Temporary Repeal of the Chapter 55A Expunction Fee

By Ned Minevitz 

Municipal Courts of Record & Chapter 55A Expunctions  

Municipal courts of record are authorized to process expunctions under Chapter 55A of the Code of Criminal Procedure. Chapter 55A expunctions are distinct from expunctions that all municipal courts process, such as juvenile expunctions under Article 45A.463 of the Code of Criminal Procedure or alcohol-related expunctions under Chapter 106 of the Alcoholic Beverage Code. Therefore, the following information about Chapter 55A expunctions only applies to municipal courts of record—not non-record municipal courts. 

Expunction Fee Repeal and Reinstatement 

In the 89th Regular Session, the Texas Legislature repealed Article 102.006 of the Code of Criminal Procedure, which provided for a $100 filing fee to be paid by petitioners seeking expunction under Chapter 55A, via S.B. 1667. This bill took effect on September 1, 2025.  

During the second special session, H.B. 16 (known as the “court omnibus bill”) passed and was signed by Governor Greg Abbott on September 17, 2025. H.B. 16 did two important things related to the Chapter 55A expunction fee: 

  • Reinstated Article 102.006, effective immediately, but with an expiration date of January 1, 2026.  
  • Enacted Article 102.0061, effective January 1, 2026, which provides for a $100 Chapter 55A expunction fee. 

Did the Repeal Ever Take Full Effect?  

Section 51.607(c) of the Government Code states that any “imposition or change” of the amount of a court cost or fee does not take effect until January 1, the year after a regular session bill’s enactment. But does the total repeal of a cost or fee constitute a “change” for the purposes of Section 51.607(c)? This seems to be an unresolved gray area. Therefore, a common question has been whether S.B. 1667 triggered Section 51.607(c). If it did not, then the Chapter 55A expunction fee repeal took effect on September 1, 2025.  

While official guidance has not yet been provided by the Office of Court Administration or Comptroller, the likely conclusion will be that Section 51.607(c) did not apply to the repealed fee. A “change” is distinguishable from an elimination and typically covers situations where a cost or fee increases or decreases. Furthermore, if 51.607(c) applied to Article 102.006’s repeal, then the temporary reinstatement of Article 102.006 during the special session would be meaningless. If this interpretation holds true, courts of record should have ceased assessing the $100 Chapter 55A expunction fee for petitions filed beginning on September 1, 2025. 

Because, however, the Legislature reenacted Article 102.006 effective September 17, 2025, the period where the fee should not have been assessed lasted a mere 16 days. Courts of record were authorized to resume assessing the $100 fee for petitions filed on or after September 17, 2025. Note that because Article 102.006 was reinstated during a special session—and Section 51.607(c) only applies to costs and fees imposed during a regular session—the reinstatement took effect immediately and was not affected by Section 51.607(c). 

Putting It All Together 

If a petitioner paid a $100 expunction fee for a Chapter 55A expunction petition filed from September 1, 2025, to September 16, 2025, they might come to the court requesting a refund. Or perhaps courts of record will choose to proactively issue refunds in the event they assessed any fees in this timeframe. The following table illustrates which petitions should have the $100 fee attached if TMCEC’s current interpretation holds true: 

Date Chapter 55A Expunction Petition Filed Fee Authority 
Before September 1, 2025 $100 Now-Repealed Article 102.006, C.C.P. 
September 1, 2025 – September 16, 2025 NoneNo Statute Authorizing Collection of a Fee 
September 17, 2025 – December 31, 2025 $100 Reinstated Article 102.006, C.C.P. 
January 1, 2026 or later $100 New Article 102.0061, C.C.P. 

HB 2282: What Municipal Court Personnel Need to Know About the Warrant Fee Change

Heads up, court personnel: HB 2282 changes the warrant fee, but the increase doesn’t apply in every case starting September 1, 2025. The rules depend on both the date of offense and the timing of when the fee is assessed.

House Bill 2282 (89th Legislature) amends Article 102.011(a), Code of Criminal Procedure. It raises the reimbursement fee for executing or processing an arrest warrant, capias, or capias pro fine from $50 to $75. HB 2282 takes effect September 1, 2025.

