HB 2282

Overall Vote Recommendation
No
Principle Criteria
neutral
Free Enterprise
negative
Property Rights
neutral
Personal Responsibility
negative
Limited Government
negative
Individual Liberty
Digest
HB 2282 proposes to amend Article 102.011(a) of the Texas Code of Criminal Procedure to increase the reimbursement fee that a convicted defendant must pay when a peace officer executes or processes an arrest warrant, capias, or capias pro fine. Specifically, the fee would rise from $50 to $75. This fee is intended to help defray the costs incurred by law enforcement agencies during the execution or processing of arrest-related procedures.

The bill outlines two scenarios in which the fee may be imposed: first, when a law enforcement agency executes the warrant or capias and requests the fee within 15 days of execution; and second, when a different agency processes the paperwork if the executing agency either does not request the fee within the timeframe or if the warrant is not executed at all. This ensures that the financial responsibility for law enforcement activity is still allocated, even if arrest execution does not occur.

Importantly, the bill includes a provision clarifying that the increased fee will apply only to offenses committed on or after its effective date, which is set for September 1, 2025. Offenses committed prior to this date remain subject to the prior $50 fee, preserving the application of existing law for earlier cases.

Overall, HB 2282 represents a targeted adjustment to the state's system of post-conviction cost recovery, aiming to increase funding for law enforcement through higher fees assessed on individuals convicted of offenses requiring warrant processing or execution.
Author (5)
Janie Lopez
Sam Harless
David Cook
Rhetta Bowers
Carl Tepper
Sponsor (1)
Charles Perry
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2282 would increase the reimbursement fee a defendant must pay for the execution or processing of an arrest warrant, capias, or capias pro fine from $50 to $75. The fiscal impact of this change primarily affects local law enforcement agencies and, potentially, the judiciary system, as these fees are generally collected at the county or municipal level.

The bill would result in increased revenue for local law enforcement agencies, as they would collect an additional $25 per applicable case upon conviction. These fees are designed to offset the operational costs of serving warrants and processing arrests. Given the large volume of misdemeanor and felony cases involving arrest warrants across Texas, the cumulative increase could be significant for law enforcement budgets—especially in urban counties with high arrest rates. However, the actual revenue gain would depend on the number of convictions and timely requests by agencies for fee imposition, as required within 15 days of execution.

There are no significant costs to the state anticipated as a direct result of implementing this bill. Administrative costs to local courts and clerks' offices might marginally increase to accommodate fee adjustments and ensure timely tracking of requests by law enforcement agencies, but these costs are likely negligible and may be offset by the added revenue.

Because the bill includes a delayed effective date (September 1, 2025) and a grandfather clause protecting fees assessed before that date, it allows courts and agencies sufficient time to update systems and processes to accommodate the new fee schedule without abrupt fiscal disruptions.

Vote Recommendation Notes

HB 2282 proposes to increase the reimbursement fee from $50 to $75 for the execution or processing of an arrest warrant, capias, or capias pro fine when a defendant is convicted of a felony or misdemeanor. The stated purpose of the bill is to account for inflationary cost increases faced by law enforcement agencies, thereby helping to offset expenses related to warrant execution and processing.

While the bill does not expand government bureaucratically or authorize new regulatory powers, it does broaden the financial role of government in the criminal justice process. By increasing a mandatory fee imposed only on those convicted, it further entrenches a system of revenue generation from justice-involved individuals—many of whom may already face financial hardship. In effect, the bill increases the government's extractive authority without introducing procedural safeguards or means-testing to ensure fairness or proportionality. This indirect expansion of the state's financial reach challenges the principle of limited government.

Additionally, while the bill does not raise general taxes, it does increase the burden on a specific subset of individuals—convicted defendants—by mandating higher court costs. This increased financial obligation can have regressive impacts, particularly on low-income populations, and risks turning the justice system into a tool for indirect taxation. These concerns are heightened by the flat-rate nature of the fee, which does not adjust based on the complexity of the case or ability to pay.

The bill also increases the regulatory burden on individuals, though not in the conventional sense. It imposes higher state-mandated costs through the justice system without offering enhanced services or efficiencies in return. It does not impose any new burden on private businesses.

In summary, HB 2282 introduces a seemingly modest fee increase, but in doing so it incrementally expands the financial scope of government within the criminal justice system and increases the economic burden on individuals post-conviction. These impacts, while indirect, run counter to the principles of limited government, individual liberty, and proportional justice, and for these reasons, Texas Policy Research recommends that lawmakers vote NO on HB 2282.

  • Individual Liberty: This bill increases the financial burden on people who have been convicted of a crime by raising a mandatory court fee. While it applies post-conviction (so it doesn’t directly infringe due process), the added cost can deepen the cycle of debt and punishment, particularly for low-income individuals. It reduces an individual’s financial freedom after completing their legal proceedings and may hinder rehabilitation or reintegration.
  • Personal Responsibility: The bill reinforces the idea that individuals should bear the cost of their actions—specifically, that people should pay for the law enforcement resources used to process their arrest. However, since the fee is a flat amount regardless of someone’s ability to pay, it may not align with a fair or responsible standard of justice. A one-size-fits-all fee doesn’t account for the economic reality of many defendants, weakening the argument that it's about responsibility rather than revenue.
  • Free Enterprise: There is no direct effect on private businesses or market competition. Indirectly, though, when individuals are burdened with higher fees and potential debt, it can reduce their economic participation and upward mobility, which can ripple through local economies.
  • Private Property Rights: The bill authorizes the government to collect more money from individuals through the justice system. Although this isn’t a property seizure, it does represent a compulsory financial transfer from individuals to the state. The fee increase functions as a quasi-tax on those convicted of a crime, diminishing individuals’ control over their personal financial resources.
  • Limited Government: HB 2282 does not add new programs or agencies, but it expands government’s financial reach by extracting more money from individuals through the criminal justice process. This represents a form of government growth through increased revenue collection, not through taxation or appropriation, but via court-imposed fees. It blurs the line between justice and revenue generation—something at odds with limited government ideals.
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