amount of an
  appeal bond that the court will approve. Except as otherwise
  provided by this code, the [The] defendant shall pay any fine or
  costs assessed or give an appeal bond in the amount stated in the
  notice before the 31st day after receiving the notice.
         SECTION 4.  Article 42.15, Code of Criminal Procedure, is
  amended by adding Subsection (a-1) and amending Subsection (b) to
  read as follows:
         (a-1)  Notwithstanding any other provision of this article,
  at the punishment stage in a case in which the defendant entered a
  plea in open court as provided by Article 27.13, 27.14(a), or
  27.16(a), a court may impose a fine and costs only if the court
  makes a determination that the defendant has sufficient resources
  or income to pay all or part of the fine and costs. In making that
  determination, the court shall consider the defendant's financial
  history and any other information relevant to the defendant's
  ability to pay.
         (b)  Subject to Subsections (c) and (d) and Article 43.091,
  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.
         SECTION 5.  Article 43.05, Code of Criminal Procedure, is
  amended by adding Subsections (a-1) and (a-2) to read as follows:
         (a-1)  A court may not issue a capias pro fine for the
  defendant's failure to satisfy the judgment according to its terms
  unless the court holds a hearing on the defendant's ability to
  satisfy the judgment and:
               (1)  the defendant fails to appear at the hearing; or
               (2)  based on evidence presented at the hearing, the
  court makes a determination that:
                     (A)  the defendant is not indigent and has failed
  to make a good faith effort to discharge the fine or costs; or
                     (B)  the defendant is indigent and:
                           (i)  has failed to make a good faith effort
  to discharge the fine or costs under Article 43.09(f); and
                           (ii)  could have discharged the fine or
  costs under Article 43.09(f) without experiencing any undue
  hardship.
         (a-2)  The court shall recall a capias pro fine if, before
  the capias pro fine is executed, the defendant voluntarily appears
  to resolve the amount owed.
         SECTION 6.  Article 43.09, Code of Criminal Procedure, is
  amended by amending Subsections (a), (g), (h), (j), and (l) and
  adding Subsection (h-1) to read as follows:
         (a)  When a defendant is convicted of a misdemeanor and the
  defendant's [his] punishment is assessed at a pecuniary fine or is
  confined in a jail after conviction of a felony for which a fine is
  imposed, if the defendant [he] is unable to pay the fine and costs
  adjudged against the defendant [him], the defendant [he] may for
  such time as will satisfy the judgment be put to work in the county
  jail industries program, in the workhouse, or on the county farm, or
  public improvements and maintenance projects of the county or a
  political subdivision located in whole or in part in the county, as
  provided in Article 43.10 [the succeeding article]; or if there is
  [be] no such county jail industries program, workhouse, farm, or
  improvements and maintenance projects, the defendant [he] shall be
  confined in jail for a sufficient length of time to discharge the
  full amount of fine and costs adjudged against the defendant [him];
  rating such confinement at $100 [$50] for each day and rating such
  labor at $100 [$50] for each day; provided, however, that the
  defendant may pay the pecuniary fine assessed against the defendant
  [him] at any time while the defendant [he] is serving at work in the
  county jail industries program, in the workhouse, or on the county
  farm, or on the public improvements and maintenance projects of the
  county or a political subdivision located in whole or in part in the
  county, or while the defendant [he] is serving the defendant's
  [his] jail sentence, and in such instances the defendant is [he
  shall be] entitled to the credit [he has] earned under this
  subsection during the time that the defendant [he] has served and
  the defendant [he] shall only be required to pay the [his] balance
  of the pecuniary fine assessed against the defendant [him]. A
  defendant who performs labor under this article during a day in
  which the defendant [he] is confined is entitled to both the credit
  for confinement and the credit for labor provided by this article.
         (g)  In the court's [its] order requiring a defendant to
  perform [participate in] community service [work] under Subsection
  (f) [of this article], the court must specify:
               (1)  the number of hours of community service the
  defendant is required to perform [work]; [and]
               (2)  whether the community supervision and corrections
  department or a court-related services office will perform the
  administrative duties required by the placement of the defendant in
  the community service program; and
               (3)  the date by which the defendant must submit to the
  court documentation verifying the defendant's completion of the
  community service.
         (h)  The court may order the defendant to perform community
  service [work] under Subsection (f):
               (1)  by attending a work and job skills training
  program, preparatory class for the high school equivalency
  examination administered under Section 7.111, Education Code, or
  similar activity; or
               (2)  [of this article only] for:
                     (A)  a governmental entity;
                     (B)  [or] a nonprofit organization or another
  organization that provides services to the general public that
  enhance social welfare and the general well-being of the community,
  as determined by the court;
                     (C)  a religious organization;
                     (D)  a neighborhood association or group; or
                     (E)  an educational institution.
         (h-1)  An [A governmental] entity [or nonprofit
  organization] that accepts a defendant under Subsection (f) [of
  this article] to perform community service must agree to supervise,
  either on-site or remotely, the defendant in the performance of the
  defendant's community service [work] and report on the defendant's
  community service [work] to the district probation department or
  court-related services office.
