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89(R) HB 2136 - Engrossed version - Bill Text
By: Bhojani, Dorazio, Cortez, Lopez of Bexar,
H.B. No. 2136
Lujan
A BILL TO BE ENTITLED
AN ACT
relating to design and use of a model criminal citation and an
addendum to the citation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2B, Code of Criminal
Procedure, is amended by adding Article 2B.0060 to read as follows:
Art. 2B.0060. MODEL CITATION DESIGN. (a) In this article:
(1)
"Citation" means any summons, ticket, or other
official document that a peace officer issues to a person for an
offense punishable by fine only and that requires the person to
respond or appear.
The term includes an electronic version of the
summons, ticket, or other official document.
(2)
"Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers.
(3)
"Office" means the Office of Court Administration
of the Texas Judicial System.
(b)
Not later than September 1 of each even-numbered year,
each law enforcement agency shall adopt, implement, and, as
necessary, amend the citation and addendum to the citation used by
the agency.
The citation and addendum implemented by the agency
must conform to the model citation and addendum designed, adopted,
and disseminated by the office under this article.
(c)
The office shall design, adopt, and disseminate to each
law enforcement agency in this state a model citation and addendum
to the citation for the purpose of:
(1)
reducing costs associated with the failure of a
person issued a citation to appear for a scheduled court
appearance;
(2)
improving the efficiency of courts in this state;
and
(3)
improving the efficiency of data collection
required under other law.
(d) The model citation adopted by the office must:
(1)
be based on credible field, academic, or
laboratory research; and
(2)
be written in clear, plain language and include,
as applicable:
(A)
important information at the top of the
citation, including:
(i)
the date, time, and location at which a
person issued a citation must appear for court;
(ii)
the offense charged and the action the
person issued a citation is required to take regarding the charge;
(iii)
the consequences of missing a
scheduled court appearance; and
(iv)
the phone number of the person at the
court who is able to provide additional information to or answer
questions from the person issued a citation; and
(B) at another location on the citation:
(i)
information regarding what the person
issued a citation may expect at court, including an assurance that
the person will not be arrested for appearing in court for the
unresolved misdemeanor for which the citation was issued;
(ii)
options to resolve the citation other
than appearing in court;
(iii)
the phone number of the person issued
the citation; and
(iv)
any other information, procedure, or
best practice that is supported by credible research or commonly
accepted as a means to achieve the purposes described by Subsection
(c).
(e)
The model addendum to the citation adopted by the office
must include details:
(1)
regarding any resources that are available to
assist a person issued a citation with a court appearance,
including resources that provide text reminders, parking details,
general directions to the court, transportation options,
child-care assistance, and rescheduling instructions; and
(2)
for persons who are unable to afford fines or costs
imposed by a court, for a payment plan, payment deferral, community
service, and waiver or reduction of the fines or costs.
(f)
The office shall consult with the following in designing
the model citation and addendum:
(1)
the Bill Blackwood Law Enforcement Management
Institute of Texas located at Sam Houston State University;
(2) court clerks;
(3) the Texas Commission on Law Enforcement;
(4) judges;
(5) public defenders;
(6) prosecutors;
(7)
a behavioral science professional with expertise
in citation design;
(8)
the Department of Public Safety of the State of
Texas;
(9) the Sheriffs' Association of Texas; and
(10) the Texas Police Chiefs Association.
(g)
The office shall provide for a period of user testing
led by professionals with expertise in citations and a period of
public comment before adopting the model citation and addendum
designs.
(h)
Not later than December 31 of each odd-numbered year,
the office shall:
(1)
review the model citation and addendum adopted
under this article;
(2)
conduct user tests and report on data outcomes and
practices for the latest model citation and addendum;
(3) if appropriate, modify or update the designs;
(4)
disseminate the designs to each law enforcement
agency in this state; and
(5)
provide notice to each municipal and justice court
in this state of any modification or update to the model citation or
addendum adopted by the office.
SECTION 2. (a) Not later than December 31, 2026, the Office
of Court Administration of the Texas Judicial System shall design,
adopt, and disseminate the model citation and addendum to the
citation required under Article 2B.0060, Code of Criminal
Procedure, as added by this Act. In disseminating the model
citation and addendum to the citation, the office shall provide
electronic notice to each municipal and justice court in this state
of the requirements of Article 2B.0060, Code of Criminal Procedure,
as added by this Act, including the date described by Subsection (b)
of this section by which law enforcement agencies must adopt a
citation and addendum to the citation.
(b) Not later than September 1, 2027, each law enforcement
agency to which Article 2B.0060, Code of Criminal Procedure, as
added by this Act, applies shall adopt a citation and addendum to
the citation as required by that article.
(c) Notwithstanding Subsection (b) of this section, a law
enforcement agency to which Article 2B.0060, Code of Criminal
Procedure, as added by this Act, applies is not required to issue
citations and addendums to citations that comply with that article
until the agency has used the remainder of the citation books the
agency possesses.
SECTION 3. This Act takes effect September 1, 2025.