83R3128 RWG-D
By: Turner of Harris H.B. No. 2890
A BILL TO BE ENTITLED
AN ACT
relating to the consolidation and allocation of state criminal
court costs; increasing certain court costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 133.102(a), Local Government Code, is
amended to read as follows:
(a) Subject to Subsection (g), a [A] person convicted of an
offense shall pay as a court cost, in addition to all other costs:
(1) $185 [$133] on conviction of a felony;
(2) $160 [$83] on conviction of a Class A or Class B
misdemeanor; [or]
(3) $122 on conviction of a Class C misdemeanor,
except as provided by Subdivision (4); or
(4) $30 [$40] on conviction of [a nonjailable
misdemeanor offense, including] a criminal violation of a municipal
or county ordinance, including [other than] a conviction of an
offense relating to a pedestrian or the parking of a motor vehicle.
SECTION 2. Section 133.102(e), Local Government Code, as
effective September 1, 2013, is amended to read as follows:
(e) The comptroller shall allocate the court costs received
under this section to the following accounts and funds so that each
receives to the extent practicable, utilizing historical data as
applicable, the same amount of money the account or fund would have
received if the court costs for the accounts and funds had been
collected and reported separately, except that the account or fund
may not receive less than the following percentages:
(1) general revenue fund [abused children's
counseling]12.2514 [0.0088] percent;
(1-a) general revenue fund (portion replacing the
former state traffic fine)16.4953 percent;
(2) crime stoppers assistance0.1354 [0.2581] percent;
(3) breath alcohol testing0.2875 [0.5507] percent;
(4) Bill Blackwood Law Enforcement Management
Institute1.1292 [2.1683] percent;
(5) law enforcement officers standards and
education2.6094 [5.0034] percent;
(6) comprehensive rehabilitation5.0760 [9.8218]
percent;
(7) law enforcement and custodial officer
supplemental retirement fund5.8154 [11.1426] percent;
(8) criminal justice planning6.6130 [12.5537]
percent;
(9) an account in the state treasury to be used only
for the establishment and operation of the Center for the Study and
Prevention of Juvenile Crime and Delinquency at Prairie View A&M
University0.6255 [1.2090] percent;
(10) compensation to victims of crime fund19.6314
[37.6338] percent;
(11) emergency radio infrastructure account2.8571
[5.5904] percent;
(12) judicial and court personnel training fund2.5137
[4.8362] percent;
(13) an account in the state treasury to be used for
the establishment and operation of the Correctional Management
Institute of Texas and Criminal Justice Center Account0.6230
[1.2090] percent; [and]
(14) fair defense account6.4178 [8.0143] percent;
(15) state highway fund0.0328 percent;
(16) judicial fund7.6820 percent;
(17) EMS, trauma facilities, trauma care systems
account1.0796 percent; and
(18) designated trauma facility and EMS8.1245
percent.
SECTION 3. Section 133.102, Local Government Code, is
amended by adding Subsections (g) and (h) to read as follows:
(g) In this subsection, "consumer price index" means the
annual revised Consumer Price Index for All Urban Consumers
(CPI-U), U.S. City Average, seasonally adjusted, as published by
the federal Bureau of Labor Statistics of the United States
Department of Labor, or its successor in function. On January 1 of
each year, the Texas Judicial Council may increase each court cost
amount prescribed by this section that was in effect on December 31
of the previous year by a percentage equal to the inflation rate for
the preceding four-calendar-year period, and the resulting amount
is rounded to the nearest dollar, if:
(1) the inflation rate for that period, as determined
by the Texas Judicial Council using the consumer price index for
each of the preceding four calendar years, was at least three
percent; and
(2) the legislature did not increase the amount of the
court cost during that period.
(h) Not later than October 1 of each year:
(1) the Texas Judicial Council shall determine the
amounts of the court costs prescribed by this section that will be
in effect on January 1 of the following year as provided by
Subsections (a) and (g) and provide that information to the Office
of Court Administration of the Texas Judicial System; and
(2) the office of court administration shall publish
the court cost amounts that will be in effect on January 1 of the
following year on the office's Internet website and distribute the
court cost information electronically to court clerks in this
state.