         (j)  A court may not order a defendant to perform more than 16
  hours per week of community service under Subsection (f) [of this
  article] unless the court determines that requiring the defendant
  to perform [work] additional hours does not impose an undue [work a]
  hardship on the defendant or the defendant's dependents.
         (l)  A sheriff, employee of a sheriff's department, county
  commissioner, county employee, county judge, an employee of a
  community corrections and supervision department, restitution
  center, or officer or employee of a political subdivision other
  than a county or an entity that accepts a defendant under this
  article to perform community service is not liable for damages
  arising from an act or failure to act in connection with manual
  labor performed by an inmate or community service performed by a
  defendant under [pursuant to] this article if the act or failure to
  act:
               (1)  was performed pursuant to confinement or other
  court order; and
               (2)  was not intentional, wilfully or wantonly
  negligent, or performed with conscious indifference or reckless
  disregard for the safety of others.
         SECTION 7.  Article 43.091, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 43.091.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
  CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A court may waive
  payment of all or part of a fine or costs [cost] imposed on a
  defendant [who defaults in payment] if the court determines:
               (1)  that:
                     (A) [(1)]  the defendant is indigent or does not
  have sufficient resources or income to pay all or part of the fine
  or costs or was, at the time the offense was committed, a child as
  defined by Article 45.058(h); and
                     (B) [(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; or
               (2)  that the waiver is in the interest of justice.
         SECTION 8.  Article 45.014, Code of Criminal Procedure, is
  amended by adding Subsections (e), (f), and (g) to read as follows:
         (e)  A justice or judge may not issue an arrest warrant for
  the defendant's failure to appear, including failure to appear as
  required by a citation issued under Article 14.06(b), unless:
               (1)  the justice or judge provides by telephone or
  regular mail to the defendant notice that includes:
                     (A)  a date and time, occurring within the 30-day
  period following the date that notice is provided, when the
  defendant must appear before the justice or judge;
                     (B)  the name and address of the court with
  jurisdiction in the case and a telephone number that the defendant
  may use to request an alternative date or time under Subsection (f);
                     (C)  information regarding alternatives to the
  full payment of any fine or costs owed by the defendant, if the
  defendant is unable to pay that amount; and
                     (D)  an explanation of the consequences if the
  defendant fails to appear before the justice or judge as required by
  this article; and
               (2)  the defendant fails to appear before the justice
  or judge as required by this article.
         (f)  A defendant who receives notice under Subsection (e) may
  request an alternative date or time to appear before the justice or
  judge if the defendant is unable to appear on the date and time
  included in the notice.
         (g)  A justice or judge shall recall an arrest warrant for
  the defendant's failure to appear if the defendant voluntarily
  appears and makes a good faith effort to resolve the arrest warrant
  before the warrant is executed.
         SECTION 9.  Article 45.016, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.016.  PERSONAL BOND; BAIL BOND. (a)  The justice or
  judge may require the defendant to give a personal bond [bail] to
  secure the defendant's appearance in accordance with this code.
         (b)  The justice or judge may not, either instead of or in
  addition to the personal bond, require a defendant to give a bail
  bond, as defined by Article 17.02, or require a surety or other
  security unless:
               (1)  the defendant fails to appear in accordance with
  this code with respect to the applicable offense; and
               (2)  the justice or judge determines that the defendant
  has sufficient resources or income to give a bail bond or that a
  surety or other security is necessary to secure the defendant's
  appearance in accordance with this code.
         (c)  If before the expiration of a 48-hour period following
  the issuance of the applicable order a defendant described by
  Subsections (b)(1) and (2) does not give a required bail bond, the
  justice or judge:
               (1)  shall reconsider the requirement for the defendant
  to give the bail bond and presume that the defendant does not have
  sufficient resources or income to give the bond; and
               (2)  may require the defendant to give a personal bond.
         (d)  If the defendant refuses to give a personal bond or,
  except as provided by Subsection (c), refuses or otherwise fails to
  give a bail bond, the defendant may be held in custody.
         SECTION 10.  Article 45.041, Code of Criminal Procedure, is
  amended by adding Subsection (a-1) and amending Subsection (b) to
  read as follows:
         (a-1)  Notwithstanding any other provision of this article,
  at the punishment stage in a case in which the defendant entered a
  plea in open court as provided by Article 27.14(a) or 27.16(a), the
  justice or judge may impose a fine and costs only if the justice or
  judge makes a determination that the defendant has sufficient
  resources or income to pay all or part of the fine and costs. In
  making that determination, the justice or judge shall consider the
  defendant's financial history and any other information relevant to
  the defendant's ability to pay.
         (b)  Subject to Subsections (b-2) and (b-3) and Article
  45.0491, 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.
         SECTION 11.  Article 45.0425(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  If the court from whose judgment and sentence the appeal
  is taken is in session, the court must approve the bail. The amount
  of an appeal [a bail] bond may not be less than two times the amount
  of the fine and costs adjudged against the defendant, payable to the
  State of Texas. The appeal bond [bail] may not in any case be for an
  amount [a sum] less than $50. If the appeal bond otherwise meets
  the requirements of this code, the court without requiring a court
  appearance by the defendant shall approve the appeal bond in the
  amount the court under Article 27.14(b) notified the defendant
  would be approved.
