82R9330 SJM-D
By: Villarreal H.B. No. 1962
A BILL TO BE ENTITLED
AN ACT
relating to the programs that a justice or municipal court may
require a juvenile offender to attend and to the payment of related
program costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 45.057(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) On a finding by a justice or municipal court that a child
committed an offense that the court has jurisdiction of under
Article 4.11 or 4.14, the court has jurisdiction to enter an order:
(1) referring the child or the child's parent for
services under Section 264.302, Family Code;
(2) requiring that the child attend a special program
that the court determines to be in the best interest of the child
and, if the program involves the expenditure of municipal or county
funds, that is approved by the governing body of the municipality or
county commissioners court, as applicable, including a
rehabilitation, counseling, self-esteem and leadership, work and
job skills training, job interviewing and work preparation,
self-improvement, parenting, manners, violence avoidance,
tutoring, sensitivity training, parental responsibility, community
service, restitution, advocacy, or mentoring program; or
(3) requiring that the child's parent do any act or
refrain from doing any act that the court determines will increase
the likelihood that the child will comply with the orders of the
court and that is reasonable and necessary for the welfare of the
child, including:
(A) attend a parenting class or parental
responsibility program; and
(B) attend the child's school classes or
functions.
(c) The justice or municipal court may order the parent,
managing conservator, or guardian of a child required to attend a
special program under Subsection (b) to pay an amount not greater
than $250 [$100] to pay for the costs of the program.
SECTION 2. Section 101.141(b), Government Code, is amended
to read as follows:
(b) A clerk of a justice court shall collect fees and costs
under other laws as follows:
(1) the cost of a special program that a court may
order a child to attend after a finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program not to exceed $250 [$100];
(2) additional filing fees:
(A) to fund Dallas County civil court facilities
(Sec. 51.705, Government Code) . . . not more than $15;
(B) for filing any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee, to fund civil legal
services for the indigent (Sec. 133.153, Local Government Code)
. . . $6; and
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(3) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50; and
(4) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 2308.457, Occupations Code) . . . $20.
SECTION 3. Section 101.161, Government Code, is amended to
read as follows:
Sec. 101.161. MUNICIPAL COURT FEES AND COSTS. The clerk of
a municipal court shall collect:
(1) a fee for a hearing on probable cause for removal
of a vehicle and placement in a storage facility if assessed by the
court (Sec. 2308.457, Occupations Code) . . . $20; and
(2) the cost of a special program that a court may
order a child to attend after finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program not to exceed $250 [$100].
SECTION 4. Section 101.181, Government Code, is amended to
read as follows:
Sec. 101.181. MUNICIPAL COURTS OF RECORD FEES AND COSTS.
The clerk of a municipal court of record shall collect the following
fees and costs:
(1) from an appellant, a fee for preparation of the
clerk's record (Sec. 30.00014, Government Code) . . . $25;
(2) from an appellant in the City of El Paso, an
appellate court docket fee (Sec. 30.00147, Government Code) . . .
$25; and
(3) the cost of a special program that a court may
order a child to attend after finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program, not to exceed $250 [$100].
SECTION 5. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
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 was committed before that
date.
SECTION 6. This Act takes effect September 1, 2011.