81R3148 KCR-D
By: Gonzalez Toureilles H.B. No. 755
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the county and district court
technology 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 102.0169 to read as
follows:
Art. 102.0169. COURT COSTS; COUNTY AND DISTRICT COURT
TECHNOLOGY FUND. (a) A defendant convicted of a criminal offense in
a county court, statutory county court, or district court shall pay
a $4 county and district court technology fee 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; 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 county and district court technology fund.
(d) A fund designated by this article may be used only to
finance:
(1) the cost of continuing education and training for
county court, statutory county court, or district court judges and
clerks regarding technological enhancements for those courts; and
(2) the purchase and maintenance of technological
enhancements for a county court, statutory county court, or
district court, including:
(A) computer systems;
(B) computer networks;
(C) computer hardware;
(D) computer software;
(E) imaging systems;
(F) electronic kiosks; and
(G) docket management systems.
(e) The county and district court technology fund shall be
administered by or under the direction of the commissioners court
of the county.
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, and is further
amended 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 county and district court technology fee (Art.
102.0169, Code of Criminal Procedure). . .$4;
(5) a security fee on a felony offense (Art. 102.017,
Code of Criminal Procedure) . . . $5;
(6) [(5)] a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) . . . $3; and
(7) [(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. (a) Section 102.061, Government Code, as
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
Legislature, Regular Session, 2007, is amended to conform to the
amendments made to Section 102.061, Government Code, by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, and is further amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
statutory county 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 services of the clerk of the court (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 county and district court technology fee (Art.
102.0169, Code of Criminal Procedure). . .$4;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(6) [(5)] a juvenile delinquency prevention and
graffiti eradication fee (Art. 102.0171, Code of Criminal
Procedure) . . . $50 [$5]; and
(7) [(6)] a juvenile case manager fee (Art. 102.0174,
Code of Criminal Procedure) . . . not to exceed $5.
(b) Section 102.061, Government Code, as amended by Chapter
1053, Acts of the 80th Legislature, Regular Session, 2007, is
repealed. Section 102.061, Government Code, as reenacted and
amended by Chapter 921, Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION 4. (a) Section 102.081, 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
to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
Acts of the 80th Legislature, Regular Session, 2007, and is further
amended to read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
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 county and district court technology fee (Art.
102.0169, Code of Criminal Procedure). . .$4;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(6) [(5)] a juvenile delinquency prevention and
graffiti eradication fee (Art. 102.0171, Code of Criminal
Procedure) . . . $50 [$5]; and
(7) [(6)] a juvenile case manager fee (Art. 102.0174,
Code of Criminal Procedure) . . . not to exceed $5.
(b) Section 102.081, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.081, 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 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.