81R6463 GCB-D
By: Eiland H.B. No. 1284
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a court record preservation fund;
imposing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0051 to read as
follows:
Art. 102.0051. COURT COSTS; COURT RECORD PRESERVATION FUND.
(a) A defendant convicted of a criminal offense in a county court,
statutory county court, or district court shall pay a court record
preservation fee not to exceed $10 as a cost of court.
(b) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision,
including deferred adjudication community supervision; or
(3) the court defers final disposition of the person's
case.
(c) The clerks of the courts described by Subsection (a)
shall collect the costs and pay them to the county treasurer or to
any other official who discharges the duties commonly delegated to
the county treasurer, as appropriate, for deposit in a fund to be
known as the court record preservation fund.
(d) A fund designated by this article may be used only to
digitize court records and preserve the records from natural
disasters.
(e) The court record preservation fund shall be
administered by or under the direction of the commissioners court
of the county.
SECTION 2. Subchapter C, Chapter 102, Government Code, is
amended by adding Section 102.0411 to read as follows:
Sec. 102.0411. COURT RECORD PRESERVATION FEE ON CONVICTION
IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
district court shall collect from a defendant a court record
preservation fee not to exceed $10 under Article 102.0051, Code of
Criminal Procedure, on conviction.
SECTION 3. Subchapter D, Chapter 102, Government Code, is
amended by adding Section 102.0611 to read as follows:
Sec. 102.0611. COURT RECORD PRESERVATION FEE ON CONVICTION
IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk
of a statutory county court shall collect from a defendant a court
record preservation fee not to exceed $10 under Article 102.0051,
Code of Criminal Procedure, on conviction.
SECTION 4. Subchapter E, Chapter 102, Government Code, is
amended by adding Section 102.0811 to read as follows:
Sec. 102.0811. COURT RECORD PRESERVATION FEE ON CONVICTION
IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
court shall collect from a defendant a court record preservation
fee not to exceed $10 under Article 102.0051, Code of Criminal
Procedure, on conviction.
SECTION 5. The change in law made by this Act applies only
to a cost on conviction for an offense committed on or after the
effective date of this Act. A cost on conviction for an offense
committed before the effective date of this Act is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 6. This Act takes effect September 1, 2009.