SECTION 4. Article 42.037(g)(1), Code of Criminal
Procedure, is amended to read as follows:
(1) The court may require a defendant to make
restitution under this article within a specified period or in
specified installments. If the court requires the defendant to make
restitution in specified installments, in addition to the
installment payments, the court may require the defendant to pay a
one-time restitution fee of [$12,] $6. The [of which the] court
shall retain the fee for costs incurred in collecting the specified
installments [and $6 of which the court shall order to be paid to
the compensation to victims of crime fund].
SECTION 5. Articles 102.0178(a), (d), and (e), Code of
Criminal Procedure, are amended to read as follows:
(a) In addition to other costs on conviction imposed by this
chapter, a person shall pay $30 [$60] as a court cost on conviction
of an offense punishable as a Class B misdemeanor or any higher
category of offense under:
(1) Chapter 49, Penal Code; or
(2) Chapter 481, Health and Safety Code.
(d) The custodian of a county treasury shall[:
[(1)] keep records of the amount of funds on deposit
collected under this article[; and
[(2) except as provided by Subsection (e), send to the
comptroller before the last day of the first month following each
calendar quarter the funds collected under this article during the
preceding quarter].
(e) A county that [is entitled to:
[(1) if the custodian of the county treasury complies
with Subsection (d), retain 10 percent of the funds collected under
this article by an officer of the county during the calendar quarter
as a service fee; and
[(2) if the county] has established a drug court program
or establishes a drug court program before the expiration of the
calendar quarter is entitled to[,] retain [in addition to the 10
percent authorized by Subdivision (1) another 50 percent of] the
funds collected under this article by an officer of the county
during the calendar quarter to be used exclusively for the
development and maintenance of drug court programs operated within
the county.
SECTION 6. Section 61.002(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (b), this chapter
applies to a proceeding to enter a juvenile court order:
(1) for payment of probation fees under Section
54.061;
(2) for restitution under Sections 54.041(b) and
54.048;
(3) for payment of graffiti eradication fees under
Section 54.0461;
(4) for community service under Section 54.044(b);
(5) [for payment of costs of court under Section
54.0411 or other provisions of law;
[(6)] requiring the person to refrain from doing any
act injurious to the welfare of the child under Section
54.041(a)(1);
(6) [(7)] enjoining contact between the person and the
child who is the subject of a proceeding under Section
54.041(a)(2);
(7) [(8)] ordering a person living in the same
household with the child to participate in counseling under Section
54.041(a)(3);
(8) [(9)] requiring a parent or guardian of a child
found to be truant to participate in an available program
addressing truancy under Section 54.041(f);
(9) [(10)] requiring a parent or other eligible person
to pay reasonable attorney's fees for representing the child under
Section 51.10(e);
(10) [(11)] requiring the parent or other eligible
person to reimburse the county for payments the county has made to
an attorney appointed to represent the child under Section 51.10(k)
[51.10(j)];
(11) [(12)] requiring payment of deferred prosecution
supervision fees under Section 53.03(d);
(12) [(13)] requiring a parent or other eligible
person to attend a court hearing under Section 51.115;
(13) [(14)] requiring a parent or other eligible
person to act or refrain from acting to aid the child in complying
with conditions of release from detention under Section 54.01(r);
(14) [(15)] requiring a parent or other eligible
person to act or refrain from acting under any law imposing an
obligation of action or omission on a parent or other eligible
person because of the parent's or person's relation to the child who
is the subject of a proceeding under this title;
(15) [(16)] for payment of fees under Section 54.0462;
or
(16) [(17)] for payment of the cost of attending an
educational program under Section 54.0404.
SECTION 7. Sections 51.702(c) and (d), Government Code, are
amended to read as follows:
(c) Fees [Court costs and fees] due under this section shall
be collected in the same manner as other fees, fines, or costs are
collected in the case.
(d) The clerk shall deposit the fees [and costs] collected
under this section to be sent to the comptroller as provided by
Subchapter B, Chapter 133, Local Government Code. The comptroller
shall deposit the fees in the judicial fund.
SECTION 8. Sections 51.703(c), (d), and (e), Government
Code, are amended to read as follows:
(c) Fees [Court costs and fees] due under this section shall
be collected in the same manner as other fees, fines, or costs are
collected in the case.
(d) The clerk shall deposit the fees [and costs] collected
under this section to be sent to the comptroller as provided by
Subchapter B, Chapter 133, Local Government Code. The comptroller
shall deposit the fees in the judicial fund.