         SECTION 12.  Article 45.045, Code of Criminal Procedure, is
  amended by adding Subsections (a-2) and (a-3) to read as follows:
         (a-2)  The court may not issue a capias pro fine for the
  defendant's failure to satisfy the judgment according to its terms
  unless the court holds a hearing on the defendant's ability to
  satisfy the judgment and:
               (1)  the defendant fails to appear at the hearing; or
               (2)  based on evidence presented at the hearing, the
  court makes a determination that:
                     (A)  the defendant is not indigent and has failed
  to make a good faith effort to discharge the fine or costs; or
                     (B)  the defendant is indigent and:
                           (i)  has failed to make a good faith effort
  to discharge the fine or costs under Article 45.049; and
                           (ii)  could have discharged the fine or
  costs under Article 45.049 without experiencing any undue hardship.
         (a-3)  The court shall recall a capias pro fine if, before
  the capias pro fine is executed, the defendant voluntarily appears
  to resolve the amount owed.
         SECTION 13.  Article 45.046(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  When a judgment and sentence have been entered against a
  defendant and the defendant defaults in the discharge of the
  judgment, the judge may order the defendant confined in jail until
  discharged by law if the judge at a hearing makes a written
  determination that:
               (1)  the defendant is not indigent and has failed to
  make a good faith effort to discharge the fine or [and] costs; or
               (2)  the defendant is indigent and:
                     (A)  has failed to make a good faith effort to
  discharge the fine or [fines and] costs under Article 45.049; and
                     (B)  could have discharged the fine or [fines and]
  costs under Article 45.049 without experiencing any undue hardship.
         SECTION 14.  Article 45.048, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.048.  DISCHARGED FROM JAIL. (a)  A defendant placed
  in jail on account of failure to pay the fine and costs shall be
  discharged on habeas corpus by showing that the defendant:
               (1)  is too poor to pay the fine and costs; or
               (2)  has remained in jail a sufficient length of time to
  satisfy the fine and costs, at the rate of not less than $100 [$50]
  for each period [of time] served, as specified by the convicting
  court in the judgment in the case.
         (b)  A convicting court may specify a period [of time] that
  is not less than eight hours or more than 24 hours as the period for
  which a defendant who fails to pay the fine [fines] and costs in the
  case must remain in jail to satisfy $100 [$50] of the fine and
  costs.
         SECTION 15.  Article 45.049, Code of Criminal Procedure, is
  amended by amending Subsections (b), (c), (d), (e), (f), and (g) and
  adding Subsection (c-1) to read as follows:
         (b)  In the justice's or judge's order requiring a defendant
  to perform [participate in] community service [work] under this
  article, the justice or judge must specify:
               (1)  the number of hours of community service the
  defendant is required to perform; and
               (2)  the date by which the defendant must submit to the
  court documentation verifying the defendant's completion of the
  community service [work].
         (c)  The justice or judge may order the defendant to perform
  community service [work] under this article:
               (1)  by attending a work and job skills training
  program, a preparatory class for the high school equivalency
  examination administered under Section 7.111, Education Code, or
  similar activity; or
               (2)  [only] for:
                     (A)  a governmental entity;
                     (B)  [or] a nonprofit organization or another
  organization that provides services to the general public that
  enhance social welfare and the general well-being of the community,
  as determined by the justice or judge;
                     (C)  a religious organization;
                     (D)  a neighborhood association or group; or
                     (E)  an educational institution.
         (c-1)  An [A governmental] entity [or nonprofit
  organization] that accepts a defendant under this article to
  perform community service must agree to supervise, either on-site
  or remotely, the defendant in the performance of the defendant's
  community service [work] and report on the defendant's community
  service [work] to the justice or judge who ordered the [community]
  service.
         (d)  A justice or judge may not order a defendant to perform
  more than 16 hours per week of community service under this article
  unless the justice or judge determines that requiring the defendant
  to perform [work] additional hours does not impose an undue [work a]
  hardship on the defendant or the defendant's dependents.
         (e)  A defendant is considered to have discharged not less
  than $100 [$50] of fines or costs for each eight hours of community
  service performed under this article.
         (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 or an entity that accepts a
  defendant under this article to perform community service is not
  liable for damages arising from an act or failure to act in
  connection with community service [manual labor] 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)  This subsection applies only to a defendant who is
  charged with a traffic offense or an offense under Section 106.05,
  Alcoholic Beverage Code, and is a resident of this state. If under
  Article 45.051(b)(10), Code of Criminal Procedure, the judge
  requires the defendant to perform community service as a condition
  of the deferral, the defendant is entitled to elect whether to
  perform the required [governmental entity or nonprofit
  organization community] service in:
               (1)  the county in which the court is located; or
               (2)  the county in which the defendant resides, but
  only if the applicable entity [or organization] agrees to:
                     (A)  supervise, either on-site or remotely, the
  defendant in the performance of the defendant's community service
  [work]; and
                     (B)  report to the court on the defendant's
  community service [work].
