Texas 2017 - 85th Regular

Texas Senate Bill SB1791 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12489 LHC-D
2	2	By: Menéndez S.B. No. 1791
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to veterans treatment court programs and the results of
8	8	successfully completing those programs; imposing a filing fee on
9	9	certain civil cases to benefit veterans treatment court programs;
10	10	changing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 101, Government Code, is
13	13	amended by adding Section 101.061195 to read as follows:
14	14	Sec. 101.061195. ADDITIONAL DISTRICT COURT FEES FOR
15	15	VETERANS TREATMENT COURT PROGRAMS: GOVERNMENT CODE. The clerk of a
16	16	district court shall collect an additional filing fee of $3 under
17	17	Section 124.007 in civil cases to benefit veterans treatment court
18	18	programs.
19	19	SECTION 2. Subchapter E, Chapter 101, Government Code, is
20	20	amended by adding Section 101.081194 to read as follows:
21	21	Sec. 101.081194. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
22	22	VETERANS TREATMENT COURT PROGRAMS: GOVERNMENT CODE. The clerk of a
23	23	statutory county court shall collect an additional filing fee of $3
24	24	under Section 124.007 in civil cases to benefit veterans treatment
25	25	court programs.
26	26	SECTION 3. Section 103.027(a), Government Code, is amended
27	27	to read as follows:
28	28	(a) Fees and costs shall be paid or collected under the
29	29	Government Code as follows:
30	30	(1) filing a certified copy of a judicial finding of
31	31	fact and conclusion of law if charged by the secretary of state
32	32	(Sec. 51.905, Government Code) . . . $15;
33	33	(2) cost paid by each surety posting the bail bond for
34	34	an offense other than a misdemeanor punishable by fine only under
35	35	Chapter 17, Code of Criminal Procedure, for the assistant
36	36	prosecutor supplement fund and the fair defense account (Sec.
37	37	41.258, Government Code) . . . $15, provided the cost does not
38	38	exceed $30 for all bail bonds posted at that time for an individual
39	39	and the cost is not required on the posting of a personal or cash
40	40	bond;
41	41	(3) to participate in a court proceeding in this
42	42	state, a nonresident attorney fee (Sec. 82.0361, Government Code) .
43	43	. . $250 except as waived or reduced under supreme court rules for
44	44	representing an indigent person;
45	45	(4) on a party's appeal of a final decision in a
46	46	contested case, the cost of preparing the original or a certified
47	47	copy of the record of the agency proceeding, if required by the
48	48	agency's rule, as a court cost (Sec. 2001.177, Government Code) . .
49	49	. as assessed by the court, all or part of the cost of preparation;
50	50	(5) a program fee for a drug court program (Sec.
51	51	123.004, Government Code) . . . not to exceed $1,000;
52	52	(6) an alcohol or controlled substance testing,
53	53	counseling, and treatment fee (Sec. 123.004, Government Code) . . .
54	54	the amount necessary to cover the costs of testing, counseling, and
55	55	treatment;
56	56	(7) a reasonable program fee for a veterans treatment
57	57	court program (Sec. 124.005, Government Code) . . . not to exceed
58	58	$500 [$1,000];
59	59	(8) a testing, counseling, and treatment fee for
60	60	testing, counseling, or treatment performed or provided under a
61	61	veterans treatment court program (Sec. 124.005, Government Code) .
62	62	. . the amount necessary to cover the costs of testing, counseling,
63	63	or treatment; and
64	64	(9) a nonrefundable program fee for a prostitution
65	65	prevention program (Sec. 126.006, Government Code) . . . a
66	66	reasonable amount not to exceed $1,000, which must include a
67	67	counseling and services fee in an amount necessary to cover the
68	68	costs of counseling and services provided by the program, a victim
69	69	services fee in an amount equal to 10 percent of the total fee, and a
70	70	law enforcement training fee in an amount equal to five percent of
71	71	the total fee.
72	72	SECTION 4. Section 124.005(a), Government Code, is amended
73	73	to read as follows:
74	74	(a) A veterans treatment court program established under
75	75	this chapter may collect from a participant in the program:
76	76	(1) a reasonable program fee not to exceed $500
77	77	[$1,000]; and
78	78	(2) a testing, counseling, and treatment fee in an
79	79	amount necessary to cover the costs of any testing, counseling, or
80	80	treatment performed or provided under the program.
81	81	SECTION 5. Chapter 124, Government Code, is amended by
82	82	adding Section 124.007 to read as follows:
83	83	Sec. 124.007. ADDITIONAL FILING FEE FOR CIVIL CASES IN
84	84	CERTAIN COURTS. (a) In addition to all other fees authorized or
85	85	required by other law, the clerk of a district court or statutory
86	86	county court shall assess a fee of $3 in each civil case filed in the
87	87	court to be used to benefit veterans treatment court programs.
