83R6358 MEW-D
By: Rodriguez of Bexar H.B. No. 1552
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the commissioners court of a county to
create a law enforcement technology fund and to require certain
defendants to pay court costs for deposit in the fund; authorizing a
fee.
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; LAW ENFORCEMENT TECHNOLOGY
FUND. (a) The commissioners court of a county by order may create a
law enforcement technology fund.
(b) If a fund is created as described by Subsection (a), a
defendant convicted of a misdemeanor offense in a justice court or
county court at law shall pay a $2 law enforcement technology fee as
a cost of court.
(c) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person is placed on community supervision,
including deferred adjudication community supervision; or
(3) the court defers final disposition of the person's
case.
(d) The clerks of the courts described by Subsection (b)
shall collect the fee and pay the fee to the county treasurer, or to
any other official who discharges the duties commonly delegated to
the county treasurer, for deposit in the law enforcement technology
fund.
(e) A fund created under this article may be used only to
finance the purchase and maintenance of technological enhancements
for a county law enforcement agency and shall be administered by or
under the direction of the commissioners court of the county.
SECTION 2. Section 102.061, Government Code, is amended to
read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of
a statutory county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a county and district court technology fee (Art.
102.0169, Code of Criminal Procedure) . . . $4;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(6) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50;
(7) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 if the court employs a
juvenile case manager; [and]
(8) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10; and
(9) a law enforcement technology fee, if authorized by
the county commissioners court (Art. 102.0175, Code of Criminal
Procedure) . . . $2.
SECTION 3. Section 102.101, Government Code, is amended to
read as follows:
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $4;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . $4;
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 if the court employs a
juvenile case manager;
(7) a fee on conviction of certain offenses involving
issuing or passing a subsequently dishonored check (Art. 102.0071,
Code of Criminal Procedure) . . . not to exceed $30;
(8) a court cost on conviction of a Class C misdemeanor
in a county with a population of 3.3 million or more, if authorized
by the county commissioners court (Art. 102.009, Code of Criminal
Procedure) . . . not to exceed $7; [and]
(9) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10; and
(10) a law enforcement technology fee, if authorized
by the county commissioners court (Art. 102.0175, Code of Criminal
Procedure) . . . $2.
SECTION 4. 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, 2013.