81R912 HLT-D
By: Bolton H.B. No. 1531
A BILL TO BE ENTITLED
AN ACT
relating to the amount of the fee paid by a defendant for a peace
officer's services in executing or processing an arrest warrant,
capias, or capias pro fine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.011(a), Code of Criminal Procedure,
as amended by Sections 20 and 21, Chapter 1263, Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(a) A defendant convicted of a felony or a misdemeanor shall
pay the following fees for services performed in the case by a peace
officer:
(1) $5 for issuing a written notice to appear in court
following the defendant's violation of a traffic law, municipal
ordinance, or penal law of this state, or for making an arrest
without a warrant;
(2) $75 [$50] for executing or processing an issued
arrest warrant, capias, or capias pro fine with the fee imposed for
the services of:
(A) the law enforcement agency that executed the
arrest warrant or capias, if the agency requests of the court, not
later than the 15th day after the date of the execution of the
arrest warrant or capias, the imposition of the fee on conviction;
or
(B) the law enforcement agency that processed the
arrest warrant or capias, if:
(i) the arrest warrant or capias was not
executed; or
(ii) the executing law enforcement agency
failed to request the fee within the period required by Paragraph
(A) of this subdivision;
(3) $5 for summoning a witness;
(4) $35 for serving a writ not otherwise listed in this
article;
(5) $10 for taking and approving a bond and, if
necessary, returning the bond to the courthouse;
(6) $5 for commitment or release;
(7) $5 for summoning a jury, if a jury is summoned;
and
(8) $8 for each day's attendance of a prisoner in a
habeas corpus case if the prisoner has been remanded to custody or
held to bail.
SECTION 2. The change in law made by this Act applies only
to a fee imposed for the execution or processing of a warrant,
capias, or capias pro fine issued for an offense committed on or
after the effective date of this Act. A fee imposed for the
execution or processing of a warrant, capias, or capias pro fine
issued 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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2009.