88	88	(b) Court fees due under this section are collected in the
89	89	same manner as other fees, fines, or costs are collected in the
90	90	case. A clerk collecting the fees shall keep separate records of
91	91	the funds collected as fees under this section and shall deposit the
92	92	funds in the county treasury, as appropriate.
93	93	(c) The custodian of a county treasury shall:
94	94	(1) keep records of the amount of funds on deposit
95	95	collected under this section; and
96	96	(2) except as provided by Subsection (d), send to the
97	97	comptroller before the last day of the first month following each
98	98	calendar quarter the funds collected under this section during the
99	99	preceding quarter.
100	100	(d) If a county has established a veterans treatment court
101	101	program or establishes a veterans treatment court program before
102	102	the expiration of the calendar quarter, the county is entitled to
103	103	retain 60 percent of the funds collected under this section by a
104	104	clerk during the calendar quarter to be used exclusively for the
105	105	development and maintenance of veterans treatment court programs
106	106	operated within the county.
107	107	(e) If no funds due as fees under this section are deposited
108	108	in a county treasury in a calendar quarter, the custodian of the
109	109	treasury shall file the report required for the quarter in the
110	110	regular manner and must state that no funds were collected.
111	111	(f) The comptroller shall deposit the funds received under
112	112	this section to the credit of the veterans treatment court account
113	113	in the general revenue fund to help fund veterans treatment court
114	114	programs established under this chapter or former law. The
115	115	legislature shall appropriate money from the account solely to the
116	116	criminal justice division of the governor's office for distribution
117	117	to veterans treatment court programs that apply for the money.
118	118	(g) Funds collected under this section are subject to audit
119	119	by the comptroller.
120	120	SECTION 6. Subchapter E-1, Chapter 411, Government Code, is
121	121	amended by adding Section 411.0726 to read as follows:
122	122	Sec. 411.0726. PROCEDURE FOLLOWING DISMISSAL OF CHARGES
123	123	AFTER SUCCESSFUL COMPLETION OF VETERANS TREATMENT COURT PROGRAM.
124	124	(a) This section applies only to a person:
125	125	(1) who successfully completes a veterans treatment
126	126	court program under Chapter 124 or former law; and
127	127	(2) with respect to whom the applicable charge for the
128	128	offense for which the person entered that program is dismissed
129	129	under Section 124.001(b).
130	130	(b) Notwithstanding any other provision of this subchapter
131	131	or Subchapter F, a court that dismisses the charges against a person
132	132	described by Subsection (a) as a result of the person's
133	133	participation in a veterans treatment court program shall issue an
134	134	order of nondisclosure of criminal history record information under
135	135	this subchapter prohibiting criminal justice agencies from
136	136	disclosing to the public criminal history record information
137	137	related to the offense for which the person entered the program.
138	138	The court shall issue the order of nondisclosure not later than the
139	139	30th day after the date the court dismisses the charges against the
140	140	person.
141	141	(c) The person must pay a $28 fee to the clerk of the court
142	142	before the court issues the order of nondisclosure of criminal
143	143	history record information under this section.
144	144	SECTION 7. Section 411.074, Government Code, is amended by
145	145	adding Subsection (c) to read as follows:
146	146	(c) This section does not apply to an order of nondisclosure
147	147	of criminal history record information under Section 411.0726.
148	148	SECTION 8. Section 103.0271, Government Code, is repealed.
149	149	SECTION 9. The change in law made by this Act to Section
150	150	124.005(a), Government Code, applies to a person who, on or after
151	151	the effective date of this Act, enters a veterans treatment court
152	152	program under Chapter 124, Government Code, regardless of whether
153	153	the person committed the offense for which the person enters the
154	154	program before, on, or after the effective date of this Act.
155	155	SECTION 10. (a) The changes in law made by this Act in
156	156	adding Section 411.0726, Government Code, apply to an order of
157	157	nondisclosure of criminal history record information for a person
158	158	who successfully completes a veterans treatment court program under
159	159	Chapter 124, Government Code, or former law, before, on, or after
160	160	the effective date of this Act, regardless of when the underlying
161	161	arrest occurred.
162	162	(b) For a person who is entitled to an order of
163	163	nondisclosure of criminal history record information under Section
164	164	411.0726, Government Code, as added by this Act, based on a
165	165	successful completion of a veterans treatment court program under
166	166	Chapter 124, Government Code, or former law, before the effective
167	167	date of this Act, notwithstanding the 30-day time limit provided
168	168	for the court to enter an automatic order of nondisclosure of
169	169	criminal history record information under that section, the court
170	170	shall enter an order of nondisclosure of criminal history record
171	171	information for the person as soon as practicable after the court
172	172	receives written notice from any party to the case about the
173	173	person's entitlement to the order of nondisclosure.
174	174	SECTION 11. To the extent of any conflict, this Act prevails
175	175	over another Act of the 85th Legislature, Regular Session, 2017,
176	176	relating to nonsubstantive additions to and corrections in enacted
177	177	codes.
178	178	SECTION 12. This Act takes effect September 1, 2017.