Because this change involves court costs, its application depends on both the date of offense and the timing of assessment of the fee.

Key Points

  1. Offenses before September 1, 2025
    • For offenses committed before 9/1/2025, the fee is permanently capped at $50, regardless of when the warrant or capias is issued, executed, or assessed.
  2. Offenses on or after September 1, 2025
    • For offenses committed on or after 9/1/2025, the potential warrant or capias fee is $75.
    • But under Government Code § 51.607, no new or amended court cost may be assessed until January 1, 2026.
    • That means the $75 fee applies only when the fee is assessed on or after 1/1/2026.
  3. Assessment may occur at different points
    • Most costs are assessed at the time of judgment. Fees are not assessed prior to judgment.
    • Some costs, like the fee for executing a capias pro fine, are assessed after judgment when the service actually occurs.
    • In both cases, the same effective-date rules apply:
      • Offense on or after 9/1/2025, and
      • Assessment of the fee (whether at judgment or later) on or after 1/1/2026.

Putting It Together

Offense DateFee Assessed (time of judgment or later)Result
Before Sept 1, 2025Any time$50
On or after Sept 1, 2025Fee assessed before Jan 1, 2026$50
On or after Sept 1, 2025Fee assessed on/after Jan 1, 2026$75

Important Caveat

This analysis reflects the likely application of HB 2282 based on Article 102.011(a), C.C.P., and Government Code § 51.607. However, the Office of Court Administration (OCA) is responsible for publishing the official interpretation of cost changes in the Texas Register. Courts should look to OCA’s publication for the final word on implementation.

👉 Bottom line: Don’t assume the $75 fee applies automatically on September 1, 2025. The increase only takes effect when both the date of offense and the date of assessment of the fee meet the statutory requirements.

New Notice Requirement for Dismissed State Commission on Judicial Conduct (SCJC) Complaints

by Ned Minevitz

This year, the Texas Legislature passed S.B. 293, which overhauled Chapter 33 of the Government Code (“State Commission on Judicial Conduct”). One change that is likely to get municipal judges’ attention is new Section 33.022(b-2). This law requires the SCJC to provide notice to a judge within five business days of dismissing a complaint against him or her if it was dismissed due to being unfounded, frivolous, or having administrative deficiencies.

Until now, judges have typically been unaware of such dismissals: they usually occur soon after the SCJC receives the complaint and prior to a full investigation. And as one can imagine, such dismissals are common. No matter how ethical and law-abiding a judge is, there are individuals out there that will still file complaints against him or her. In the past, the judge would probably never know about such complaints. Now they will.

Therefore, all municipal judges should be prepared for the possibility of receiving increased communications from the SCJC related to dismissed complaints against them. If a judge receives notice of a dismissed complaint under Section 33.022(b-2), there is no need to contact SCJC or be alarmed. Ron Bennett, Chief Investigator at the SCJC, expects such notices to be commonplace moving forward.

If the SCJC has the judge’s e-mail address on file, any notice under Section 33.022(b-2) will be sent via e-mail as well as through the U.S. Postal Service. If there is no e-mail address on file, the notice will only be sent by snail mail.

To update their e-mail and/or mailing address with the SCJC, judges may e-mail information@scjc.texas.gov or call 512.463.5533.

HB 1950 Creates a New Consolidated Fund for Cities Under 100,000 

 On May 29, 2025, Governor Abbott signed House Bill 1950, introducing a new funding structure for municipal courts in cities under 100,000 in population. The bill went into effect immediately and creates the Municipal Court Building Security and Technology Fund, a consolidated account that simplifies how two key portions of the $14 Local Consolidated Fee (LCF) are managed. 

What Changed? 

Previously, the $14 LCF was divided among four different funds, two of which were: 

  • Municipal Court Building Security Fund 
  • Municipal Court Technology Fund 

HB 1950 consolidates these two into a single fund for eligible cities. The consolidated fund can be used for the same purposes as the separate accounts: enhancing court security and upgrading court technology. 

This gives local governments greater flexibility in managing limited resources while maintaining statutory intent. 

What Hasn’t Changed? 

The Juvenile Case Manager and Court Efficiency fund allocations under the $14 LCF are not affected by HB 1950. 

