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Texas House Bill HB2481

Texas 2019 - 86th Regular

Texas House Bill HB2481 Compare Versions

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1-H.B. No. 2481
1+By: Metcalf, Ramos, Guillen H.B. No. 2481
2+ (Senate Sponsor - Creighton)
3+ (In the Senate - Received from the House May 2, 2019;
4+ May 7, 2019, read first time and referred to Committee on Criminal
5+ Justice; May 15, 2019, reported favorably by the following vote:
6+ Yeas 6, Nays 0; May 15, 2019, sent to printer.)
7+Click here to see the committee vote
28
39
10+ A BILL TO BE ENTITLED
411 AN ACT
5- relating to the creation and administration of certain specialty
6- court programs; authorizing fees.
12+ relating to the administration of a veterans treatment court
13+ program.
714 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
815 SECTION 1. Section 124.003(b), Government Code, is amended
916 to read as follows:
1017 (b) A veterans treatment court program established under
1118 this chapter shall make, establish, and publish local procedures to
1219 ensure maximum participation of eligible defendants in the program
1320 [county or counties in which those defendants reside].
1421 SECTION 2. Sections 124.006(a) and (d), Government Code,
1522 are amended to read as follows:
1623 (a) A veterans treatment court program that accepts
1724 placement of a defendant may transfer responsibility for
1825 supervising the defendant's participation in the program to another
1926 veterans treatment court program that is located in the county
2027 where the defendant works or resides or in a county adjacent to the
2128 county where the defendant works or resides. The defendant's
2229 supervision may be transferred under this section only with the
2330 consent of both veterans treatment court programs and the
2431 defendant.
2532 (d) If a defendant is charged with an offense in a county
2633 that does not operate a veterans treatment court program, the court
2734 in which the criminal case is pending may place the defendant in a
2835 veterans treatment court program located in the county where the
2936 defendant works or resides or in a county adjacent to the county
3037 where the defendant works or resides, provided that a program is
3138 operated in that county and the defendant agrees to the placement.
3239 A defendant placed in a veterans treatment court program in
3340 accordance with this subsection must agree to abide by all rules,
3441 requirements, and instructions of the program.
35- SECTION 3. Subtitle K, Title 2, Government Code, is amended
36- by adding Chapter 130 to read as follows:
37- CHAPTER 130. JUVENILE FAMILY DRUG COURT PROGRAM
38- Sec. 130.001. JUVENILE FAMILY DRUG COURT PROGRAM
39- DEFINED. In this chapter, "juvenile family drug court program"
40- means a program that has the following essential characteristics:
41- (1) the integration of substance abuse treatment
42- services in the processing of cases and proceedings under Title 3,
43- Family Code;
44- (2) the use of a comprehensive case management
45- approach involving court-appointed case managers and
46- court-appointed special advocates to rehabilitate an individual
47- who is suspected of substance abuse and who resides with a child who
48- is the subject of a case filed under Title 3, Family Code;
49- (3) early identification and prompt placement of
50- eligible individuals who volunteer to participate in the program;
51- (4) comprehensive substance abuse needs assessment
52- and referrals to appropriate substance abuse treatment agencies for
53- participants;
54- (5) a progressive treatment approach with specific
55- requirements for participants to meet for successful completion of
56- the program;
57- (6) monitoring of abstinence through periodic
58- screening for alcohol or screening for controlled substances;
59- (7) ongoing judicial interaction with program
60- participants;
61- (8) monitoring and evaluation of program goals and
62- effectiveness;
63- (9) continuing interdisciplinary education for the
64- promotion of effective program planning, implementation, and
65- operation; and
66- (10) development of partnerships with public agencies
67- and community organizations.
68- Sec. 130.002. AUTHORITY TO ESTABLISH PROGRAM. The
69- commissioners court of a county may establish a juvenile family
70- drug court program for individuals who:
71- (1) are suspected by the Department of Family and
72- Protective Services or the court of having a substance abuse
73- problem; and
74- (2) reside in the home of a child who is the subject of
75- a case filed under Title 3, Family Code.
76- Sec. 130.003. PARTICIPANT PAYMENT FOR TREATMENT AND
77- SERVICES. A juvenile family drug court program may require a
78- participant to pay the cost of all treatment and services received
79- while participating in the program, based on the participant's
80- ability to pay.
81- Sec. 130.004. FUNDING. A county that creates a juvenile
82- family drug court under this chapter shall explore the possibility
83- of using court improvement project money to finance the juvenile
84- family drug court in the county. The county also shall explore the
85- availability of federal and state matching money to finance the
86- court.
87- SECTION 4. Article 102.0178(g), Code of Criminal Procedure,
88- is amended to read as follows:
89- (g) The comptroller shall deposit the funds received under
90- this article to the credit of the drug court account in the general
91- revenue fund to help fund drug court programs established under
92- Chapter 122, 123, 124, 125, [or] 129, or 130, Government Code, or
93- former law. The legislature shall appropriate money from the
94- account solely to the criminal justice division of the governor's
95- office for distribution to drug court programs that apply for the
96- money.
97- SECTION 5. Section 102.021, Government Code, is amended to
98- read as follows:
99- Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
100- PROCEDURE. A person convicted of an offense shall pay the
