Texas 2011 - 82nd Regular

Texas House Bill HB904 Compare Versions

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1	1	82R3427 YDB-F
2	2	By: Thompson H.B. No. 904
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 building security fund.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 102.017(b), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(b) A defendant convicted of a misdemeanor offense in a
13	13	county court, county court at law, or district court shall pay a $3
14	14	security fee as a cost of court. A defendant convicted of a
15	15	misdemeanor offense in a justice court shall pay a $4 security fee
16	16	as a cost of court. The governing body of a municipality by
17	17	ordinance may create a municipal court building security fund and
18	18	may require a defendant convicted of a misdemeanor offense in a
19	19	municipal court to pay a $4 [$3] security fee as a cost of court.
20	20	SECTION 2. Section 102.121, Government Code, is amended to
21	21	read as follows:
22	22	Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
23	23	MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
24	24	municipal court shall collect fees and costs on conviction of a
25	25	defendant as follows:
26	26	(1) a jury fee (Art. 102.004, Code of Criminal
27	27	Procedure) . . . $3;
28	28	(2) a fee for withdrawing request for jury less than 24
29	29	hours before time of trial (Art. 102.004, Code of Criminal
30	30	Procedure) . . . $3;
31	31	(3) a jury fee for two or more defendants tried jointly
32	32	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of
33	33	$3;
34	34	(4) a security fee on a misdemeanor offense
35	35	(Art. 102.017, Code of Criminal Procedure) . . . $4 [$3];
36	36	(5) a fee for technology fund on a misdemeanor offense
37	37	(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
38	38	(6) a juvenile case manager fee (Art. 102.0174, Code
39	39	of Criminal Procedure) . . . not to exceed $5; and
40	40	(7) a civil justice fee (Art. 102.022, Code of
41	41	Criminal Procedure) . . . $0.10.
42	42	SECTION 3. (a) Section 51.607, Government Code, does not
43	43	apply to the imposition or change in the amount of a court cost
44	44	assessed under Article 102.017(b), Code of Criminal Procedure, as
45	45	amended by this Act, or under Section 102.121, Government Code, as
46	46	amended by this Act.
47	47	(b) The change in law made by this Act applies only to court
48	48	costs imposed on conviction in a municipal court of an offense
49	49	committed on or after the effective date of an ordinance of the
50	50	governing body of the municipality that requires a defendant
51	51	convicted of the offense to pay the cost. Court costs imposed on
52	52	conviction of an offense committed before that date are governed by
53	53	the law in effect on the date the offense was committed, and the
54	54	former law is continued in effect for that purpose.
55	55	SECTION 4. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2011.