INSTALLMENT PAYMENT PLAN
A. Government Code
section 51.921, provides, in relevant part:
- In addition to other fees
authorized or required by law, the clerk of each district court,
statutory county court, county court at law, justice court, and
municipal court shall collect a fee of $25.00 from a person who:
been convicted of a felony or misdemeanor;
been ordered to pay a fine, court costs, or restitution by the court;
seeks to pay the fine, court costs, or restitution over a period of time
rather than immediately.
General Opinion No. DM-464 dated December 22, 1997
" Summary - Section 51.921 of the Government Code, which imposes a
"time payment fee" on every convicted defendant who chooses to
pay his fine, court costs, or restitution "over a period of time"
rather than "immediately," is not violation of due process or
equal protection under the Texas Constitution for the reasons expressed in
Attorney General Opinion DM-123 (1992). The time payment fee is applicable
only for offenses committed on or after September 1, 1997. It applies to
all trial courts in the state, including constitutional county courts, but
not to an individual who has been granted deferred adjudication.
"Immediately" means "within a reasonable time as directed by
the court." If the court consolidates several charges, and imposes a
fine, court costs, or restitution in a single order, only one time payment
fee may be assessed. The time payment fee is a "cost of court"
for purposes of priority payment.
C. The Government Code was
revised effective 9-1-99 and 51.921(a)(1), (2), and (3) amended to state
that "a person convicted of a felony or misdemeanor and pays any part
of a fine, court costs, or restitution on or after the 31st day
after the date on which a judgment is entered assessing the fine, court
costs, or restitution" must be charged the $25.00 "Time Payment Fee."
The language used states that "municipal court shall collect"
this fee under these circumstances.
A. Time Payment Fee will be
collected as a one-time assessment in the following situations:
- Whenever the defendant is found guilty,
ordered to pay the fine and the Judge grants an extension beyond 31
days for payment of fine, fees, costs, the $25.00 Time Payment Fee will be collected on
- Whenever any deferral ( deferred
adjudication, driving safety class, teen court, alcohol awareness,
seat belt class) becomes a conviction and fines, fees, and costs are
not paid by the thirty-first day following the date of conviction, the
$25.00 Time Payment Fee will be collected.
B. Time Payment Fee will not be
collected in the following situations:
- If the defendant pays the full amount of
fines, fees, and costs, within 31 Days from date of conviction; and
- If the defendant is granted deferred
adjudication, driving safety course, seat belt class, or deferred to
complete an alcohol awareness program.