84R11996 LED-D
By: Kuempel H.B. No. 3927
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the constable technology 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; CONSTABLE TECHNOLOGY FUND. (a)
The commissioners court of a county by order shall create a
constable technology fund. A defendant convicted of a misdemeanor
offense in justice court shall pay a $4 constable technology fee as
a cost of court for deposit in the fund.
(b) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person; or
(2) the court defers final disposition of the person's
case.
(c) The justice court clerk shall collect the costs and pay
the funds to the county treasurer, or to any other official who
discharges the duties commonly delegated to the county treasurer,
for deposit in a fund to be known as the constable technology fund.
(d) A fund designated by this article may be used only to
finance:
(1) the cost of continuing education and training for
constables, deputy constables, and support staff regarding
technological enhancements for the office of constable; and
(2) the purchase and maintenance of technological
enhancements for the office of constable, including:
(A) computer systems;
(B) computer networks;
(C) computer hardware;
(D) computer software;
(E) electronic transmission hardware or
software;
(F) imaging and recording systems and equipment;
(G) court integration equipment; and
(H) records management systems.
(e) The constable technology fund shall be administered by or
under the direction of the commissioners court of the county.
SECTION 2. 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 or similar sight
order (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 fee for constable technology fund on a
misdemeanor offense (Art. 102.0175, Code of Criminal
Procedure) . . . $4.
SECTION 3. The change in law made by this Act applies 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 when 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 was committed before that
date.
SECTION 4. This Act takes effect September 1, 2015.