Texas 2009 - 81st Regular

Texas House Bill HB4190 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10967 YDB-D
2	2	By: Gonzales H.B. No. 4190
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to court costs imposed on conviction and deposited to the
8	8	appropriate courthouse security fund or court building security
9	9	fund.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Articles 102.017(a) and (b), Code of Criminal
12	12	Procedure, are amended to read as follows:
13	13	(a) A defendant convicted of a felony offense in a district
14	14	court shall pay a $10 [$5] security fee as a cost of court.
15	15	(b) A defendant convicted of a misdemeanor offense in a
16	16	county court, county court at law, or district court shall pay an $8
17	17	[a $3] security fee as a cost of court. A defendant convicted of a
18	18	misdemeanor offense in a justice court shall pay a $9 [$4] security
19	19	fee as a cost of court. The governing body of a municipality by
20	20	ordinance may create a municipal court building security fund and
21	21	may require a defendant convicted of a misdemeanor offense in a
22	22	municipal court to pay an $8 [a $3] security fee as a cost of court.
23	23	SECTION 2. (a) Section 102.041, Government Code, as
24	24	amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
25	25	Regular Session, 2007, is amended to conform to the amendments made
26	26	by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular
27	27	Session, 2007, to Section 102.041, Government Code, to read as
28	28	follows:
29	29	Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
30	30	DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district
31	31	court shall collect fees and costs under the Code of Criminal
32	32	Procedure on conviction of a defendant as follows:
33	33	(1) a jury fee (Art. 102.004, Code of Criminal
34	34	Procedure) . . . $20;
35	35	(2) a fee for clerk of the court services (Art.
36	36	102.005, Code of Criminal Procedure) . . . $40;
37	37	(3) a records management and preservation services fee
38	38	(Art. 102.005, Code of Criminal Procedure) . . . $25;
39	39	(4) a security fee on a felony offense (Art. 102.017,
40	40	Code of Criminal Procedure) . . . $10 [$5];
41	41	(5) a security fee on a misdemeanor offense (Art.
42	42	102.017, Code of Criminal Procedure) . . . $8 [$3]; and
43	43	(6) a juvenile delinquency prevention and graffiti
44	44	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
45	45	$50 [$5].
46	46	(b) Section 102.041, Government Code, as amended by Chapter
47	47	1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
48	48	2007, is repealed. Section 102.041, Government Code, as amended by
49	49	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
50	50	Session, 2007, to reorganize and renumber that section, continues
51	51	in effect as further amended by this section.
52	52	SECTION 3. Section 102.101, Government Code, is amended to
53	53	read as follows:
54	54	Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
55	55	JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
56	56	court shall collect fees and costs under the Code of Criminal
57	57	Procedure on conviction of a defendant as follows:
58	58	(1) a jury fee (Art. 102.004, Code of Criminal
59	59	Procedure) . . . $3;
60	60	(2) a fee for withdrawing request for jury less than 24
61	61	hours before time of trial (Art. 102.004, Code of Criminal
62	62	Procedure) . . . $3;
63	63	(3) a jury fee for two or more defendants tried jointly
64	64	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of
65	65	$3;
66	66	(4) a security fee on a misdemeanor offense
67	67	(Art. 102.017, Code of Criminal Procedure) . . . $9 [$4];
68	68	(5) a fee for technology fund on a misdemeanor offense
69	69	(Art. 102.0173, Code of Criminal Procedure) . . . $4;
70	70	(6) a juvenile case manager fee (Art. 102.0174, Code
71	71	of Criminal Procedure) . . . not to exceed $5;
72	72	(7) a fee on conviction of certain offenses involving
73	73	issuing or passing a subsequently dishonored check (Art. 102.0071,
74	74	Code of Criminal Procedure) . . . not to exceed $30; and
75	75	(8) a court cost on conviction of a Class C misdemeanor
76	76	in a county with a population of 3.3 million or more, if authorized
77	77	by the county commissioners court (Art. 102.009, Code of Criminal
78	78	Procedure) . . . not to exceed $7.
79	79	SECTION 4. Section 102.121, Government Code, is amended to
80	80	read as follows:
81	81	Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
82	82	MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
83	83	municipal court shall collect fees and costs on conviction of a
84	84	defendant as follows:
85	85	(1) a jury fee (Art. 102.004, Code of Criminal
86	86	Procedure) . . . $3;
87	87	(2) a fee for withdrawing request for jury less than 24
88	88	hours before time of trial (Art. 102.004, Code of Criminal
89	89	Procedure) . . . $3;
90	90	(3) a jury fee for two or more defendants tried jointly
91	91	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of
92	92	$3;
93	93	(4) a security fee on a misdemeanor offense
94	94	(Art. 102.017, Code of Criminal Procedure) . . . $8 [$3];
95	95	(5) a fee for technology fund on a misdemeanor offense
96	96	(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
97	97	and
98	98	(6) a juvenile case manager fee (Art. 102.0174, Code
99	99	of Criminal Procedure) . . . not to exceed $5.
100	100	SECTION 5. The change in law made by this Act applies only
101	101	to court costs imposed on conviction of an offense committed on or
102	102	after the effective date of this Act. For purposes of this section,
103	103	an offense is committed before the effective date of this Act if any
104	104	element of the offense occurs before that date. Court costs imposed
105	105	on conviction of an offense committed before the effective date of
106	106	this Act are governed by the law in effect on the date the offense
107	107	was committed, and the former law is continued in effect for that
108	108	purpose.
109	109	SECTION 6. This Act takes effect September 1, 2009.