Texas 2013 - 83rd Regular

Texas House Bill HB1530 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R17766 CAE-D
2	2	By: King of Hemphill H.B. No. 1530
3	3	Substitute the following for H.B. No. 1530:
4	4	By: Farney C.S.H.B. No. 1530
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a county clerk or district clerk to
10	10	collect certain fees; imposing certain court fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 17.02, Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a
15	15	written undertaking entered into by the defendant and the
16	16	defendant's sureties for the appearance of the principal therein
17	17	before a court or magistrate to answer a criminal accusation;
18	18	provided, however, that the defendant on execution of the bail bond
19	19	may deposit with the custodian of funds of the court in which the
20	20	prosecution is pending current money of the United States in the
21	21	amount of the bond in lieu of having sureties signing the same. Any
22	22	cash funds deposited under this article shall be receipted for by
23	23	the officer receiving the funds and, on order of the court, be
24	24	refunded in the amount reflected on the face of the receipt less the
25	25	administrative fee authorized under Section 117.055, Local
26	26	Government Code, after the defendant complies with the conditions
27	27	of the defendant's bond, to:
28	28	(1) any person in the name of whom a receipt was
29	29	issued, [in the amount reflected on the face of the receipt,]
30	30	including the defendant if a receipt was issued to the defendant; or
31	31	(2) the defendant, if no other person is able to
32	32	produce a receipt for the funds.
33	33	SECTION 2. Article 102.006(a), Code of Criminal Procedure,
34	34	is amended to read as follows:
35	35	(a) In addition to any other fees required by other law and
36	36	except as provided by Subsection (b), a petitioner seeking
37	37	expunction of a criminal record shall pay the following fees:
38	38	(1) the fee charged for filing an ex parte petition in
39	39	a civil action in district court;
40	40	(2) $1 plus postage for each certified mailing of
41	41	notice of the hearing date; [and]
42	42	(3) $2 plus postage for each certified mailing of
43	43	certified copies of an order of expunction;
44	44	(4) $4 for each facsimile or e-mail notice of a hearing
45	45	date; and
46	46	(5) $4 for each facsimile or e-mail of a copy of an
47	47	order of expunction.
48	48	SECTION 3. Article 102.017(a), Code of Criminal Procedure,
49	49	is amended to read as follows:
50	50	(a) A defendant convicted of a felony offense [in a district
51	51	court] shall pay a $5 security fee as a cost of court.
52	52	SECTION 4. Section 51.305(b), Government Code, is amended
53	53	to read as follows:
54	54	(b) As part of the county's annual budget, the [The]
55	55	commissioners court of a county may adopt a district court records
56	56	archive fee of not more than $5 for the filing of a suit, including
57	57	an appeal from an inferior court, or a cross-action, counterclaim,
58	58	intervention, contempt action, motion for new trial, or third-party
59	59	petition, in any [a district] court in the county for which the
60	60	district clerk accepts filings [as part of the county's annual
61	61	budget. The fee must be set and itemized in the county's budget as
62	62	part of the budget preparation process and must be approved in a
63	63	public meeting]. The fee is for preservation and restoration
64	64	services performed in connection with maintaining a district court
65	65	records archive.
66	66	SECTION 5. Section 102.081, Government Code, is amended to
67	67	read as follows:
68	68	Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
69	69	COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
70	70	court shall collect fees and costs under the Code of Criminal
71	71	Procedure on conviction of a defendant as follows:
72	72	(1) a jury fee (Art. 102.004, Code of Criminal
73	73	Procedure) . . . $20;
74	74	(2) a fee for clerk of the court services (Art.
75	75	102.005, Code of Criminal Procedure) . . . $40;
76	76	(3) a records management and preservation services fee
77	77	(Art. 102.005, Code of Criminal Procedure) . . . $25;
78	78	(4) a county and district court technology fee (Art.
79	79	102.0169, Code of Criminal Procedure) . . . $4;
80	80	(5) a security fee on a misdemeanor offense (Art.
81	81	102.017, Code of Criminal Procedure) . . . $3;
82	82	(6) a juvenile delinquency prevention and graffiti
83	83	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
84	84	$50;
85	85	(7) a juvenile case manager fee (Art. 102.0174, Code
86	86	of Criminal Procedure) . . . not to exceed $5 if the court employs a
87	87	juvenile case manager; [and]
88	88	(8) a civil justice fee (Art. 102.022, Code of
89	89	Criminal Procedure) . . . $0.10; and
90	90	(9) a security fee on a felony offense (Art. 102.017,
91	91	Code of Criminal Procedure) . . . $5.
92	92	SECTION 6. Section 51.607, Government Code, does not apply
93	93	to the imposition of a court cost or fee under this Act.
94	94	SECTION 7. The change in law made by this Act applies only
95	95	to a fee that becomes payable on or after the effective date of this
96	96	Act. A fee that becomes payable before the effective date of this
97	97	Act is governed by the law in effect when the fee became payable,
98	98	and the former law is continued in effect for that purpose.
99	99	SECTION 8. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2013.