(e) Section 51.320 applies to a fee [or cost] collected
under this section.
SECTION 9. Section 61.0015(c), Government Code, is amended
to read as follows:
(c) The comptroller shall pay claims for reimbursement
under this section quarterly to the county treasury of each county
that filed a claim [from money collected under Article 102.0045,
Code of Criminal Procedure, and deposited in the jury service
fund].
SECTION 10. Section 102.021, Government Code, is amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) [court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
[(2)] a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(2) [(3)] fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(3) [(4)] services of a peace officer in conveying a
witness outside the county (Art. 102.011, Code of Criminal
Procedure) . . . $10 per day or part of a day, plus actual necessary
travel expenses;
(4) [(5)] overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(5) [(6)] court costs on an offense relating to rules
of the road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(6) [(7)] court costs on an offense of passing a
school bus (Art. 102.014, Code of Criminal Procedure) . . . $25;
(7) [(8)] court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(8) [(9)] cost for visual recording of intoxication
arrest before conviction (Art. 102.018, Code of Criminal Procedure)
. . . $15;
(9) [(10)] cost of certain evaluations (Art. 102.018,
Code of Criminal Procedure) . . . actual cost;
(10) [(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
[(12)] additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(11) [(13) court cost for DNA testing for certain
felonies (Art. 102.020(a)(1), Code of Criminal Procedure) . . .
$250;
[(14) court cost for DNA testing for the offense of
public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
Criminal Procedure) . . . $50;
[(15) court cost for DNA testing for certain felonies
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
[(16)] if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $6 [$12];
(12) [(17)] if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge; and
(13) [(18)] costs attendant to convictions under
Chapter 49, Penal Code, and under Chapter 481, Health and Safety
Code, to help fund drug court programs established under Chapter
469, Health and Safety Code (Art. 102.0178, Code of Criminal
Procedure) . . . $30 [$60].
SECTION 11. Section 102.0212, Government Code, is amended
to read as follows:
Sec. 102.0212. COURT COSTS ON CONVICTION: LOCAL GOVERNMENT
CODE. A person convicted of an offense shall pay the following
under the Local Government Code, in addition to all other costs:
(1) court costs on conviction of a felony (Sec.
133.102, Local Government Code) . . . $185 [$133];
(2) court costs on conviction of a Class A or Class B
misdemeanor (Sec. 133.102, Local Government Code) . . . $160 [$83];
(3) court costs on conviction of a Class C
misdemeanor, except as provided by Section 133.102(a)(4), Local
Government Code (Sec. 133.102, Local Government Code). . . $122;
(3-a) court costs on conviction of [a nonjailable
misdemeanor offense, including] a criminal violation of a municipal
or county ordinance, including [other than] a conviction of an
offense relating to a pedestrian or the parking of a motor vehicle
(Sec. 133.102, Local Government Code) . . . $30 [$40]; and
(4) a time payment fee if convicted of a felony or
misdemeanor for paying any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or restitution
(Sec. 133.103, Local Government Code) . . . $13 [$25;
[(5) a cost on conviction of any offense, other than an
offense relating to a pedestrian or the parking of a motor vehicle
(Sec. 133.105, Local Government Code) . . . $6; and
[(6) a cost on conviction of any offense, other than an
offense relating to a pedestrian or the parking of a motor vehicle
(Sec. 133.107, Local Government Code) . . . $2].
SECTION 12. 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; and
(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].
SECTION 13. Section 102.081, Government Code, is amended to
read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a 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 clerk of the court services (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; and
(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].
SECTION 14. 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; and
(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].
SECTION 15. Section 102.121, Government Code, is amended to
read as follows:
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
municipal court shall collect fees and costs 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) . . . $3;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
and
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 if the municipality
employs a juvenile case manager[; and
[(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10].
SECTION 16. Section 103.0212, Government Code, is amended
to read as follows:
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
civil suit, as applicable, shall pay the following fees and costs
under the Family Code if ordered by the court or otherwise required:
(1) in family matters:
(A) issuing writ of withholding (Sec. 8.262,
Family Code) . . . $15;
(B) filing copy of writ of withholding to
subsequent employer (Sec. 8.267, Family Code) . . . $15;
(C) issuing and delivering modified writ of
withholding or notice of termination (Sec. 8.302, Family Code)
. . . $15;
(D) issuing and delivering notice of termination
of withholding (Sec. 8.303, Family Code) . . . $15;
(E) issuance of change of name certificate (Sec.
