By: West S.B. No. 1233
A BILL TO BE ENTITLED
AN ACT
relating to the promotion of efficiencies in and the administration
of certain county services and functions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.31 to read as follows:
Art. 2.31. COUNTY JAILERS. A jailer licensed under Chapter
1701, Occupations Code, may execute lawful process issued to the
jailer by any magistrate or court on a person confined in the jail
at which the jailer is employed to the same extent that a peace
officer is authorized to execute process under Article 2.13(b)(2),
including:
(1) a warrant under Chapter 15, 17, or 18;
(2) a capias under Chapter 17 or 23;
(3) a subpoena under Chapter 20 or 24; or
(4) an attachment under Chapter 20 or 24.
SECTION 2. Subsection (a), Article 20.011, Code of Criminal
Procedure, is amended to read as follows:
(a) Only the following persons may be present in a grand
jury room while the grand jury is conducting proceedings:
(1) grand jurors;
(2) bailiffs;
(3) the attorney representing the state;
(4) witnesses while being examined or when necessary
to assist the attorney representing the state in examining other
witnesses or presenting evidence to the grand jury;
(5) interpreters, if necessary; [and]
(6) a stenographer or person operating an electronic
recording device, as provided by Article 20.012; and
(7) a person operating a video teleconferencing system
for use under Article 20.151.
SECTION 3. Subsection (b), Article 20.02, Code of Criminal
Procedure, is amended to read as follows:
(b) A grand juror, bailiff, interpreter, stenographer or
person operating an electronic recording device, [or] person
preparing a typewritten transcription of a stenographic or
electronic recording, or person operating a video teleconferencing
system for use under Article 20.151 who discloses anything
transpiring before the grand jury, regardless of whether the thing
transpiring is recorded, in the course of the official duties of the
grand jury, is [shall be] liable to a fine as for contempt of the
court, not exceeding $500 [five hundred dollars], imprisonment not
exceeding 30 [thirty] days, or both the [such] fine and
imprisonment.
SECTION 4. Chapter 20, Code of Criminal Procedure, is
amended by adding Article 20.151 to read as follows:
Art. 20.151. CERTAIN TESTIMONY BY VIDEO TELECONFERENCING.
(a) With the consent of the foreman of the grand jury and the
attorney representing the state, a peace officer summoned to
testify before the grand jury may testify through the use of a
closed circuit video teleconferencing system that provides an
encrypted, simultaneous, compressed full motion video and
interactive communication of image and sound between the peace
officer, the attorney representing the state, and the grand jury.
(b) In addition to being administered the oath described by
Article 20.16(a), before being interrogated, a peace officer
testifying through the use of a closed circuit video
teleconferencing system under this article shall affirm that:
(1) no person other than a person in the grand jury
room is capable of hearing the peace officer's testimony; and
(2) the peace officer's testimony is not being
recorded or otherwise preserved by any person at the location from
which the peace officer is testifying.
(c) Testimony received from a peace officer under this
article shall be recorded and preserved.
SECTION 5. Article 27.18, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsections (c-1) and
(c-2) to read as follows:
(c) A recording of the communication shall be made and
preserved until all appellate proceedings have been disposed of. A
court reporter or court recorder is not required to transcribe or
make a separate recording of a plea taken under this article unless
an appeal is taken in the case and a party requests a transcript.
(c-1) The defendant may obtain a copy of a [the] recording
made under Subsection (c) on payment of a reasonable amount to cover
the costs of reproduction or, if the defendant is indigent, the
court shall provide a copy to the defendant without charging a cost
for the copy.
(c-2) The loss or destruction of or failure to make a video
recording of a plea entered under this article is not alone
sufficient grounds for a defendant to withdraw the defendant's plea
or to request the court to set aside a conviction, sentence, or
plea.
SECTION 6. Article 38.073, Code of Criminal Procedure, is
amended to read as follows:
Art. 38.073. TESTIMONY OF INMATE WITNESSES. In a
proceeding in the prosecution of a criminal offense in which an
inmate in the custody of the Texas Department of Criminal Justice is
required to testify as a witness, any deposition or testimony of the
inmate witness may be conducted by a video teleconferencing system
in the manner described by Article 27.18 [electronic means, in the
same manner as permitted in civil cases under Section 30.012, Civil
Practice and Remedies Code].
SECTION 7. Article 49.25, Code of Criminal Procedure, is
amended by adding Section 13A to read as follows:
Sec. 13A. FEES. A medical examiner may charge reasonable
fees for services provided by the office of medical examiner under
this article, including cremation approvals, court testimonies,
consultations, and depositions.
