Texas 2011 - 82nd Regular

Texas House Bill HB1261 Compare Versions

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1	1	82R3428 KFF-F
2	2	By: Thompson H.B. No. 1261
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	municipal court technology fund.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 102.0172(a), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(a) The governing body of a municipality by ordinance may
13	13	create a municipal court technology fund and may require a
14	14	defendant convicted of a misdemeanor offense in a municipal court
15	15	or municipal court of record to pay a technology fee not to exceed
16	16	$5 [$4] as a cost of court.
17	17	SECTION 2. Section 102.121, Government Code, is amended to
18	18	read as follows:
19	19	Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
20	20	MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
21	21	municipal court shall collect fees and costs on conviction of a
22	22	defendant as follows:
23	23	(1) a jury fee (Art. 102.004, Code of Criminal
24	24	Procedure) . . . $3;
25	25	(2) a fee for withdrawing request for jury less than 24
26	26	hours before time of trial (Art. 102.004, Code of Criminal
27	27	Procedure) . . . $3;
28	28	(3) a jury fee for two or more defendants tried jointly
29	29	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
30	30	(4) a security fee on a misdemeanor offense (Art.
31	31	102.017, Code of Criminal Procedure) . . . $3;
32	32	(5) a fee for technology fund on a misdemeanor offense
33	33	(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $5
34	34	[$4];
35	35	(6) a juvenile case manager fee (Art. 102.0174, Code
36	36	of Criminal Procedure) . . . not to exceed $5; and
37	37	(7) a civil justice fee (Art. 102.022, Code of
38	38	Criminal Procedure) . . . $0.10.
39	39	SECTION 3. Section 102.141, Government Code, is amended to
40	40	read as follows:
41	41	Sec. 102.141. ADDITIONAL COURT COSTS IN MUNICIPAL COURT OF
42	42	RECORD: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court
43	43	of record shall collect from a defendant on conviction of a
44	44	misdemeanor offense a fee of not more than $5 [$4] under Article
45	45	102.0172, Code of Criminal Procedure, for the technology fund.
46	46	SECTION 4. (a) Section 51.607, Government Code, does not
47	47	apply to the imposition or change in the amount of a court cost
48	48	assessed under Article 102.0172(a), Code of Criminal Procedure, as
49	49	amended by this Act, or under Section 102.121 or 102.141,
50	50	Government Code, as amended by this Act.
51	51	(b) The change in law made by this Act applies only to court
52	52	costs imposed on conviction in a municipal court or municipal court
53	53	of record of an offense committed on or after the effective date of
54	54	an ordinance of the governing body of the municipality that
55	55	requires a defendant convicted of the offense to pay the cost. Court
56	56	costs imposed on conviction of an offense committed before that
57	57	date are governed by the law in effect on the date the offense was
58	58	committed, and the former law is continued in effect for that
59	59	purpose.
60	60	SECTION 5. This Act takes effect immediately if it receives
61	61	a vote of two-thirds of all the members elected to each house, as
62	62	provided by Section 39, Article III, Texas Constitution. If this
63	63	Act does not receive the vote necessary for immediate effect, this
64	64	Act takes effect September 1, 2011.