§ 706.006 — PAYMENT OF REIMBURSEMENT FEE.

Texas § 706.006

• Jurisdiction: Texas
• Code TN: Transportation Code

Text

Sec. 706.006. PAYMENT OF REIMBURSEMENT FEE. (a) Except as provided by Subsection (d), 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 a reimbursement fee of $10 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 motion of 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 records retention policy.
(a-1) A person who is required to pay a reimbursement 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 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 a reimbursement fee of $10.
(c) The department may deny renewal of the driver's license of a person who does not pay a reimbursement fee due under this section until the fee is paid. The fee required by this section is in addition to any other fee required by law.
(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 a reimbursement 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.

Legislative History

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.161(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.37(d), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 999, Sec. 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1498, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 209, Sec. 79(a), eff. Jan. 1, 2004. Amended by: Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351 ), Sec. 29, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913 ), Sec. 26, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346 ), Sec. 2.78, eff. January 1, 2020.