A Practical Challenge: The Three-Fund Problem 

While future LCF revenue will flow into the new consolidated fund, cities still must manage existing balances in the original security and technology funds under the prior legal restrictions. 

This means that, at least for now, cities under 100,000 will need to maintain three separate accounts: 

  1. Security Fund (for pre-HB 1950 revenue) 
  1. Technology Fund (for pre-HB 1950 revenue) 
  1. Consolidated Security & Technology Fund (for post-HB 1950 revenue) 

Money collected on or after May 29, 2025 must be deposited into the new Consolidated Security and Technology Fund. Money collected May 28, 2025 or earlier must be deposited into the pre-HB 1950 funds (#1 and #2 above) and are subject to the previous usage rules. 

This transitional period may require updates to local financial policies, audit tracking, and fund expenditure practices. 

Why It Matters 

HB 1950 gives small and mid-sized cities the flexibility to use LCF funds where they’re most needed—security or technology—without the rigidity of two separate accounts. But until older funds are exhausted, cities will need to carefully manage multiple accounts to stay compliant. 

TMCEC Welcomes Madison Mondragon as Program Attorney & Deputy Counsel! 

Mark Goodner sat down with Madison Mondragon to discuss her recent arrival at TMCEC. 

MG: Madison, welcome to the TMCEC team! You’ve now been with us for three weeks or so. What’s it been like getting started, and what have you been focusing on during your first days here? 

MM: It has been a great time diving headfirst into work and learning all things municipal courts. Everyone on the team at TMCEC has graciously answered my questions and made me feel at home. Even in my short time at TMCEC, I have seen how the fundamental rights of citizens are implicated each day in municipal court. As I learn about the municipal courts, I appreciate how the system weighs efficiency, fairness, and meeting those interacting with the court where they are.  

MG: You bring a great mix of legal experience and energy to our team. Tell us a little about your background—what kind of legal work have you done before coming to TMCEC? 

MM: Before joining TMCEC I practiced family law here in Austin. It is a refreshing change of pace to work with our constituents as a resource rather than just while engaging in such tense litigation.  

MG: You’re jumping in quickly! You’ll be presenting on Morning Coffee and at the Court Administrators and Prosecutors Seminar in just your first few weeks. What are you most excited to work on in your early time here? 

MM: Before I began working at TMCEC, I did not appreciate how wide ranging the implications of municipal courts were. My first day at work, I opened a desk drawer and saw a pocket-sized Constitution of the United States. I thought to myself, ‘I won’t be looking at that but nice to have it around.’ It turns out that I was wrong, the next day we were reviewing the First, Sixth, and Fourteenth amendments. This week I have been tracking legislation in Texas. Each day I hear the legal calls from across the state and the ensuing office discussion analyzing issues from each angle. Getting to learn something new each day that helps serve our constituents has been exciting and I can’t wait to see what the future brings! 

MG: We always love learning what makes our team tick beyond the resume. What would you like TMCEC’s constituents to know about you—whether professionally, personally, or both? 

MM: I’m a seventh generation Texas with roots back to the Republic of Texas, but I have a deep connection to New Orleans, Louisiana where I attended law school. I’m a member of the Krewe of Cleopatra and this past year I took my six-month old son to his first Mardi Gras! 

MG: Thanks for taking the time to chat with me for the blog. I’m sure our readers will look forward to meeting you in person at one of our upcoming programs! 

Protections Regarding Fines and Fees in Chapter 45A: Safeguarding Justice for All

Municipal courts in Texas are tasked with ensuring fair and equitable treatment for all defendants, particularly those unable to pay fines and court costs due to indigence. With the implementation of Chapter 45A of the Texas Code of Criminal Procedure, the procedural safeguards for indigent defendants have been reorganized. This blog highlights some key protections in Chapter 45A and explains the legal distinction between waiving fines and waiving court costs.

