82R701 GCB-D
By: Guillen H.B. No. 331
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the governing body of a municipality to
create a municipal court equal justice and education fund and to
require certain defendants to pay court costs for deposit in the
fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0175 to read as
follows:
Art. 102.0175. COURT COSTS; MUNICIPAL COURT EQUAL JUSTICE
AND EDUCATION FUND. (a) The governing body of a municipality by
ordinance may create a municipal court equal justice and education
fund and may require a defendant convicted of a misdemeanor offense
in a municipal court or municipal court of record to pay a $1 equal
justice and education fee as a cost of court for deposit in the
fund.
(b) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person; or
(2) the court defers final disposition of the person's
case.
(c) The municipal court clerk shall collect the costs and
pay the funds to the municipal treasurer, or to any other official
who discharges the duties commonly delegated to the municipal
treasurer, for deposit in a fund to be known as the municipal court
equal justice and education fund.
(d) A fund designated by this article may be used only to
finance:
(1) the purchase of services, materials, or equipment
for a municipal court or municipal court of record to provide equal
justice for individuals involved in the justice system, including
the purchase of:
(A) interpreter services;
(B) mental health and counseling services; or
(C) modifications to municipal court buildings
and other accommodations for individuals with disabilities;
(2) the appointment of an attorney for an indigent
defendant; or
(3) the education of municipal court judges and
municipal court support personnel, including the payment of
tuition, conference fees, and travel expenses incurred for
educational purposes.
(e) The municipal court equal justice and education fund
shall be administered by or under the direction of the governing
body of the municipality.
(f) The presiding judge of the municipal court shall
authorize expenditures from the fund and ensure that the
expenditures comply with any applicable purchasing policies of the
municipality. The judge shall provide to the governing body of the
municipality on a quarterly basis a detailed description and
accounting of all money spent under this article.
(g) The governing body of the municipality by ordinance may
provide that any amount in the fund that is not spent during a
fiscal year may remain in the fund for use in a subsequent fiscal
year.
SECTION 2. Subchapter G, Chapter 102, Government Code, is
amended by adding Section 102.1211 to read as follows:
Sec. 102.1211. EQUAL JUSTICE AND EDUCATION FUND FEE ON
CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The
clerk of a municipal court shall collect from a defendant an equal
justice and education fund fee of $1 under Article 102.0175, Code of
Criminal Procedure, on conviction.
SECTION 3. Subchapter H, Chapter 102, Government Code, is
amended by adding Section 102.1411 to read as follows:
Sec. 102.1411. EQUAL JUSTICE AND EDUCATION FUND FEE ON
CONVICTION IN MUNICIPAL COURT OF RECORD: CODE OF CRIMINAL
PROCEDURE. The clerk of a municipal court of record shall collect
from a defendant an equal justice and education fund fee of $1 under
Article 102.0175, Code of Criminal Procedure, on conviction.
SECTION 4. The change in law made by this Act applies only
to a cost on conviction for an offense committed on or after the
effective date of this Act. A cost on conviction for 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 occurred before that date.
SECTION 5. This Act takes effect September 1, 2011.
COMMITTEE AMENDMENT NO. 1
Amend H.B. 331 (introduced version) as follows:
In Section 1 of the bill, Article 102.0175, Code of Criminal
Procedure, (page 2 line 13 through 17) strike "; or (3) the
education of municipal court judges and municipal court support
personnel, including the payment of tuition, conference fees, and
travel expenses incurred for educational purposes."
(2) In SECTION 1 of the bill, Article 102.0175, Code of
Criminal Procedure, (page 2, line 13) insert "." after "defendant"
Gallego