         SECTION 16.  Article 45.0491, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.0491.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
  CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A municipal court,
  regardless of whether the court is a court of record, or a justice
  court may waive payment of all or part of a fine or costs imposed on
  a defendant [who defaults in payment] if the court determines:
               (1)  that:
                     (A) [(1)]  the defendant is indigent or does not
  have sufficient resources or income to pay all or part of the fine
  or costs or was, at the time the offense was committed, a child as
  defined by Article 45.058(h); and
                     (B) [(2)]  discharging the fine or [and] costs
  under Article 45.049 or as otherwise authorized by this chapter
  would impose an undue hardship on the defendant; or
               (2)  that the waiver is in the interest of justice.
         SECTION 17.  The heading to Article 45.0492, Code of
  Criminal Procedure, as added by Chapter 227 (H.B. 350), Acts of the
  82nd Legislature, Regular Session, 2011, is amended to read as
  follows:
         Art. 45.0492.  COMMUNITY SERVICE [OR TUTORING] IN
  SATISFACTION OF FINE OR COSTS FOR CERTAIN JUVENILE DEFENDANTS.
         SECTION 18.  Article 45.0492, Code of Criminal Procedure, as
  added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
  Regular Session, 2011, is amended by amending Subsections (b), (c),
  (d), (f), (g), and (h) and adding Subsection (d-1) to read as
  follows:
         (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 [or attending a tutoring program that
  is satisfactory to the court].  A defendant may discharge an
  obligation to perform community service [or attend a tutoring
  program] 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 [participate in] community service [work or a tutoring
  program] under this article, the justice or judge must specify:
               (1)  the number of hours of community service the
  defendant is required to perform; and
               (2)  the date by which the defendant must submit to the
  court documentation verifying the defendant's completion of the
  community service [work or attend tutoring].
         (d)  The justice or judge may order the defendant to perform
  community service [work] under this article:
               (1)  by attending a tutoring program, work and job
  skills training program, preparatory class for the high school
  equivalency examination administered under Section 7.111,
  Education Code, or similar activity; or
               (2)  [only] for:
                     (A)  a governmental entity;
                     (B)  [or] a nonprofit organization or another
  organization that provides services to the general public that
  enhance social welfare and the general well-being of the community,
  as determined by the justice or judge;
                     (C)  a religious organization;
                     (D)  a neighborhood association or group; or
                     (E)  an educational institution.
         (d-1)  An [A governmental] entity [or nonprofit
  organization] that accepts a defendant under this article to
  perform community service must agree to supervise, either on-site
  or remotely, the defendant in the performance of the defendant's
  community service [work] and report on the defendant's community
  service [work] to the justice or judge who ordered the [community]
  service.
         (f)  A justice or judge may not order a defendant to perform
  more than 16 hours of community service per week [or attend more
  than 16 hours of tutoring per week] under this article unless the
  justice or judge determines that requiring the defendant to perform
  additional hours [of work or tutoring] does not impose an undue
  [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.
         (g)  A defendant is considered to have discharged not less
  than $100 [$50] of fines or costs for each eight hours of community
  service performed [or tutoring program attended] under this
  article.
         (h)  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 or an entity that accepts a
  defendant under this article to perform community service[,
  nonprofit organization, or tutoring program] is not liable for
  damages arising from an act or failure to act in connection with
  community service [an activity] 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, grossly negligent, or
  performed with conscious indifference or reckless disregard for the
  safety of others.
         SECTION 19.  Article 45.0492, Code of Criminal Procedure, as
  added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
  Regular Session, 2011, is amended by amending Subsections (c), (d),
  (e), and (f) and adding Subsections (d-1) and (h) to read as
  follows:
         (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:
               (1)  the number of hours of community service the
  defendant is required to perform, [and may] not to exceed [order
  more than] 200 hours; and
               (2)  the date by which the defendant must submit to the
  court documentation verifying the defendant's completion of the
  community service.
         (d)  The justice or judge may order the defendant to perform
  community service [work] under this article:
               (1)  by attending a work and job skills training
  program, preparatory class for the high school equivalency
  examination administered under Section 7.111, Education Code, or
  similar activity; or
               (2)  [only] for:
                     (A)  a governmental entity;
                     (B)  [or] a nonprofit organization or another
  organization that provides services to the general public that
  enhance social welfare and the general well-being of the community,
  as determined by the justice or judge;
                     (C)  a religious organization;
                     (D)  a neighborhood association or group; or
                     (E)  an educational institution.
         (d-1)  An [A governmental] entity [or nonprofit
  organization] that accepts a defendant under this article to
  perform community service must agree to supervise, either on-site
  or remotely, the defendant in the performance of the defendant's
  community service [work] and report on the defendant's community
  service [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 the defendant
  to perform additional hours [of work] does not impose an undue
  [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 or an entity that accepts a
  defendant under this article to perform community service 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.
         (h)  A defendant is considered to have discharged not less
  than $100 of fines or costs for each eight hours of community
  service performed under this article.
         SECTION 20.  Article 103.0031(j), Code of Criminal
  Procedure, is amended to read as follows:
         (j)  A communication to the accused person regarding the
  amount of payment that is acceptable to the court under the court's
  standard policy for resolution of a case must include:
               (1)  a notice of the person's right to enter a plea or go
  to trial on any offense charged; and
               (2)  a statement that, if the person is unable to pay
  the full amount of payment that is acceptable to the court, the
  person should contact the court regarding the alternatives to full
  payment that are available to resolve the case.