Key Protections and Procedural Safeguards in Chapter 45A

  1. Assessment of Indigence
    Under Art. 45A.252, when a defendant enters a plea in open court, courts must evaluate the defendant’s financial situation to determine their ability to pay fines and court costs. This step allows for a meaningful sentence that is tailored to the individual case.
  2. Community Service as an Alternative
    Courts may permit defendants with insufficient resources or income to discharge fines and court costs through community service under Art. 45A.254.
  3. Waiver of Fines and Costs
    Courts have the authority to waive fines and court costs for defendants under specific conditions:
    • Fines: Waiving fines requires a finding that the defendant is indigent and that other alternatives, such as community service, would impose an undue hardship (Art. 45A.257(a)).
    • Court Costs: Waiving court costs does not require a finding of undue hardship. Courts may waive court costs based solely on indigence (or if the defendant was a child at the time of the offense) (Art. 45A.257(c)).
  4. Prohibition Against Incarceration for Nonpayment
    Under Art. 45A.261, a court cannot confine a defendant in jail after failure to pay fines or costs unless, after notice and hearing, it determines a defendant is not indigent and also failed to make a good faith effort to discharge the sentence. Indigent defendants can only be confined if they fail to make a good faith effort to discharge through community service AND the court finds that they could have done so without experiencing any undue hardship. This follow the principle of Bearden v. Georgia that the nonpayment (or failure to discharge) must be willful before incarceration is a possibility.
  5. Special Provisions for Juveniles
    Under Art. 45A.459, courts may provide additional flexibility for juveniles, such as educational programs or community service to discharge fines and costs, instead of monetary penalties.

Join TMCEC’s Virtual Clinic: Fines, Fees, and Costs Revisited

To learn more about these protections and how to apply them in practice, register for TMCEC’s 4-Hour Virtual Clinic: Fines, Fees, and Costs Revisited, taking place on Wednesday, January 29, 2025, from 1:00 to 5:00 p.m.

Key Details:

  • Date: January 29, 2025
  • Time: 1:00 – 5:00 p.m.
  • Location: Online (via TMCEC’s Online Learning Center)
  • Cost: $100 (Optional CLE reporting fee: $50)

This clinic will cover the foundational principles from the 2017 Special Topic Session and explore key updates from SB 1913 and HB 351, which transformed how courts address indigence and alternative sentencing.

How to Register:
Visit register.tmcec.com, log in, and select the virtual clinic under “Live Courses.” Seats are limited, so sign up today!

Let TMCEC help you navigate the evolving landscape of fines, fees, and costs. We look forward to seeing you online!

Youth Diversion Plans: Elements to Consider

January 1, 2025 will be here before we know it. By that date, a youth diversion plan must be adopted by each municipal court in Texas. It must be a written plan that describes the types of strategies that will be used to implement youth diversion, and it must be maintained on file for public inspection. It should be noted that the plan is NOT a limitation on what can be a part of a diversion agreement.

Municipal court personnel should check out TMCEC Youth Diversion page. There, you will find many valuable resources including a checklist, a flowchart, sample forms, and multiple sample diversion plans.

Each court is different. The diversion plan for your court should be tailored to your specific needs, resources, and capabilities. Article 45.306 of the Code of Criminal Procedure lays out the general requirements of a diversion plan. You might consider some of the elements listed below for inclusion in your plan.

(1) Purpose and Goals

  • Clear statement of the purpose of the plan (e.g., reducing recidivism, improving youth outcomes)
  • Measurable objectives that align with community safety and youth accountability

(2) Eligibility Criteria

  • Eligible child definition
  • Eligible offenses
  • Exclusions

(3) Diversion Strategies

  • List of available strategies (e.g., counseling, community service, educational programs)
  • Flexibility to customize strategies based on individual cases and needs
  • Guidelines for implementing both intermediate and judicial diversion

(4) Role of the Youth Diversion Coordinator

  • Designation of coordinator(s) responsible for managing the diversion program
  • Duties (e.g., eligibility checks, monitoring compliance, liaising with parents/guardians)

(5) Consent and Agreement Protocols

  • Process for obtaining consent from the child and parent/guardian
  • Other required steps (e.g., notification of rights)

(6) Confidentiality Measures

  • Protocols for handling sensitive information and ensuring records remain confidential
  • Procedures for expunging records when the child turns 18

(7) Collaboration and Partnerships

  • Potential partnerships with schools, local mental health agencies, and other community resources
  • Provisions for entering into Interlocal Agreements to share resources and expand diversion options

(8) Funding and Resources

  • Identification of funding sources (e.g., Local Youth Diversion Fund, administrative fees)
  • Plan for resource allocation to support diversion activities (e.g., staff training, service providers)

(9) Evaluation and Monitoring

  • Metrics for tracking success (e.g., compliance rates, recidivism)
  • Periodic review process to assess program effectiveness and make adjustments

Download the word document below for a full resource of elements and sample language for each one.

