bill making courts cut unpaid traffic fines

The text as introduced · 1,942 words

89R18601 TYPED

By: West
S.B. No. 2554

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 45A, Code of Criminal Procedure, is

amended by adding Subchapter L to read as follows:

SUBCHAPTER L. TRAFFIC FINE PROGRAMS OF JUSTICE AND MUNICIPAL COURTS

Art. 45A.551. GENERAL PROVISIONS FOR THE AMNESTY PROGRAM

FOR TRAFFIC FINES UNDER JUSTICE AND MUNICIPAL COURTS. (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 an AMNESTY 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. 45A.552. AMNESTY PROGRAM. (a) This article applies

only to a fine for a traffic offense that:

(1) was issued before September 1, 2023; and

(2) remains unpaid on or after September 1, 2025

(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, by

telephone, in-person or by mail.

(c) Except as otherwise provided by this subsection, 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 the person's unpaid fines described

by Subsection (a). The court may reduce the amount of the

administrative fee or waive the fee if the court determines a person

is indigent.

(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) 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 unless:

(1) the person contacts the court and requests to

remain enrolled in the program; and

(2) the justice or municipal court authorizes the

person's continued participation.

(g) The justice or municipal court shall notify the

Department of Public Safety on a person's successful completion of

the amnesty program.

(h) An applicant who is approved to participate in the

Amnesty Program would be credited for any amount previously paid

toward an eligible outstanding fine.

(i) The driver's license suspension of a person who is

successfully enrolled in the Amnesty Program would be temporarily

lifted, including payment of the $100 fee, unless the payment is

waived by the court. The drivers license suspension would be

permanently waived for eligible fines when all payments under the

program have been paid. The suspensions would be reinstated if the

program is not completed within the appropriate or specified

timelines.

(j) A person who applies for the Amnesty Program and has

fines totaling less than $200 may be allowed by the court a period

up to six months to complete payment of the unpaid eligible fines.

(k) This article expires December 31, 2026.

Art. 45A.553. 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, in person, or by mail or telephone.

(c) A justice or municipal court may charge an

administrative fee not to exceed $100 for participation in the

program. The administrative fee must be credited toward the amount

of an unpaid fine described by Subsection (a).

(d) 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) an amount that does not exceed $150 total for two

or fewer unpaid fines;

(2) an amount that does not exceed $75 per fine or $300

total for three or more unpaid fines; or

(3) an amount determined by the court under Article

45A.258, not to exceed $300.

(e) 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 200 percent

of the applicable income level established by the federal poverty

guidelines.

(f) A fine collected under this article shall be deposited

in the same manner as the original fine.

(g) 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 unless:

(1) the person contacts the court and requests to

remain enrolled in the program; and

(2) the justice or municipal court authorizes the

person's continued participation.

(h) The justice or municipal court shall notify the

Department of Public Safety on a person's successful completion of

the indigency program.

Art. 45A.554. 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:

(1) an amount that does not exceed a total of $200 for

two or fewer unpaid fines; or

(2) an amount that does not exceed $100 per fine or a

total of $500 for three or more unpaid fines.

(c) The program must allow a person to apply for

participation in the program on the Internet, in person, or by mail

or telephone.

(d) 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.

(e) Except as otherwise provided by this subsection, 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 (a). The court may reduce the amount of the

administrative fee or waive the fee if the court determines a person

is indigent.

(f) Except as otherwise provided by Subsection (g), 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.

(g) 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.

(h) A fine collected under this article shall be deposited

in the same manner as the original fine.

(i) 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, unless:

(1) the person contacts the court and requests to

remain enrolled in the program; and

(2) the justice or municipal court authorizes the

person's continued participation.

(j) 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 L, Chapter 45A, 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 L,

Chapter 45A, Code of Criminal Procedure.

SECTION 3. Not later than January 1, 2026, each justice and

municipal court shall establish:

(1) an amnesty program, as required by Article

45A.552, Code of Criminal Procedure, as added by this Act;

(2) an indigency program, as required by Article

45A.553, Code of Criminal Procedure, as added by this Act; and

(3) an incentive program, as required by Article

45A.554, Code of Criminal Procedure, as added by this Act.

SECTION 4. This Act takes effect September 1, 2025.