         SECTION 21.  Section 102.0212, Government Code, is amended
  to read as follows:
         Sec. 102.0212.  COURT COSTS ON CONVICTION:  LOCAL GOVERNMENT
  CODE. A person convicted of an offense shall pay the following
  under the Local Government Code, in addition to all other costs:
               (1)  court costs on conviction of a felony (Sec.
  133.102, Local Government Code) . . . $133;
               (2)  court costs on conviction of a Class A or Class B
  misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
               (3)  court costs on conviction of a nonjailable
  misdemeanor offense, including a criminal violation of a municipal
  ordinance, other than a conviction of an offense relating to a
  pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
  Government Code) . . . $40;
               (4)  [a time payment fee if convicted of a felony or
  misdemeanor for paying any part of a fine, court costs, or
  restitution on or after the 31st day after the date on which a
  judgment is entered assessing the fine, court costs, or restitution
  (Sec. 133.103, Local Government Code) .   .   . $25;
               [(5)]  a cost on conviction of any offense, other than
  an offense relating to a pedestrian or the parking of a motor
  vehicle (Sec. 133.105, Local Government Code) . . . $6; and
               (5) [(6)]  a cost on conviction of any offense, other
  than an offense relating to a pedestrian or the parking of a motor
  vehicle (Sec. 133.107, Local Government Code) . . . $2.
         SECTION 22.  Section 103.021, Government Code, is amended to
  read as follows:
         Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
  or a party to a civil suit, as applicable, shall pay the following
  fees and costs under the Code of Criminal Procedure if ordered by
  the court or otherwise required:
               (1)  a personal bond fee (Art. 17.42, Code of Criminal
  Procedure) . . . the greater of $20 or three percent of the amount
  of the bail fixed for the accused;
               (2)  cost of electronic monitoring as a condition of
  release on personal bond (Art. 17.43, Code of Criminal Procedure)
  . . . actual cost;
               (3)  a fee for verification of and monitoring of motor
  vehicle ignition interlock (Art. 17.441, Code of Criminal
  Procedure) . . . not to exceed $10;
               (3-a)  costs associated with operating a global
  positioning monitoring system as a condition of release on bond
  (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
  subject to a determination of indigency;
               (3-b)  costs associated with providing a defendant's
  victim with an electronic receptor device as a condition of the
  defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
  Procedure) . . . actual costs, subject to a determination of
  indigency;
               (4)  repayment of reward paid by a crime stoppers
  organization on conviction of a felony (Art. 37.073, Code of
  Criminal Procedure) . . . amount ordered;
               (5)  reimbursement to general revenue fund for payments
  made to victim of an offense as condition of community supervision
  (Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50
  for a misdemeanor offense or $100 for a felony offense;
               (6)  payment to a crime stoppers organization as
  condition of community supervision (Chapter 42A, Code of Criminal
  Procedure) . . . not to exceed $50;
               (7)  children's advocacy center fee (Chapter 42A, Code
  of Criminal Procedure) . . . not to exceed $50;
               (8)  family violence center fee (Chapter 42A, Code of
  Criminal Procedure) . . . $100;
               (9)  community supervision fee (Chapter 42A, Code of
  Criminal Procedure) . . . not less than $25 or more than $60 per
  month;
               (10)  additional community supervision fee for certain
  offenses (Chapter 42A, Code of Criminal Procedure) . . . $5 per
  month;
               (11)  for certain financially able sex offenders as a
  condition of community supervision, the costs of treatment,
  specialized supervision, or rehabilitation (Chapter 42A, Code of
  Criminal Procedure) . . . all or part of the reasonable and
  necessary costs of the treatment, supervision, or rehabilitation as
  determined by the judge;
               (12)  fee for failure to appear for trial in a justice
  or municipal court if a jury trial is not waived (Art. 45.026, Code
  of Criminal Procedure) . . . costs incurred for impaneling the
  jury;
               (13)  costs of certain testing, assessments, or
  programs during a deferral period (Art. 45.051, Code of Criminal
  Procedure) . . . amount ordered;
               (14)  special expense on dismissal of certain
  misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
  . . . not to exceed amount of fine assessed;
               (15)  an additional fee:
                     (A)  for a copy of the defendant's driving record
  to be requested from the Department of Public Safety by the judge
  (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
  to the sum of the fee established by Section 521.048,
  Transportation Code, and the state electronic Internet portal fee;
                     (B)  as an administrative fee for requesting a
  driving safety course or a course under the motorcycle operator
  training and safety program for certain traffic offenses to cover
  the cost of administering the article (Art. 45.0511(f)(1), Code of
  Criminal Procedure) . . . not to exceed $10; or
                     (C)  for requesting a driving safety course or a
  course under the motorcycle operator training and safety program
  before the final disposition of the case (Art. 45.0511(f)(2), Code
  of Criminal Procedure) . . . not to exceed the maximum amount of the
  fine for the offense committed by the defendant;
               (16)  a request fee for teen court program (Art.
