Texas 2011 - 82nd Regular

Texas House Bill HB1962 Compare Versions

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Old	New	Differences
1	1	82R9330 SJM-D
2	2	By: Villarreal H.B. No. 1962
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the programs that a justice or municipal court may
8	8	require a juvenile offender to attend and to the payment of related
9	9	program costs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Articles 45.057(b) and (c), Code of Criminal
12	12	Procedure, are amended to read as follows:
13	13	(b) On a finding by a justice or municipal court that a child
14	14	committed an offense that the court has jurisdiction of under
15	15	Article 4.11 or 4.14, the court has jurisdiction to enter an order:
16	16	(1) referring the child or the child's parent for
17	17	services under Section 264.302, Family Code;
18	18	(2) requiring that the child attend a special program
19	19	that the court determines to be in the best interest of the child
20	20	and, if the program involves the expenditure of municipal or county
21	21	funds, that is approved by the governing body of the municipality or
22	22	county commissioners court, as applicable, including a
23	23	rehabilitation, counseling, self-esteem and leadership, work and
24	24	job skills training, job interviewing and work preparation,
25	25	self-improvement, parenting, manners, violence avoidance,
26	26	tutoring, sensitivity training, parental responsibility, community
27	27	service, restitution, advocacy, or mentoring program; or
28	28	(3) requiring that the child's parent do any act or
29	29	refrain from doing any act that the court determines will increase
30	30	the likelihood that the child will comply with the orders of the
31	31	court and that is reasonable and necessary for the welfare of the
32	32	child, including:
33	33	(A) attend a parenting class or parental
34	34	responsibility program; and
35	35	(B) attend the child's school classes or
36	36	functions.
37	37	(c) The justice or municipal court may order the parent,
38	38	managing conservator, or guardian of a child required to attend a
39	39	special program under Subsection (b) to pay an amount not greater
40	40	than $250 [$100] to pay for the costs of the program.
41	41	SECTION 2. Section 101.141(b), Government Code, is amended
42	42	to read as follows:
43	43	(b) A clerk of a justice court shall collect fees and costs
44	44	under other laws as follows:
45	45	(1) the cost of a special program that a court may
46	46	order a child to attend after a finding that the child committed an
47	47	offense, if ordered by the court (Art. 45.057, Code of Criminal
48	48	Procedure) . . . costs of the program not to exceed $250 [$100];
49	49	(2) additional filing fees:
50	50	(A) to fund Dallas County civil court facilities
51	51	(Sec. 51.705, Government Code) . . . not more than $15;
52	52	(B) for filing any civil action or proceeding
53	53	requiring a filing fee, including an appeal, and on the filing of
54	54	any counterclaim, cross-action, intervention, interpleader, or
55	55	third-party action requiring a filing fee, to fund civil legal
56	56	services for the indigent (Sec. 133.153, Local Government Code)
57	57	. . . $6; and
58	58	(C) to fund the improvement of Hays County court
59	59	facilities, if authorized by the county commissioners court (Sec.
60	60	51.707, Government Code) . . . not more than $15;
61	61	(3) for filing a suit in Comal County (Sec. 152.0522,
62	62	Human Resources Code) . . . $1.50; and
63	63	(4) fee for hearing on probable cause for removal of a
64	64	vehicle and placement in a storage facility if assessed by the court
65	65	(Sec. 2308.457, Occupations Code) . . . $20.
66	66	SECTION 3. Section 101.161, Government Code, is amended to
67	67	read as follows:
68	68	Sec. 101.161. MUNICIPAL COURT FEES AND COSTS. The clerk of
69	69	a municipal court shall collect:
70	70	(1) a fee for a hearing on probable cause for removal
71	71	of a vehicle and placement in a storage facility if assessed by the
72	72	court (Sec. 2308.457, Occupations Code) . . . $20; and
73	73	(2) the cost of a special program that a court may
74	74	order a child to attend after finding that the child committed an
75	75	offense, if ordered by the court (Art. 45.057, Code of Criminal
76	76	Procedure) . . . costs of the program not to exceed $250 [$100].
77	77	SECTION 4. Section 101.181, Government Code, is amended to
78	78	read as follows:
79	79	Sec. 101.181. MUNICIPAL COURTS OF RECORD FEES AND COSTS.
80	80	The clerk of a municipal court of record shall collect the following
81	81	fees and costs:
82	82	(1) from an appellant, a fee for preparation of the
83	83	clerk's record (Sec. 30.00014, Government Code) . . . $25;
84	84	(2) from an appellant in the City of El Paso, an
85	85	appellate court docket fee (Sec. 30.00147, Government Code) . . .
86	86	$25; and
87	87	(3) the cost of a special program that a court may
88	88	order a child to attend after finding that the child committed an
89	89	offense, if ordered by the court (Art. 45.057, Code of Criminal
90	90	Procedure) . . . costs of the program, not to exceed $250 [$100].
91	91	SECTION 5. The change in law made by this Act applies only
92	92	to an offense committed on or after the effective date of this Act.
93	93	An offense committed before the effective date of this Act is
94	94	covered by the law in effect when the offense was committed, and the
95	95	former law is continued in effect for that purpose. For purposes of
96	96	this section, an offense was committed before the effective date of
97	97	this Act if any element of the offense was committed before that
98	98	date.
99	99	SECTION 6. This Act takes effect September 1, 2011.