HBA-BSM H.B. 2410 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2410 By: Martinez Fischer Criminal Jurisprudence 3/23/2001 Introduced BACKGROUND AND PURPOSE In addition to city-imposed court fines, fees, and costs, the State of Texas assesses certain costs and fees against defendants in municipal court. Under current law, municipal courts are authorized to discharge the costs only if other types of penalties are applied, including manual labor, community service, and confinement to jail. However, under certain circumstances, a judge may feel that the alternative penalties would impose an undue hardship on a defendant. House Bill 2410 authorizes a municipal court judge to waive costs and fees in certain circumstances for a defendant who fails to pay stipulated costs and fines. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2410 amends the Code of Criminal Procedure to authorize a court to waive payment of fines and costs imposed on a defendant who defaults in payment. The bill authorizes a municipal court, regardless of whether the court is a court of record, to waive payment of a fine or cost imposed on a defendant who defaults in payment if the court determines that the defendant is indigent, and each alternative method of discharging the fine or cost would impose an undue hardship on the defendant. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.