SECTION 8. Section 31.037, Election Code, is amended to
read as follows:
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The
employment of the county elections administrator may be suspended,
with or without pay, or terminated at any time for good and
sufficient cause on the four-fifths vote of the county election
commission and approval of that action by a majority vote of the
commissioners court.
SECTION 9. Subsection (b), Section 203.005, Family Code, is
amended to read as follows:
(b) The first payment of a fee under Subsection (a)(5)
[(a)(4)] is due on the date that the person required to pay support
is ordered to begin child support, alimony, or separate maintenance
payments. Subsequent payments of the fee are due annually and in
advance.
SECTION 10. Subsection (b) and (e), Section 51.318,
Government Code, are amended to read as follows:
(b) The fees are:
(1) for issuing a subpoena, including one copy$8
(2) for issuing a citation, commission for deposition,
writ of execution, order of sale, writ of execution and order of
sale, writ of injunction, writ of garnishment, writ of attachment,
or writ of sequestration not provided for in Section 51.317, or any
other writ or process not otherwise provided for, including one
copy if required by law$8
(3) for searching files or records to locate a cause
when the docket number is not provided$5
(4) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's
office$5
(5) for abstracting a judgment$8
(6) for approving a bond$4
(7) for a certified copy of a record, judgment, order,
pleading, or paper on file or of record in the district clerk's
office, including certificate and seal, for each page or part of a
page$1
(8) for a noncertified copy, for each page or part of a
page not to exceed $1
(9) notwithstanding Section 51.3195, for an
electronic certified copy of a record, judgment, order, pleading,
or paper on file or of record in the district clerk's office,
including certificate and seal, for each page or part of a
pagenot to exceed $1.
(e) The district clerk may not charge the United States
Immigration and Customs Enforcement or the United States
Citizenship and Immigration Services [Naturalization Service] a
fee for a copy of any document on file or of record in the clerk's
office relating to an individual's criminal history, regardless of
whether the document is certified.
SECTION 11. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.06118 to read as follows:
Sec. 101.06118. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court shall collect for an electronic
certified copy of a record, judgment, order, pleading, or paper on
file or of record in the district clerk's office, including
certificate and seal, a fee not to exceed $1 for each page or part of
a page under Section 51.318.
SECTION 12. Section 551.0415, Government Code, is amended
to read as follows:
Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY OR COUNTY:
REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION
WILL BE TAKEN. (a) Notwithstanding Sections 551.041 and 551.042,
a quorum of the governing body of a municipality or county may
receive from municipal or county staff and a member of the governing
body may make a report about items of community interest during a
meeting of the governing body without having given notice of the
subject of the report as required by this subchapter if no action is
taken and, except as provided by Section 551.042, possible action
is not discussed regarding the information provided in the report.
(b) For purposes of Subsection (a), "items of community
interest" includes:
(1) expressions of thanks, congratulations, or
condolence;
(2) information regarding holiday schedules;
(3) an honorary or salutary recognition of a public
official, public employee, or other citizen, except that a
discussion regarding a change in the status of a person's public
office or public employment is not an honorary or salutary
recognition for purposes of this subdivision;
(4) a reminder about an upcoming event organized or
sponsored by the governing body;
(5) information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a
member of the governing body or an official or employee of the
municipality or county; and
(6) announcements involving an imminent threat to the
public health and safety of people in the municipality or county
that has arisen after the posting of the agenda.
SECTION 13. Subsection (a), Section 551.0725, Government
Code, is amended to read as follows:
(a) The commissioners court of a county [with a population
of 400,000 or more] may conduct a closed meeting to deliberate
business and financial issues relating to a contract being
negotiated if, before conducting the closed meeting:
(1) the commissioners court votes unanimously that
deliberation in an open meeting would have a detrimental effect on
the position of the commissioners court in negotiations with a
third person; and
(2) the attorney advising the commissioners court
issues a written determination that deliberation in an open meeting
would have a detrimental effect on the position of the
commissioners court in negotiations with a third person.
SECTION 14. Subchapter Z, Chapter 157, Local Government
Code, is amended by adding Section 157.9031 to read as follows:
Sec. 157.9031. AUTHORITY TO REQUIRE REIMBURSEMENT FOR
CERTAIN COVERAGE. A self-insuring county or the intergovernmental
pool operating under Chapter 119, under policies concerning the
provision of coverages adopted by the county's commissioners court
or the pool's governing body, may require reimbursement for the
provision of punitive damage coverage from a person to whom the
county or intergovernmental pool provides coverage.
