Appeal from the 264th District Court Bell County, [*] Texas Trial Court
Case No. 78928.
consists of Justices Keyes, Kelly, and Goodman.
Kremplewski contends that 90 percent of the $25 time-payment
fee imposed on him as court costs is unconstitutional because
it violates the separation-of-powers clause of the Texas
Constitution. We agree. We thus modify the trial court's
judgment to reduce this fee to $2.50 and affirm the judgment
pleaded guilty to possession of a controlled substance,
methamphetamine, in an amount of less than one gram.
See Tex. Health & Safety Code §§
481.102(6), 481.115(a), (b). The trial court imposed court
costs on Kremplewski in the judgment of conviction. One of
these costs, memorialized in a separate bill, was a
time-payment fee of $25, which was automatically imposed by
statute because Kremplewski did not pay court costs within 30
days of the entry of the judgment. See Tex. Loc.
Gov't Code § 133.103(a).
contends that 90 percent of the time-payment fee imposed by
section 133.103(a) of the Local Government Code is
unconstitutional on its face because it violates the
separation-of-powers clause of the Texas Constitution.
review constitutional challenges to a statute de novo.
VanDyke v. State, 538 S.W.3d 561, 570 (Tex. Crim.
App. 2017); see also Ex parte Lo, 424 S.W.3d 10, 14
(Tex. Crim. App. 2013) (facial challenges to statutes
reviewed de novo).
as here, a litigant claims that a statute is facially
unconstitutional, we consider the statute as it is written,
rather than any particular application of it. Peraza v.
State, 467 S.W.3d 508, 514-15 (Tex. Crim. App. 2015). A
claim of facial unconstitutionality asserts that the statute
is unconstitutional in all possible circumstances.
Salinas v. State, 464 S.W.3d 363, 367 (Tex. Crim.
Texas Constitution mandates the separation of powers in our
The powers of the Government of the State of Texas shall be
divided into three distinct departments, each of which shall
be confided to a separate body of magistracy, to wit: Those
which are Legislative to one; those which are Executive to
another, and those which are Judicial to another; and no
person, or collection of persons, being of one of these
departments, shall exercise any power ...