  45.052, Code of Criminal Procedure) . . . $20, if the court
  ordering the fee is located in the Texas-Louisiana border region,
  but otherwise not to exceed $10;
               (17)  a fee to cover costs of required duties of teen
  court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
  court ordering the fee is located in the Texas-Louisiana border
  region, but otherwise $10;
               (18)  a mileage fee for officer performing certain
  services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
  mile;
               (19)  certified mailing of notice of hearing date (Art.
  102.006, Code of Criminal Procedure) . . . $1, plus postage;
               (20)  certified mailing of certified copies of an order
  of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
  plus postage;
               (20-a)  a fee to defray the cost of notifying state
  agencies of orders of expungement (Art. 45.0216, Code of Criminal
  Procedure) . . . $30 per application;
               (21)  sight orders:
                     (A)  if the face amount of the check or sight order
  does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
  . . . not to exceed $10;
                     (B)  if the face amount of the check or sight order
  is greater than $10 but does not exceed $100 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $15;
                     (C)  if the face amount of the check or sight order
  is greater than $100 but does not exceed $300 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $30;
                     (D)  if the face amount of the check or sight order
  is greater than $300 but does not exceed $500 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $50; and
                     (E)  if the face amount of the check or sight order
  is greater than $500 (Art. 102.007, Code of Criminal Procedure)
  . . . not to exceed $75;
               (22)  fees for a pretrial intervention program:
                     (A)  a supervision fee (Art. 102.012(a), Code of
  Criminal Procedure) . . . $60 a month plus expenses; and
                     (B)  a district attorney, criminal district
  attorney, or county attorney administrative fee (Art. 102.0121,
  Code of Criminal Procedure) . . . not to exceed $500;
               (23)  parking fee violations for child safety fund in
  municipalities with populations:
                     (A)  greater than 850,000 (Art. 102.014, Code of
  Criminal Procedure) . . . not less than $2 and not to exceed $5; and
                     (B)  less than 850,000 (Art. 102.014, Code of
  Criminal Procedure) . . . not to exceed $5;
               (24)  [an administrative fee for collection of fines,
  fees, restitution, or other costs (Art. 102.072, Code of Criminal
  Procedure) .   .   . not to exceed $2 for each transaction;
               [(25)]  a collection fee, if authorized by the
  commissioners court of a county or the governing body of a
  municipality, for certain debts and accounts receivable, including
  unpaid fines, fees, court costs, forfeited bonds, and restitution
  ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
  percent of an amount more than 60 days past due; and
               (25) [(26)]  a cost on conviction for the truancy
  prevention and diversion fund (Art. 102.015, Code of Criminal
  Procedure) . . . $2.
         SECTION 23.  Section 133.003, Local Government Code, is
  amended to read as follows:
         Sec. 133.003.  CRIMINAL FEES. This chapter applies to the
  following criminal fees:
               (1)  the consolidated fee imposed under Section
  133.102;
               (2)  [the time payment fee imposed under Section
  133.103;
               [(3)]  fees for services of peace officers employed by
  the state imposed under Article 102.011, Code of Criminal
  Procedure, and forwarded to the comptroller as provided by Section
  133.104;
               (3) [(4)]  costs on conviction imposed in certain
  statutory county courts under Section 51.702, Government Code, and
  deposited in the judicial fund;
               (4) [(5)]  costs on conviction imposed in certain
  county courts under Section 51.703, Government Code, and deposited
  in the judicial fund;
               (5) [(6)]  the administrative fee for failure to appear
  or failure to pay or satisfy a judgment imposed under Section
  706.006, Transportation Code;
               (6) [(7)]  fines on conviction imposed under Section
  621.506(g), Transportation Code;
               (7) [(8)]  the fee imposed under Article 102.0045, Code
  of Criminal Procedure;
               (8) [(9)]  the cost on conviction imposed under Section
  133.105 and deposited in the judicial fund; and
               (9) [(10)]  the cost on conviction imposed under
  Section 133.107.
         SECTION 24.  Section 502.010, Transportation Code, is
  amended by amending Subsections (a) and (c) and adding Subsections
  (b-1), (i), and (j) to read as follows:
         (a)  Except as otherwise provided by this section, a [A]
  county assessor-collector or the department may refuse to register
  a motor vehicle if the assessor-collector or the department
  receives information that the owner of the vehicle:
               (1)  owes the county money for a fine, fee, or tax that
  is past due; or
               (2)  failed to appear in connection with a complaint,
  citation, information, or indictment in a court in the county in
  which a criminal proceeding is pending against the owner.
         (b-1)  Information that is provided to make a determination
  under Subsection (a)(1) and that concerns the past due status of a
  fine or fee imposed for a criminal offense and owed to the county
  expires on the second anniversary of the date the information was
  provided and may not be used to refuse registration after that date.
  Once information about a past due fine or fee is provided under
  Subsection (b), subsequent information about other fines or fees
  that are imposed for a criminal offense and that become past due
  before the second anniversary of the date the initial information
  was provided may not be used, either before or after the second
  anniversary of that date, to refuse registration under this section
  unless the motor vehicle is no longer subject to refusal of
  registration because of notice received under Subsection (c).
         (c)  A county that has a contract under Subsection (b) shall
  notify the department regarding a person for whom the county
  assessor-collector or the department has refused to register a
  motor vehicle on:
               (1)  the person's payment or other means of discharge,
  including a waiver, of the past due fine, fee, or tax; or
               (2)  perfection of an appeal of the case contesting
  payment of the fine, fee, or tax.