SECTION 15. Subsections (b) and (f), Section 270.007, Local
Government Code, are amended to read as follows:
(b) A [Notwithstanding the provisions of Subsections (f)
and (g), a] county may exclusively contract with a person to market
the application or system. If the original contract for
development of the application or system under Subsection (a) does
not include a provision for marketing the application or system, a
[A] contract under this subsection shall be awarded [only] in
compliance with Section 262.030, [Local Government Code,]
concerning the alternative competitive procedure for insurance or
high technology items.
(f) Except as provided by Subsection (b), [upon request of
any person,] a county may [shall] sell or license software under
this section for a price negotiated between the county and the
purchaser or licensee, including another governmental entity
[person, not to exceed the developmental cost to the county.
Developmental cost shall only include costs incurred under a
contract to procure the software or direct employee costs incurred
to develop the software. This subsection does not apply to any
county software that protects county computer systems from
unauthorized use or access].
SECTION 16. Chapter 51, Property Code, is amended by adding
Section 51.0022 to read as follows:
Sec. 51.0022. FORECLOSURE DATA COLLECTION. (a) In this
section, "department" means the Texas Department of Housing and
Community Affairs.
(b) A person filing a notice of sale of residential property
under Section 51.002(b) must submit to the county clerk a completed
form that provides the zip code for the property.
(c) On completion of a sale of real property, the trustee or
sheriff shall submit to the county clerk a completed form that
contains information on whether the property is residential and the
zip code of the property.
(d) Not later than the 30th day after the date of receipt of
a form under this section, the county clerk shall transmit the form
to the department.
(e) The board of the department shall prescribe the forms
required under this section. The forms may only request
information on whether the property is residential and the zip code
of the property.
(f) The department shall report the information received
under this section quarterly to the legislature in a format
established by the board of the department by rule.
SECTION 17. Sections 86.022 and 112.008, Local Government
Code, are repealed.
SECTION 18. (a) Subsection (a), Article 20.011, and
Subsection (b), Article 20.02, Code of Criminal Procedure, as
amended by this Act, and Article 20.151, Code of Criminal
Procedure, as added by this Act, apply only to testimony before a
grand jury that is impaneled on or after the effective date of this
Act.
(b) Article 27.18, Code of Criminal Procedure, as amended by
this Act, applies to a plea of guilty or nolo contendere entered on
or after the effective date of this Act, regardless of whether the
offense with reference to which the plea is entered is committed
before, on, or after that date.
(c) Article 38.073, Code of Criminal Procedure, as amended
by this Act, applies only to the testimony of an inmate witness that
is taken on or after the effective date of this Act.
(d) Section 13A, Article 49.25, Code of Criminal Procedure,
as added by this Act, applies only to a service provided by a
medical examiner's office on or after the effective date of this
Act. A service provided before the effective date of this Act is
covered by the law in effect on the date the service was provided,
and the former law is continued in effect for that purpose.
(e) Subsection (b), Section 51.318, Government Code, as
amended by this Act, applies only to a request for an electronic
certified copy of a record, judgment, order, pleading, or paper on
file or of record in the district clerk's office, including
certificate and seal, made on or after the effective date of this
Act. A request made before the effective date of this Act is
covered by the law in effect when the request was made, and the
former law is continued in effect for that purpose.
(f) Subsection (a), Section 551.0725, Government Code, as
amended by this Act, applies only to a meeting held on or after the
effective date of this Act. A meeting held before the effective
date of this Act is governed by the law in effect on the date the
meeting is held, and the former law is continued in effect for that
purpose.
(g) Subsections (b) and (f), Section 270.007, Local
Government Code, as amended by this Act, apply only to a contract
entered into on or after the effective date of this Act. A contract
entered into before the effective date of this Act is governed by
the law in effect when the contract was entered into, and the former
law is continued in effect for that purpose.
SECTION 19. (a) The board of the Texas Department of
Housing and Community Affairs shall adopt the forms and rules
required by Section 51.0022, Property Code, as added by this Act,
not later than January 1, 2012.
(b) The change in law made by Section 51.0022, Property
Code, as added by this Act, applies only to a notice of sale filed on
or after January 1, 2012. A notice of sale filed before January 1,
2012, is governed by the law in effect on the date the notice is
filed, and the former law is continued in effect for that purpose.
SECTION 20. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.