Youth Diversion Elements and Sample LanguageDownload

Celebrating Excellence: The Inaugural Class of TMCEC’s Prosecutor Professionalism Program

The Texas Municipal Courts Education Center (TMCEC) is proud to celebrate a major milestone in our continued effort to support and elevate the standard of municipal prosecution across Texas. In 2024, we recognize 17 members of the inaugural class of the TMCEC Prosecutor Professionalism Program—a group of dedicated professionals who have demonstrated a commitment to excellence in their field.

About the Program

Launched as an initiative to enhance the proficiency and professionalism of municipal prosecutors, the TMCEC Prosecutor Professionalism Program acknowledges those current municipal prosecutors who invested in their professional growth by completing 20 hours of TMCEC specialized education within an academic year, including 16 hours at a Prosecutors Seminar and an additional 4 hours through TMCEC webinars or in-person or virtual training.

Prosecutors that met these requirements will be recognized in TMCEC publications (Full Court Press and The Recorder) and be presented with a certificate acknowledging their accomplishments. This public recognition is well-earned and symbolizes the prosecutor’s dedication to ethical and informed practice in service to their communities.

The Inaugural 2024 Class: Leading the Way

These trailblazing prosecutors have set the bar high for their peers and demonstrated a strong commitment to ongoing education and the pursuit of excellence in municipal prosecution. Their dedication ensures that justice in municipal courts is not only upheld but delivered with the highest level of competence and ethics. This achievement marks an important step for each member and represents their leadership in municipal prosecution. Members of the inaugural class include:

NameCity
Floyd M. AkersHearne
Carlos L. ArmendarizEl Paso
Gary F. BeauchampPanorama Village
Andrew W. HagenBig Spring
Donald KubicekPortland
Pamela ListonDecatur
Craig A. MagnusonLake Worth
William M. MasonOdessa
Tracy A. MiddletonMeadows Place
David OvercashAnna, Fate
Eric A. RobicheauxOdessa
William L. TatschKerrville
Amar ThakrarGrand Prairie
Tiffany L. ThomasBryan
Timothy WellsGrand Prairie
Adam L. WestVictoria
Ashley P. YatesLongview

Adapting for Broader Participation: Updated Requirements for 2025 and Beyond

In response to feedback from various cities that expressed challenges in allowing all their prosecutors to attend a seminar annually due to scheduling and budget constraints, TMCEC has made adjustments to the program requirements. Starting with the 2025 class, membership in the Prosecutor Professionalism Program will require municipal prosecutors to complete a total of 20 hours of education from TMCEC within two consecutive academic years, which must include a full 16-hour Prosecutors Seminar.

These changes are designed to make the program more accessible to prosecutors throughout Texas. We believe this adjustment will allow a greater number of municipal prosecutors to participate, ensuring that the benefits of advanced training and recognition are available to everyone that is interested.

Continuing Excellence: The 2024 Class and Beyond

With this change, we are thrilled to announce that every member of the 2024 inaugural class will also be included in the 2025 class. Their continued commitment exemplifies the essence of the program: fostering a culture of professionalism, continuous learning, and leadership.

TMCEC is committed to supporting municipal prosecutors in their pursuit of excellence and is excited to see the positive impact this program will continue to have on the quality of justice in Texas municipal courts. The success of the inaugural class and new increased access to the program signifies TMCEC’s dedication to growth, adaptability, and excellence in public service.

Congratulations to the 2024 inaugural class! Your hard work, dedication, and leadership are a testament to the vital role prosecutors play in our justice system. We look forward to welcoming more municipal prosecutors into the Program and the continued evolution of this impactful program.