45.106, Family Code) . . . $10;
(F) protective order fee (Sec. 81.003, Family
Code) . . . $16;
(G) filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
(H) filing fees for suits affecting parent-child
relationship (Sec. 110.002, Family Code):
(i) suit or motion for modification (Sec.
110.002, Family Code) . . . $15;
(ii) motion for enforcement (Sec. 110.002,
Family Code) . . . $15;
(iii) notice of application for judicial
writ of withholding (Sec. 110.002, Family Code) . . . $15;
(iv) motion to transfer (Sec. 110.002,
Family Code) . . . $15;
(v) petition for license suspension (Sec.
110.002, Family Code) . . . $15;
(vi) motion to revoke a stay of license
suspension (Sec. 110.002, Family Code) . . . $15; and
(vii) motion for contempt (Sec. 110.002,
Family Code) . . . $15;
(I) order or writ of income withholding to be
delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(J) filing fee for transferred case (Sec.
110.005, Family Code) . . . $45;
(K) filing a writ of withholding (Sec. 158.319,
Family Code) . . . $15;
(L) filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family Code)
. . . not to exceed $15;
(M) filing an administrative writ to employer
(Sec. 158.503, Family Code) . . . not to exceed $15; and
(N) genetic testing fees in relation to a child
born to a gestational mother (Sec. 160.762, Family Code) . . . as
assessed by the court; and
(2) in juvenile court:
(A) fee schedule for deferred prosecution
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
(B) a request fee for a teen court program (Sec.
54.032, Family Code) . . . $20, if the court ordering the fee is
located in the Texas-Louisiana border region, but otherwise not to
exceed $10;
(C) [court costs for juvenile probation
diversion fund (Sec. 54.0411, Family Code) . . . $20;
[(D)] a juvenile delinquency prevention fee
(Sec. 54.0461, Family Code) . . . $50;
(D) [(E)] a court fee for child's probationary
period (Sec. 54.061, Family Code) . . . not to exceed $15 a month;
(E) [(F)] a fee to cover costs of required duties
of teen court (Sec. 54.032, Family Code) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(F) [(G)] a fee for DNA testing on commitment to
certain facilities (Sec. 54.0462, Family Code) . . . $50; and
(G) [(H)] a fee for DNA testing after placement
on probation or as otherwise required by law (Sec. 54.0462, Family
Code) . . . $34.
SECTION 17. Section 103.0213, Government Code, is amended
to read as follows:
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
party to a civil suit, as applicable, shall pay the following fees
and costs under the Transportation Code if ordered by the court or
otherwise required:
(1) administrative fee on dismissal of charge of
driving with an expired motor vehicle registration (Sec. 502.407,
Transportation Code) . . . not to exceed $20;
(2) administrative fee on dismissal of charge of
driving with an expired driver's license (Sec. 521.026,
Transportation Code) . . . not to exceed $20;
(3) administrative fee on remediation of charge of
driving with an expired inspection certificate (Sec. 548.605,
Transportation Code) . . . not to exceed $20;
(4) administrative fee for failure to appear for a
complaint or citation on certain offenses (Sec. 706.006,
Transportation Code) . . . $10 [$30] for each violation; and
(5) administrative fee for failure to pay or satisfy
certain judgments (Sec. 706.006, Transportation Code) . . . $10
[$30].
SECTION 18. Section 411.145(c), Government Code, is amended
to read as follows:
(c) A fee collected under this section shall be deposited in
the state treasury to the credit of the state highway fund, and
money deposited to the state highway fund under this section and
under Article [Articles] 42.12 [and 102.020(h)], Code of Criminal
Procedure, may be used only to defray the cost of administering this
subchapter and Section 411.0205.
SECTION 19. Section 469.006(c), Health and Safety Code, is
amended to read as follows:
(c) Notwithstanding Subsection (a), a county is required to
establish a drug court program under this section only if the county
receives federal or state funding or [, including] funding under
Article 102.0178, Code of Criminal Procedure, specifically for that
purpose.
