HBA-BSM C.S.H.B. 2410 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2410
By: Martinez Fischer
Criminal Jurisprudence
4/18/2001
Committee Report (Substituted)



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.  C.S.H.B. 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

C.S.H.B. 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 or a justice court 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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2410 differs from the original by adding that a justice court may
waive payment of a fine or cost imposed on a defendant who defaults in
payment.