81R10967 YDB-D
By: Gonzales H.B. No. 4190
A BILL TO BE ENTITLED
AN ACT
relating to court costs imposed on conviction and deposited to the
appropriate courthouse security fund or court building security
fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 102.017(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) A defendant convicted of a felony offense in a district
court shall pay a $10 [$5] security fee as a cost of court.
(b) A defendant convicted of a misdemeanor offense in a
county court, county court at law, or district court shall pay an $8
[a $3] security fee as a cost of court. A defendant convicted of a
misdemeanor offense in a justice court shall pay a $9 [$4] security
fee as a cost of court. The governing body of a municipality by
ordinance may create a municipal court building security fund and
may require a defendant convicted of a misdemeanor offense in a
municipal court to pay an $8 [a $3] security fee as a cost of court.
SECTION 2. (a) Section 102.041, Government Code, as
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
Regular Session, 2007, is amended to conform to the amendments made
by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular
Session, 2007, to Section 102.041, Government Code, to read as
follows:
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a felony offense (Art. 102.017,
Code of Criminal Procedure) . . . $10 [$5];
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $8 [$3]; and
(6) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50 [$5].
(b) Section 102.041, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.041, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION 3. Section 102.101, Government Code, is amended to
read as follows:
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of
$3;
(4) a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) . . . $9 [$4];
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . $4;
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5;
(7) a fee on conviction of certain offenses involving
issuing or passing a subsequently dishonored check (Art. 102.0071,
Code of Criminal Procedure) . . . not to exceed $30; and
(8) a court cost on conviction of a Class C misdemeanor
in a county with a population of 3.3 million or more, if authorized
by the county commissioners court (Art. 102.009, Code of Criminal
Procedure) . . . not to exceed $7.
SECTION 4. Section 102.121, Government Code, is amended to
read as follows:
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
municipal court shall collect fees and costs on conviction of a
defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of
$3;
(4) a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) . . . $8 [$3];
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
and
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5.
SECTION 5. The change in law made by this Act applies only
to court costs imposed on conviction of an offense committed on or
after the effective date of this Act. For purposes of this section,
an offense is committed before the effective date of this Act if any
element of the offense occurs before that date. Court costs imposed
on conviction of an offense committed before the effective date of
this Act are governed by the law in effect on the date the offense
was committed, and the former law is continued in effect for that
purpose.
SECTION 6. This Act takes effect September 1, 2009.