Texas 2019 86th Regular

Texas House Bill HB3992 Introduced / Bill

Filed 03/07/2019

                    86R1959 YDB-D
 By: Hefner H.B. No. 3992


 A BILL TO BE ENTITLED
 AN ACT
 relating to court costs imposed on conviction and deposited to the
 courthouse security fund or the municipal court building security
 fund; increasing fees.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Articles 102.017(a) and (b), Code of Criminal
 Procedure, are amended to read as follows:
 (a)  A defendant convicted of a felony offense in a district
 court shall pay a $10 [$5] security fee as a cost of court.
 (b)  A defendant convicted of a misdemeanor offense in a
 county court, county court at law, or district court shall pay a $5
 [$3] security fee as a cost of court.  A defendant convicted of a
 misdemeanor offense in a justice court shall pay a $5 [$4] security
 fee as a cost of court.  The governing body of a municipality by
 ordinance may create a municipal court building security fund and
 may require a defendant convicted of a misdemeanor offense in a
 municipal court to pay a $5 [$3] security fee as a cost of court.
 SECTION 2.  Section 102.041, Government Code, is amended to
 read as follows:
 Sec. 102.041.  ADDITIONAL COURT COSTS ON CONVICTION IN
 DISTRICT COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of a
 district 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) . . . $40;
 (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 felony offense (Art. 102.017,
 Code of Criminal Procedure) . . . $10 [$5];
 (6)  a security fee on a misdemeanor offense (Art.
 102.017, Code of Criminal Procedure) . . . $5 [$3]; and
 (7)  a juvenile delinquency prevention and graffiti
 eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
 $50.
 SECTION 3.  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) . . . $40;
 (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) . . . $5 [$3];
 (6)  a juvenile delinquency prevention and graffiti
 eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
 $50;
 (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 4.  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) . . . $40;
 (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) . . . $5 [$3];
 (6)  a juvenile delinquency prevention and graffiti
 eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
 $50;
 (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 5.  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) . . . $5 [$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; and
 (8)  a civil justice fee (Art. 102.022, Code of
 Criminal Procedure) . . . $0.10.
 SECTION 6.  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) . . . $5 [$3];
 (5)  a fee for technology fund on a misdemeanor offense
 (Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
 (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 7.  The change in law made by this Act applies only
 to court costs imposed on conviction of an offense committed on or
 after January 1, 2020. For purposes of this section, an offense is
 committed before January 1, 2020, if any element of the offense
 occurs before that date. Court costs imposed on conviction of an
 offense committed before January 1, 2020, are governed by the law in
 effect immediately before the effective date of this Act, and the
 former law is continued in effect for that purpose.
 SECTION 8.  This Act takes effect September 1, 2019.