SECTION 20. Section 773.006(b), Health and Safety Code, is
amended to read as follows:
(b) The account is composed of money deposited to the
account under Section 133.102(e), Local Government Code [Article
102.0185, Code of Criminal Procedure], and the earnings of the
account.
SECTION 21. Section 780.002(c), Health and Safety Code, is
amended to read as follows:
(c) Notwithstanding Subsection (b), in any state fiscal
year the comptroller shall deposit 49.5 percent of the surcharges
collected under Chapter 708, Transportation Code, to the credit of
the general revenue fund only until the total amount of the
surcharges deposited to the credit of the general revenue fund
under Subsection (b) and Section 133.102(e)(1-a), Local Government
[, and the state traffic fines deposited to the credit of that fund
under Section 542.4031(g)(1), Transportation] Code, equals $250
million for that year. If in any state fiscal year the amount
received by the comptroller under those laws for deposit to the
credit of the general revenue fund exceeds $250 million, the
comptroller shall deposit the additional amount to the credit of
the Texas mobility fund.
SECTION 22. Section 133.003, Local Government Code, is
amended to read as follows:
Sec. 133.003. CRIMINAL FEES. This chapter applies to the
following criminal fees:
(1) the consolidated fee imposed under Section
133.102;
(2) the time payment fee imposed under Section
133.103; and
(3) [fees for services of peace officers employed by
the state imposed under Article 102.011, Code of Criminal
Procedure, and forwarded to the comptroller as provided by Section
133.104;
[(4) costs on conviction imposed in certain statutory
county courts under Section 51.702, Government Code, and deposited
in the judicial fund;
[(5) costs on conviction imposed in certain county
courts under Section 51.703, Government Code, and deposited in the
judicial fund;
[(6) the administrative fee for failure to appear or
failure to pay or satisfy a judgment imposed under Section 706.006,
Transportation Code;
[(7)] fines on conviction imposed under Section
621.506(g), Transportation Code[;
[(8) the fee imposed under Article 102.0045, Code of
Criminal Procedure;
[(9) the cost on conviction imposed under Section
133.105 and deposited in the judicial fund; and
[(10) the cost on conviction imposed under Section
133.107].
SECTION 23. Section 133.103(a), Local Government Code, is
amended to read as follows:
(a) A person convicted of an offense shall pay, in addition
to all other costs, a fee of $13 [$25] if the person:
(1) has been convicted of a felony or misdemeanor; and
(2) pays any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or
restitution.
SECTION 24. Sections 706.006(a) and (b), Transportation
Code, are amended to read as follows:
(a) A person who fails to appear for a complaint or citation
for an offense described by Section 706.002(a) shall be required to
pay an administrative fee of $10 [$30] for each complaint or
citation reported to the department under this chapter, unless the
person is acquitted of the charges for which the person failed to
appear. The person shall pay the fee when:
(1) the court enters judgment on the underlying
offense reported to the department;
(2) the underlying offense is dismissed; or
(3) bond or other security is posted to reinstate the
charge for which the warrant was issued.
(b) A person who fails to pay or satisfy a judgment ordering
the payment of a fine and cost in the manner the court orders shall
be required to pay an administrative fee of $10 [$30].
SECTION 25. Sections 706.007(a) and (d), Transportation
Code, are amended to read as follows:
(a) An officer collecting a fee under Section 706.006 shall
remit the fee to the custodian of the municipal or county treasury
[keep records and deposit the money as provided by Subchapter B,
Chapter 133, Local Government Code].
(d) The [Of each fee collected under Section 706.006, the]
custodian of a municipal or county treasury shall[:
[(1) send $20 to the comptroller on or before the last
day of each calendar quarter; and
[(2)] deposit a fee remitted under Subsection (a) [the
remainder] to the credit of the general fund of the municipality or
county.
SECTION 26. The following provisions are repealed:
(1) Articles 102.0045, 102.0185, 102.020, and
102.022, Code of Criminal Procedure;
(2) Section 54.0411, Family Code;
(3) Sections 51.702(b) and 51.703(b), Government
Code;
(4) Sections 133.103(b), 133.104, 133.105, and
133.107, Local Government Code; and
(5) Sections 542.4031 and 706.007(b), (c), and (e),
Transportation Code.
SECTION 27. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date 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 28. This Act takes effect September 1, 2013.