85R12489 LHC-D
By: Menéndez S.B. No. 1791
A BILL TO BE ENTITLED
AN ACT
relating to veterans treatment court programs and the results of
successfully completing those programs; imposing a filing fee on
certain civil cases to benefit veterans treatment court programs;
changing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.061195 to read as follows:
Sec. 101.061195. ADDITIONAL DISTRICT COURT FEES FOR
VETERANS TREATMENT COURT PROGRAMS: GOVERNMENT CODE. The clerk of a
district court shall collect an additional filing fee of $3 under
Section 124.007 in civil cases to benefit veterans treatment court
programs.
SECTION 2. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.081194 to read as follows:
Sec. 101.081194. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
VETERANS TREATMENT COURT PROGRAMS: GOVERNMENT CODE. The clerk of a
statutory county court shall collect an additional filing fee of $3
under Section 124.007 in civil cases to benefit veterans treatment
court programs.
SECTION 3. Section 103.027(a), Government Code, is amended
to read as follows:
(a) Fees and costs shall be paid or collected under the
Government Code as follows:
(1) filing a certified copy of a judicial finding of
fact and conclusion of law if charged by the secretary of state
(Sec. 51.905, Government Code) . . . $15;
(2) cost paid by each surety posting the bail bond for
an offense other than a misdemeanor punishable by fine only under
Chapter 17, Code of Criminal Procedure, for the assistant
prosecutor supplement fund and the fair defense account (Sec.
41.258, Government Code) . . . $15, provided the cost does not
exceed $30 for all bail bonds posted at that time for an individual
and the cost is not required on the posting of a personal or cash
bond;
(3) to participate in a court proceeding in this
state, a nonresident attorney fee (Sec. 82.0361, Government Code) .
. . $250 except as waived or reduced under supreme court rules for
representing an indigent person;
(4) on a party's appeal of a final decision in a
contested case, the cost of preparing the original or a certified
copy of the record of the agency proceeding, if required by the
agency's rule, as a court cost (Sec. 2001.177, Government Code) . .
. as assessed by the court, all or part of the cost of preparation;
(5) a program fee for a drug court program (Sec.
123.004, Government Code) . . . not to exceed $1,000;
(6) an alcohol or controlled substance testing,
counseling, and treatment fee (Sec. 123.004, Government Code) . . .
the amount necessary to cover the costs of testing, counseling, and
treatment;
(7) a reasonable program fee for a veterans treatment
court program (Sec. 124.005, Government Code) . . . not to exceed
$500 [$1,000];
(8) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
veterans treatment court program (Sec. 124.005, Government Code) .
. . the amount necessary to cover the costs of testing, counseling,
or treatment; and
(9) a nonrefundable program fee for a prostitution
prevention program (Sec. 126.006, Government Code) . . . a
reasonable amount not to exceed $1,000, which must include a
counseling and services fee in an amount necessary to cover the
costs of counseling and services provided by the program, a victim
services fee in an amount equal to 10 percent of the total fee, and a
law enforcement training fee in an amount equal to five percent of
the total fee.
SECTION 4. Section 124.005(a), Government Code, is amended
to read as follows:
(a) A veterans treatment court program established under
this chapter may collect from a participant in the program:
(1) a reasonable program fee not to exceed $500
[$1,000]; and
(2) a testing, counseling, and treatment fee in an
amount necessary to cover the costs of any testing, counseling, or
treatment performed or provided under the program.
SECTION 5. Chapter 124, Government Code, is amended by
adding Section 124.007 to read as follows:
Sec. 124.007. ADDITIONAL FILING FEE FOR CIVIL CASES IN
CERTAIN COURTS. (a) In addition to all other fees authorized or
required by other law, the clerk of a district court or statutory
county court shall assess a fee of $3 in each civil case filed in the
court to be used to benefit veterans treatment court programs.
(b) Court fees due under this section are collected in the
same manner as other fees, fines, or costs are collected in the
case. A clerk collecting the fees shall keep separate records of
the funds collected as fees under this section and shall deposit the
funds in the county treasury, as appropriate.
(c) The custodian of a county treasury shall:
(1) keep records of the amount of funds on deposit
collected under this section; and
(2) except as provided by Subsection (d), send to the
comptroller before the last day of the first month following each
calendar quarter the funds collected under this section during the
preceding quarter.
(d) If a county has established a veterans treatment court
program or establishes a veterans treatment court program before
the expiration of the calendar quarter, the county is entitled to
retain 60 percent of the funds collected under this section by a
clerk during the calendar quarter to be used exclusively for the
development and maintenance of veterans treatment court programs
operated within the county.
(e) If no funds due as fees under this section are deposited
in a county treasury in a calendar quarter, the custodian of the
treasury shall file the report required for the quarter in the
regular manner and must state that no funds were collected.
(f) The comptroller shall deposit the funds received under
this section to the credit of the veterans treatment court account
in the general revenue fund to help fund veterans treatment court
programs established under this chapter or former law. The
legislature shall appropriate money from the account solely to the
criminal justice division of the governor's office for distribution
to veterans treatment court programs that apply for the money.
(g) Funds collected under this section are subject to audit
by the comptroller.
SECTION 6. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0726 to read as follows:
Sec. 411.0726. PROCEDURE FOLLOWING DISMISSAL OF CHARGES
AFTER SUCCESSFUL COMPLETION OF VETERANS TREATMENT COURT PROGRAM.
(a) This section applies only to a person:
(1) who successfully completes a veterans treatment
court program under Chapter 124 or former law; and
(2) with respect to whom the applicable charge for the
offense for which the person entered that program is dismissed
under Section 124.001(b).
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a court that dismisses the charges against a person
described by Subsection (a) as a result of the person's
participation in a veterans treatment court program shall issue an
order of nondisclosure of criminal history record information under
this subchapter prohibiting criminal justice agencies from
disclosing to the public criminal history record information
related to the offense for which the person entered the program.
The court shall issue the order of nondisclosure not later than the
30th day after the date the court dismisses the charges against the
person.
(c) The person must pay a $28 fee to the clerk of the court
before the court issues the order of nondisclosure of criminal
history record information under this section.
SECTION 7. Section 411.074, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) This section does not apply to an order of nondisclosure
of criminal history record information under Section 411.0726.
SECTION 8. Section 103.0271, Government Code, is repealed.
SECTION 9. The change in law made by this Act to Section
124.005(a), Government Code, applies to a person who, on or after
the effective date of this Act, enters a veterans treatment court
program under Chapter 124, Government Code, regardless of whether
the person committed the offense for which the person enters the
program before, on, or after the effective date of this Act.
SECTION 10. (a) The changes in law made by this Act in
adding Section 411.0726, Government Code, apply to an order of
nondisclosure of criminal history record information for a person
who successfully completes a veterans treatment court program under
Chapter 124, Government Code, or former law, before, on, or after
the effective date of this Act, regardless of when the underlying
arrest occurred.
(b) For a person who is entitled to an order of
nondisclosure of criminal history record information under Section
411.0726, Government Code, as added by this Act, based on a
successful completion of a veterans treatment court program under
Chapter 124, Government Code, or former law, before the effective
date of this Act, notwithstanding the 30-day time limit provided
for the court to enter an automatic order of nondisclosure of
criminal history record information under that section, the court
shall enter an order of nondisclosure of criminal history record
information for the person as soon as practicable after the court
receives written notice from any party to the case about the
person's entitlement to the order of nondisclosure.
SECTION 11. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 12. This Act takes effect September 1, 2017.