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Texas House Bill HB755

Texas 2009 - 81st Regular

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11 81R3148 KCR-D
22 By: Gonzalez Toureilles, Cook, Homer H.B. No. 755
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the county and district court
88 technology fund; imposing a fee.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter A, Chapter 102, Code of Criminal
1111 Procedure, is amended by adding Article 102.0169 to read as
1212 follows:
1313 Art. 102.0169. COURT COSTS; COUNTY AND DISTRICT COURT
1414 TECHNOLOGY FUND. (a) A defendant convicted of a criminal offense in
1515 a county court, statutory county court, or district court shall pay
1616 a $4 county and district court technology fee as a cost of court.
1717 (b) In this article, a person is considered convicted if:
1818 (1) a sentence is imposed on the person;
1919 (2) the person receives community supervision,
2020 including deferred adjudication; or
2121 (3) the court defers final disposition of the person's
2222 case.
2323 (c) The clerks of the courts described by Subsection (a)
2424 shall collect the costs and pay them to the county treasurer or to
2525 any other official who discharges the duties commonly delegated to
2626 the county treasurer, as appropriate, for deposit in a fund to be
2727 known as the county and district court technology fund.
2828 (d) A fund designated by this article may be used only to
2929 finance:
3030 (1) the cost of continuing education and training for
3131 county court, statutory county court, or district court judges and
3232 clerks regarding technological enhancements for those courts; and
3333 (2) the purchase and maintenance of technological
3434 enhancements for a county court, statutory county court, or
3535 district court, including:
3636 (A) computer systems;
3737 (B) computer networks;
3838 (C) computer hardware;
3939 (D) computer software;
4040 (E) imaging systems;
4141 (F) electronic kiosks; and
4242 (G) docket management systems.
4343 (e) The county and district court technology fund shall be
4444 administered by or under the direction of the commissioners court
4545 of the county.
4646 SECTION 2. (a) Section 102.041, Government Code, as
4747 amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
4848 Regular Session, 2007, is amended to conform to the amendments made
4949 by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular
5050 Session, 2007, to Section 102.041, Government Code, and is further
5151 amended to read as follows:
5252 Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
5353 DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district
5454 court shall collect fees and costs under the Code of Criminal
5555 Procedure on conviction of a defendant as follows:
5656 (1) a jury fee (Art. 102.004, Code of Criminal
5757 Procedure) . . . $20;
5858 (2) a fee for clerk of the court services (Art.
5959 102.005, Code of Criminal Procedure) . . . $40;
6060 (3) a records management and preservation services fee
6161 (Art. 102.005, Code of Criminal Procedure) . . . $25;
6262 (4) a county and district court technology fee (Art.
6363 102.0169, Code of Criminal Procedure). . .$4;
6464 (5) a security fee on a felony offense (Art. 102.017,
6565 Code of Criminal Procedure) . . . $5;
6666 (6) [(5)] a security fee on a misdemeanor offense
6767 (Art. 102.017, Code of Criminal Procedure) . . . $3; and
6868 (7) [(6)] a juvenile delinquency prevention and
6969 graffiti eradication fee (Art. 102.0171, Code of Criminal
7070 Procedure) . . . $50 [$5].
7171 (b) Section 102.041, Government Code, as amended by Chapter
7272 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
7373 2007, is repealed. Section 102.041, Government Code, as amended by
7474 Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
7575 Session, 2007, to reorganize and renumber that section, continues
7676 in effect as further amended by this section.
7777 SECTION 3. (a) Section 102.061, Government Code, as
7878 reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
7979 Legislature, Regular Session, 2007, is amended to conform to the
8080 amendments made to Section 102.061, Government Code, by Chapter
8181 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
8282 2007, and is further amended to read as follows:
8383 Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
8484 STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
8585 statutory county court shall collect fees and costs under the Code
8686 of Criminal Procedure on conviction of a defendant as follows:
8787 (1) a jury fee (Art. 102.004, Code of Criminal
8888 Procedure) . . . $20;
8989 (2) a fee for services of the clerk of the court (Art.
9090 102.005, Code of Criminal Procedure) . . . $40;
9191 (3) a records management and preservation services fee
9292 (Art. 102.005, Code of Criminal Procedure) . . . $25;
9393 (4) a county and district court technology fee (Art.
9494 102.0169, Code of Criminal Procedure). . .$4;
9595 (5) a security fee on a misdemeanor offense (Art.
9696 102.017, Code of Criminal Procedure) . . . $3;
9797 (6) [(5)] a juvenile delinquency prevention and
9898 graffiti eradication fee (Art. 102.0171, Code of Criminal
9999 Procedure) . . . $50 [$5]; and
100100 (7) [(6)] a juvenile case manager fee (Art. 102.0174,
101101 Code of Criminal Procedure) . . . not to exceed $5.
102102 (b) Section 102.061, Government Code, as amended by Chapter
103103 1053, Acts of the 80th Legislature, Regular Session, 2007, is
104104 repealed. Section 102.061, Government Code, as reenacted and
105105 amended by Chapter 921, Acts of the 80th Legislature, Regular
106106 Session, 2007, to reorganize and renumber that section, continues
107107 in effect as further amended by this section.
108108 SECTION 4. (a) Section 102.081, Government Code, as
109109 amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
110110 Regular Session, 2007, is amended to conform to the amendments made
111111 to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
112112 Acts of the 80th Legislature, Regular Session, 2007, and is further
113113 amended to read as follows:
114114 Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
115115 COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
116116 court shall collect fees and costs under the Code of Criminal
117117 Procedure on conviction of a defendant as follows:
118118 (1) a jury fee (Art. 102.004, Code of Criminal
119119 Procedure) . . . $20;
120120 (2) a fee for clerk of the court services (Art.
121121 102.005, Code of Criminal Procedure) . . . $40;
122122 (3) a records management and preservation services fee
123123 (Art. 102.005, Code of Criminal Procedure) . . . $25;
124124 (4) a county and district court technology fee (Art.
125125 102.0169, Code of Criminal Procedure). . .$4;
126126 (5) a security fee on a misdemeanor offense (Art.
127127 102.017, Code of Criminal Procedure) . . . $3;
128128 (6) [(5)] a juvenile delinquency prevention and
129129 graffiti eradication fee (Art. 102.0171, Code of Criminal
130130 Procedure) . . . $50 [$5]; and
131131 (7) [(6)] a juvenile case manager fee (Art. 102.0174,
132132 Code of Criminal Procedure) . . . not to exceed $5.
133133 (b) Section 102.081, Government Code, as amended by Chapter
134134 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
135135 2007, is repealed. Section 102.081, Government Code, as amended by
136136 Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
137137 Session, 2007, to reorganize and renumber that section, continues
138138 in effect as further amended by this section.
139139 SECTION 5. The change in law made by this Act applies only
140140 to a cost on conviction for an offense committed on or after the
141141 effective date of this Act. A cost on conviction for an offense
142142 committed before the effective date of this Act is covered by the
143143 law in effect when the offense was committed, and the former law is
144144 continued in effect for that purpose. For purposes of this section,
145145 an offense was committed before the effective date of this Act if
146146 any element of the offense occurred before that date.
147147 SECTION 6. This Act takes effect September 1, 2009.