         (i)  A municipal court judge or justice of the peace who has
  jurisdiction over the underlying offense may waive an additional
  fee imposed under Subsection (f) if the judge or justice makes a
  finding that the defendant is economically unable to pay the fee or
  that good cause exists for the waiver.
         (j)  If a county assessor-collector is notified that the
  court having jurisdiction over the underlying offense has waived
  the past due fine or fee due to the defendant's indigency, the
  county may not impose an additional fee on the defendant under
  Subsection (f).
         SECTION 25.  Section 502.010(f), Transportation Code, as
  amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of
  the 82nd Legislature, Regular Session, 2011, is reenacted and
  amended to read as follows:
         (f)  Except as otherwise provided by this section, a [A]
  county that has a contract under Subsection (b) may impose an
  additional fee of $20 to:
               (1)  a person who fails to pay a fine, fee, or tax to the
  county by the date on which the fine, fee, or tax is due; or
               (2)  a person who fails to appear in connection with a
  complaint, citation, information, or indictment in a court in which
  a criminal proceeding is pending against the owner. [The
  additional fee may be used only to reimburse the department or the
  county for its expenses for providing services under the contract.]
         SECTION 26.  Section 706.005, Transportation Code, is
  amended to read as follows:
         Sec. 706.005.  CLEARANCE NOTICE TO DEPARTMENT. (a)  A
  political subdivision shall immediately notify the department that
  there is no cause to continue to deny renewal of a person's driver's
  license based on the person's previous failure to appear or failure
  to pay or satisfy a judgment ordering the payment of a fine and cost
  in the manner ordered by the court in a matter involving an offense
  described by Section 706.002(a), on payment of a fee as provided by
  Section 706.006 and:
               (1)  the perfection of an appeal of the case for which
  the warrant of arrest was issued or judgment arose;
               (2)  the dismissal of the charge for which the warrant
  of arrest was issued or judgment arose, other than a dismissal with
  prejudice by the appropriate prosecuting attorney for lack of
  evidence;
               (3)  the posting of bond or the giving of other security
  to reinstate the charge for which the warrant was issued;
               (4)  the payment or discharge of the fine and cost owed
  on an outstanding judgment of the court; or
               (5)  other suitable arrangement to pay the fine and
  cost within the court's discretion.
         (b)  The department may not continue to deny the renewal of
  the person's driver's license under this chapter after the
  department receives notice:
               (1)  under Subsection (a);
               (2)  that the person was acquitted of the charge on
  which the person failed to appear;
               (3)  that the charge on which the person failed to
  appear was dismissed with prejudice by the appropriate prosecuting
  attorney for lack of evidence; or
               (4) [(3)]  from the political subdivision that the
  failure to appear report or court order to pay a fine or cost
  relating to the person:
                     (A)  was sent to the department in error; or
                     (B)  has been destroyed in accordance with the
  political subdivision's records retention policy.
         SECTION 27.  Section 706.006, Transportation Code, is
  amended by amending Subsections (a) and (b) and adding Subsections
  (a-1) and (d) to read as follows:
         (a)  Except as provided by Subsection (d), a [A] person who
  fails to appear for a complaint or citation for an offense described
  by Section 706.002(a) shall be required to pay an administrative
  fee of $30 for each complaint or citation reported to the department
  under this chapter, unless:
               (1)  the person is acquitted of the charges for which
  the person failed to appear;
               (2)  the charges on which the person failed to appear
  were dismissed with prejudice by the appropriate prosecuting
  attorney for lack of evidence;
               (3)  the failure to appear report was sent to the
  department in error; or
               (4)  the case regarding the complaint or citation is
  closed and the failure to appear report has been destroyed in
  accordance with the applicable political subdivision's record
  retention policy.
         (a-1)  A [The] person who is required to pay a fee under
  Subsection (a) shall pay the fee when:
               (1)  the court enters judgment on the underlying
  offense reported to the department;
               (2)  the underlying offense is dismissed, other than a
  dismissal described by Subsection (a)(2); or
               (3)  bond or other security is posted to reinstate the
  charge for which the warrant was issued.
         (b)  Except as provided by Subsection (d), a [A] person who
  fails to pay or satisfy a judgment ordering the payment of a fine
  and cost in the manner the court orders shall be required to pay an
  administrative fee of $30.
         (d)  If the court having jurisdiction over the underlying
  offense makes a finding that the person is indigent, the person may
  not be required to pay an administrative fee under this section.  
  For purposes of this subsection, a person is presumed to be indigent
  if the person:
               (1)  is required to attend school full time under
  Section 25.085, Education Code;
               (2)  is a member of a household with a total annual
  income that is below 125 percent of the applicable income level
  established by the federal poverty guidelines; or
               (3)  receives assistance from:
                     (A)  the financial assistance program established
  under Chapter 31, Human Resources Code;
                     (B)  the medical assistance program under Chapter
  32, Human Resources Code;
                     (C)  the supplemental nutrition assistance
  program established under Chapter 33, Human Resources Code;
                     (D)  the federal special supplemental nutrition
  program for women, infants, and children authorized by 42 U.S.C.