101- following under the Code of Criminal Procedure, in addition to all
102- other costs:
103- (1) court cost on conviction of any offense, other
104- than a conviction of an offense relating to a pedestrian or the
105- parking of a motor vehicle (Art. 102.0045, Code of Criminal
106- Procedure) . . . $4;
107- (2) a fee for services of prosecutor (Art. 102.008,
108- Code of Criminal Procedure) . . . $25;
109- (3) fees for services of peace officer:
110- (A) issuing a written notice to appear in court
111- for certain violations (Art. 102.011, Code of Criminal Procedure)
112- . . . $5;
113- (B) executing or processing an issued arrest
114- warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
115- Procedure) . . . $50;
116- (C) summoning a witness (Art. 102.011, Code of
117- Criminal Procedure) . . . $5;
118- (D) serving a writ not otherwise listed (Art.
119- 102.011, Code of Criminal Procedure) . . . $35;
120- (E) taking and approving a bond and, if
121- necessary, returning the bond to courthouse (Art. 102.011, Code of
122- Criminal Procedure) . . . $10;
123- (F) commitment or release (Art. 102.011, Code of
124- Criminal Procedure) . . . $5;
125- (G) summoning a jury (Art. 102.011, Code of
126- Criminal Procedure) . . . $5;
127- (H) attendance of a prisoner in habeas corpus
128- case if prisoner has been remanded to custody or held to bail (Art.
129- 102.011, Code of Criminal Procedure) . . . $8 each day;
130- (I) mileage for certain services performed (Art.
131- 102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
132- (J) services of a sheriff or constable who serves
133- process and attends examining trial in certain cases (Art. 102.011,
134- Code of Criminal Procedure) . . . not to exceed $5;
135- (4) services of a peace officer in conveying a witness
136- outside the county (Art. 102.011, Code of Criminal Procedure) . . .
137- $10 per day or part of a day, plus actual necessary travel expenses;
138- (5) overtime of peace officer for time spent
139- testifying in the trial or traveling to or from testifying in the
140- trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
141- (6) court costs on an offense relating to rules of the
142- road, when offense occurs within a school crossing zone (Art.
143- 102.014, Code of Criminal Procedure) . . . $25;
144- (7) court costs on an offense of passing a school bus
145- (Art. 102.014, Code of Criminal Procedure) . . . $25;
146- (8) court costs on an offense of parent contributing
147- to student nonattendance (Art. 102.014, Code of Criminal Procedure)
148- . . . $20;
149- (9) cost for visual recording of intoxication arrest
150- before conviction (Art. 102.018, Code of Criminal Procedure) . . .
151- $15;
152- (10) cost of certain evaluations (Art. 102.018, Code
153- of Criminal Procedure) . . . actual cost;
154- (11) additional costs attendant to certain
155- intoxication convictions under Chapter 49, Penal Code, for
156- emergency medical services, trauma facilities, and trauma care
157- systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
158- (12) additional costs attendant to certain child
159- sexual assault and related convictions, for child abuse prevention
160- programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
161- (13) court cost for DNA testing for certain felonies
162- (Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
163- (14) court cost for DNA testing for certain
164- misdemeanors and felonies (Art. 102.020(a)(2), Code of Criminal
165- Procedure) . . . $50;
166- (15) court cost for DNA testing for certain felonies
167- (Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
168- (16) if required by the court, a restitution fee for
169- costs incurred in collecting restitution installments and for the
170- compensation to victims of crime fund (Art. 42.037, Code of
171- Criminal Procedure) . . . $12;
172- (17) if directed by the justice of the peace or
173- municipal court judge hearing the case, court costs on conviction
174- in a criminal action (Art. 45.041, Code of Criminal Procedure)
175- . . . part or all of the costs as directed by the judge; and
176- (18) costs attendant to convictions under Chapter 49,
177- Penal Code, and under Chapter 481, Health and Safety Code, to help
178- fund drug court programs established under Chapter 122, 123, 124,
179- [or] 125, 129, or 130, Government Code, or former law (Art.
180- 102.0178, Code of Criminal Procedure) . . . $60.
181- SECTION 6. Subchapter B, Chapter 103, Government Code, is
182- amended by adding Section 103.02713 to read as follows:
183- Sec. 103.02713. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
184- GOVERNMENT CODE. A participant in a juvenile family drug court
185- program shall pay, if ordered by the court or otherwise required, in
186- addition to any other fees or costs, a treatment and services fee in
187- an amount to cover the cost of all treatment and services received.
188- SECTION 7. This Act takes effect immediately if it receives
42+ SECTION 3. This Act takes effect immediately if it receives
18943 a vote of two-thirds of all the members elected to each house, as
19044 provided by Section 39, Article III, Texas Constitution. If this
19145 Act does not receive the vote necessary for immediate effect, this
19246 Act takes effect September 1, 2019.
193- ______________________________ ______________________________
194- President of the Senate Speaker of the House
195- I certify that H.B. No. 2481 was passed by the House on May 2,
196- 2019, by the following vote: Yeas 139, Nays 0, 1 present, not
197- voting; and that the House concurred in Senate amendments to H.B.
198- No. 2481 on May 23, 2019, by the following vote: Yeas 141, Nays 0,
199- 1 present, not voting.
200- ______________________________
201- Chief Clerk of the House
202- I certify that H.B. No. 2481 was passed by the Senate, with
203- amendments, on May 19, 2019, by the following vote: Yeas 31, Nays
204- 0.
205- ______________________________
206- Secretary of the Senate
207- APPROVED: __________________
208- Date
209- __________________
210- Governor
47+ * * * * *