Texas 2011 - 82nd Regular

Texas House Bill HB331 Compare Versions

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Old	New	Differences
1	1	82R701 GCB-D
2	2	By: Guillen H.B. No. 331
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the governing body of a municipality to
8	8	create a municipal court equal justice and education fund and to
9	9	require certain defendants to pay court costs for deposit in the
10	10	fund.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 102, Code of Criminal
13	13	Procedure, is amended by adding Article 102.0175 to read as
14	14	follows:
15	15	Art. 102.0175. COURT COSTS; MUNICIPAL COURT EQUAL JUSTICE
16	16	AND EDUCATION FUND. (a) The governing body of a municipality by
17	17	ordinance may create a municipal court equal justice and education
18	18	fund and may require a defendant convicted of a misdemeanor offense
19	19	in a municipal court or municipal court of record to pay a $1 equal
20	20	justice and education fee as a cost of court for deposit in the
21	21	fund.
22	22	(b) In this article, a person is considered convicted if:
23	23	(1) a sentence is imposed on the person; or
24	24	(2) the court defers final disposition of the person's
25	25	case.
26	26	(c) The municipal court clerk shall collect the costs and
27	27	pay the funds to the municipal treasurer, or to any other official
28	28	who discharges the duties commonly delegated to the municipal
29	29	treasurer, for deposit in a fund to be known as the municipal court
30	30	equal justice and education fund.
31	31	(d) A fund designated by this article may be used only to
32	32	finance:
33	33	(1) the purchase of services, materials, or equipment
34	34	for a municipal court or municipal court of record to provide equal
35	35	justice for individuals involved in the justice system, including
36	36	the purchase of:
37	37	(A) interpreter services;
38	38	(B) mental health and counseling services; or
39	39	(C) modifications to municipal court buildings
40	40	and other accommodations for individuals with disabilities;
41	41	(2) the appointment of an attorney for an indigent
42	42	defendant; or
43	43	(3) the education of municipal court judges and
44	44	municipal court support personnel, including the payment of
45	45	tuition, conference fees, and travel expenses incurred for
46	46	educational purposes.
47	47	(e) The municipal court equal justice and education fund
48	48	shall be administered by or under the direction of the governing
49	49	body of the municipality.
50	50	(f) The presiding judge of the municipal court shall
51	51	authorize expenditures from the fund and ensure that the
52	52	expenditures comply with any applicable purchasing policies of the
53	53	municipality. The judge shall provide to the governing body of the
54	54	municipality on a quarterly basis a detailed description and
55	55	accounting of all money spent under this article.
56	56	(g) The governing body of the municipality by ordinance may
57	57	provide that any amount in the fund that is not spent during a
58	58	fiscal year may remain in the fund for use in a subsequent fiscal
59	59	year.
60	60	SECTION 2. Subchapter G, Chapter 102, Government Code, is
61	61	amended by adding Section 102.1211 to read as follows:
62	62	Sec. 102.1211. EQUAL JUSTICE AND EDUCATION FUND FEE ON
63	63	CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The
64	64	clerk of a municipal court shall collect from a defendant an equal
65	65	justice and education fund fee of $1 under Article 102.0175, Code of
66	66	Criminal Procedure, on conviction.
67	67	SECTION 3. Subchapter H, Chapter 102, Government Code, is
68	68	amended by adding Section 102.1411 to read as follows:
69	69	Sec. 102.1411. EQUAL JUSTICE AND EDUCATION FUND FEE ON
70	70	CONVICTION IN MUNICIPAL COURT OF RECORD: CODE OF CRIMINAL
71	71	PROCEDURE. The clerk of a municipal court of record shall collect
72	72	from a defendant an equal justice and education fund fee of $1 under
73	73	Article 102.0175, Code of Criminal Procedure, on conviction.
74	74	SECTION 4. The change in law made by this Act applies only
75	75	to a cost on conviction for an offense committed on or after the
76	76	effective date of this Act. A cost on conviction for an offense
77	77	committed before the effective date of this Act is covered by the
78	78	law in effect when the offense was committed, and the former law is
79	79	continued in effect for that purpose. For purposes of this section,
80	80	an offense was committed before the effective date of this Act if
81	81	any element of the offense occurred before that date.
82	82	SECTION 5. This Act takes effect September 1, 2011.
83	83	COMMITTEE AMENDMENT NO. 1
84	84	Amend H.B. 331 (introduced version) as follows:
85	85	In Section 1 of the bill, Article 102.0175, Code of Criminal
86	86	Procedure, (page 2 line 13 through 17) strike "; or (3) the
87	87	education of municipal court judges and municipal court support
88	88	personnel, including the payment of tuition, conference fees, and
89	89	travel expenses incurred for educational purposes."
90	90	(2) In SECTION 1 of the bill, Article 102.0175, Code of
91	91	Criminal Procedure, (page 2, line 13) insert "." after "defendant"
92	92	Gallego