  Section 1786; or
                     (E)  the child health plan program under Chapter
  62, Health and Safety Code.
         SECTION 28.  Section 708.152(b), Transportation Code, is
  amended to read as follows:
         (b)  A license suspended under this section remains
  suspended until the earlier of:
               (1)  the date the person pays the amount of the
  surcharge and any related costs; or
               (2)  the second anniversary of the date of suspension.
         SECTION 29.  Section 708.154(c), Transportation Code, is
  amended to read as follows:
         (c)  A license suspended under this section remains
  suspended until the earlier of:
               (1)  the date the person pays the amount of the
  surcharge and any related costs; or
               (2)  the second anniversary of the date of suspension.
         SECTION 30.  Section 708.158, Transportation Code, is
  amended to read as follows:
         Sec. 708.158.  INDIGENT STATUS AND REDUCTION OF SURCHARGES.
  (a)  If the court having jurisdiction over an offense with respect
  to which a fine and cost were imposed makes a finding that the
  person is economically unable to pay the fine and cost, the [The]
  department shall waive all surcharges assessed under this chapter
  for the [a] person [who is indigent. For the purposes of this
  section, a person is considered to be indigent if the person
  provides the evidence described by Subsection (b) to the court].
         (b)  A person must provide information to the court in which
  the person is convicted of the offense that is the basis for the
  surcharge to establish that the person is economically unable to
  pay the fine and cost [indigent]. The following documentation may
  be used as proof:
               (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 does not exceed 125 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 does not exceed 125 percent of the applicable income level
  established by the federal poverty guidelines; or
               (3)  documentation from a federal agency, state agency,
  or school district that indicates that the person or, if the person
  is a dependent as defined by Section 152, Internal Revenue Code of
  1986, the taxpayer claiming the person as a dependent, receives
  assistance from:
                     (A)  the food stamp program or the financial
  assistance program established under Chapter 31, Human Resources
  Code;
                     (B)  the federal special supplemental nutrition
  program for women, infants, and children authorized by 42 U.S.C.
  Section 1786;
                     (C)  the medical assistance program under Chapter
  32, Human Resources Code;
                     (D)  the child health plan program under Chapter
  62, Health and Safety Code; or
                     (E)  the national free or reduced-price lunch
  program established under 42 U.S.C. Section 1751 et seq.
         (c)  Not later than the fifth day after the date the court
  receives information described by Subsection (b) establishing that
  a person is economically unable to pay a fine or cost, the court
  shall notify the department of the court's finding under this
  section.
         SECTION 31.  The following provisions are repealed:
               (1)  Article 102.072, Code of Criminal Procedure;
               (2)  Article 45.0492(e), Code of Criminal Procedure, as
  added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
  Regular Session, 2011; and
               (3)  Section 133.103, Local Government Code.
         SECTION 32.  The changes in law made by this Act to Articles
  14.06 and 27.14, Code of Criminal Procedure, and Sections 502.010
  and 708.158 and Chapter 706, Transportation Code, apply only to an
  offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 33.  The changes in law made by this Act to Articles
  42.15, 43.09, 43.091, 45.014, 45.041, 45.046, 45.049, and 45.0491,
  Code of Criminal Procedure, and Articles 45.0492, Code of Criminal
  Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
  Legislature, Regular Session, 2011, and 45.0492, Code of Criminal
  Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
  Legislature, Regular Session, 2011, apply to a sentencing
  proceeding that commences before, on, or after the effective date
  of this Act.
         SECTION 34.  The change in law made by this Act to Articles
  43.05 and 45.045, Code of Criminal Procedure, applies only to a
  capias pro fine issued on or after the effective date of this Act. A
  capias pro fine issued before the effective date of this Act is
  governed by the law in effect on the date the capias pro fine was
  issued, and the former law is continued in effect for that purpose.
         SECTION 35.  The changes in law made by this Act to Article
  45.016, Code of Criminal Procedure, apply only to a bond executed on
  or after the effective date of this Act. A bond executed before the
  effective date of this Act is governed by the law in effect when the
  bond was executed, and the former law is continued in effect for
  that purpose.
         SECTION 36.  The change in law made by this Act to Article
  45.048, Code of Criminal Procedure, applies to a defendant who is
  placed in jail on or after the effective date of this Act for
  failure to pay the fine and costs imposed on conviction of an
  offense, regardless of whether the offense for which the defendant
  was convicted was committed before, on, or after the effective date
  of this Act.
         SECTION 37.  The repeal by this Act of Article 102.072, Code
  of Criminal Procedure, applies only to a transaction that occurs on
  or after the effective date of this Act. A transaction that occurs
  before the effective date of this Act is governed by the law in
  effect on the date the transaction occurred, and the former law is
  continued in effect for that purpose.
         SECTION 38.  The repeal by this Act of Section 133.103, Local
  Government Code, does not apply to an offense committed before the
  effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law as it existed on
  the date the offense was committed, and the former law is continued
  in effect for that purpose. For purposes of this section, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 39.  This Act takes effect only if a specific
  appropriation for the implementation of the Act is provided in a
  general appropriations act of the 85th Legislature.
         SECTION 40.  This Act takes effect September 1, 2017.
 
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