The Silver Tsunami and Its Impact on Driving Safety: A Challenge for Texas Municipal Courts

A dozen years ago, TMCEC presented a class on the “Silver Tsunami,” a term describing the growing wave of older adults in our population. The wave continues to grow and the implications for public safety, especially driving safety, are becoming more evident. This demographic shift is raising important questions for municipal courts across the state. With the majority of the Baby Boomer generation now squarely in their retirement years, the way we address traffic violations, accidents, and driver competency among aging drivers will need thoughtful consideration and tailored approaches.

Understanding the Silver Tsunami in Texas

The Silver Tsunami refers to the rapid increase in the senior population, with Baby Boomers—those born between 1946 and 1964—reaching ages where driving can become more challenging due to age-related changes in vision, reaction time, and cognitive function. According to the Texas Demographic Center, the percentage of Texans aged 65 and older is expected to nearly double by 2050. This presents multiple issues related to infrastructure, healthcare, and, crucially, road safety.

Municipal courts often serve on the frontlines of handling traffic violations and accidents, which makes them uniquely positioned to address the safety concerns associated with aging drivers.

How Aging Affects Driving Abilities

As people age, physical and cognitive changes can affect their driving skills, including:

  • Slower Reaction Times: Older adults may take longer to react to sudden changes on the road, such as a pedestrian crossing or a vehicle stopping abruptly.
  • Vision Decline: Night vision, peripheral vision, and depth perception tend to decline with age, making it harder for older drivers to navigate complex traffic situations.
  • Hearing Loss: Many older adults experience some degree of hearing loss, which can prevent them from hearing horns, sirens, or other important traffic signals.
  • Cognitive Decline: Mild cognitive impairment, dementia, or early-stage Alzheimer’s disease may affect an older driver’s judgment, memory, and ability to concentrate, increasing the likelihood of errors behind the wheel.
  • Physical Limitations: Conditions like arthritis can make it difficult to turn the wheel, press pedals, or look over one’s shoulder when changing lanes.

Impact on Driving Safety in Texas

With the increase in older drivers on the road, Texas is likely to see more cases involving elderly drivers who may not be able to operate vehicles safely. According to the National Highway Traffic Safety Administration (NHTSA), older drivers are statistically more likely to be involved in accidents at intersections, in left-hand turns, or during merging—situations that require fast decision-making and coordination.

Preparing for the Silver Tsunami

The Silver Tsunami is already here, and Texas municipal courts will play a vital role in ensuring that our roads remain safe while respecting the dignity and independence of aging drivers. For Texas municipal court personnel, staying informed about the unique needs of aging drivers, working closely with local law enforcement and social services, and implementing proactive strategies will be key to navigating this demographic shift. The wave may be inevitable, but how we respond will make all the difference.

Attend the Silver and Safe Webinar on November 7, 2024

Presented by Cindy Kovar, Program Manager of Texas A&M’s AgriLife Extension’s Silver Drivers Safe Texas, Silver and Safe will provide general information that municipal judges and other personnel need to know related to keeping older drivers as safe as possible. Topics covered will include failure to control speed, seatbelt use, distracted and impaired driving, technology, and vehicle safety features. The Texas A&M AgriLife Extension Service Mature Driver Program’s existing partnership with numerous municipal courts will also be covered. This partnership includes a course for defendants aged 55+ charged with traffic offenses.

By the end of this webinar, participants will be able to:

1) Describe the traffic safety concerns for drivers aged 55 and over;

2) Discuss how municipal courts can help address these concerns; and

3) Explain how partnerships between the Texas A&M AgriLife Extension Service Mature Driver Program and municipal courts operate.

We hope to see you there! Register today.

For help with webinar registration, see our new resources highlighted here.

Webinar Tutorial

TMCEC recently changed our Learning Management System for our Online Learning Center (OLC). Our new provider, Top Class, communicates directly with our database, so users will see credits on their transcripts quickly and reliably.

If you haven’t attended a webinar yet on the new system, it may be a little different than you’re used to. We’d like to make it as easy as possible. We’ve created three new resources. They all live on our website here.

See the Live Webinar walk-through if you like watching webinars live on Thursday mornings.

If you prefer to watch webinars at a time of your choosing, you’ll want to see the on demand walk-through.

Finally, if you’d rather read the instructions, you can download and print the instructions below!

How to register and access webinars (1)Download

We look forward to seeing you on the OLC!