341 | 341 | | SECTION 1.06. Article 102.015, Code of Criminal Procedure, |
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342 | 342 | | is transferred to Subchapter C-1, Chapter 133, Local Government |
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343 | 343 | | Code, as added by this article, redesignated as Section 133.125, |
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344 | 344 | | and amended to read as follows: |
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345 | 345 | | Sec. 133.125 [Art. 102.015]. ALLOCATION OF FEES TO [COURT |
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346 | 346 | | COSTS:] TRUANCY PREVENTION AND DIVERSION ACCOUNT [FUND]. (a) The |
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347 | 347 | | truancy prevention and diversion account [fund] is a dedicated |
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348 | 348 | | account in the general revenue fund. The account consists of money |
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349 | 349 | | allocated to the account under Section 133.102(e). |
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350 | 350 | | (b) [A person convicted in municipal or justice court of an |
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351 | 351 | | offense, other than an offense relating to a pedestrian or the |
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352 | 352 | | parking of a motor vehicle, shall pay as a court cost $2 in addition |
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353 | 353 | | to other court costs. |
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354 | 354 | | [(c) For purposes of this article, a person is considered to |
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355 | 355 | | have been convicted if: |
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356 | 356 | | [(1) a sentence is imposed; or |
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357 | 357 | | [(2) the defendant receives deferred disposition in |
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358 | 358 | | the case. |
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359 | 359 | | [(d) Court costs under this article are collected in the |
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360 | 360 | | same manner as other fines or costs. An officer collecting the |
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361 | 361 | | costs shall keep separate records of the funds collected as costs |
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362 | 362 | | under this article and shall deposit the funds in the county |
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363 | 363 | | treasury or municipal treasury, as applicable. |
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364 | 364 | | [(e) The custodian of a county treasury or municipal |
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365 | 365 | | treasury, as applicable, shall: |
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366 | 366 | | [(1) keep records of the amount of funds on deposit |
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367 | 367 | | collected under this article; and |
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368 | 368 | | [(2) send to the comptroller before the last day of the |
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369 | 369 | | first month following each calendar quarter the funds collected |
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370 | 370 | | under this article during the preceding quarter, except that the |
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371 | 371 | | custodian may retain 50 percent of funds collected under this |
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372 | 372 | | article for the purpose of operating or establishing a juvenile |
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373 | 373 | | case manager program, if the county or municipality has established |
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374 | 374 | | or is attempting to establish a juvenile case manager program. |
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375 | 375 | | [(f) If no funds due as costs under this article are |
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376 | 376 | | deposited in a county treasury or municipal treasury in a calendar |
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377 | 377 | | quarter, the custodian of the treasury shall file the report |
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378 | 378 | | required for the quarter in the regular manner and must state that |
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379 | 379 | | no funds were collected. |
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380 | 380 | | [(g) The comptroller shall deposit the funds received under |
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381 | 381 | | this article to the credit of a dedicated account in the general |
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382 | 382 | | revenue fund to be known as the truancy prevention and diversion |
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383 | 383 | | fund.] The legislature may appropriate money from the truancy |
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384 | 384 | | prevention and diversion account only to the criminal justice |
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385 | 385 | | division of the governor's office for distribution to local |
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386 | 386 | | governmental entities for truancy prevention and intervention |
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387 | 387 | | services. |
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388 | 388 | | (c) [(h)] A local governmental entity may request funds |
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389 | 389 | | from the criminal justice division of the governor's office for |
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390 | 390 | | providing truancy prevention and intervention services. The |
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391 | 391 | | division may award the requested funds based on the availability of |
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392 | 392 | | appropriated funds and subject to the application procedure and |
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393 | 393 | | eligibility requirements specified by division rule. |
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394 | 394 | | [(i) Funds collected under this article are subject to audit |
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395 | 395 | | by the comptroller.] |
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396 | 396 | | SECTION 1.07. Article 102.0169, Code of Criminal Procedure, |
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397 | 397 | | is amended to read as follows: |
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398 | 398 | | Art. 102.0169. [COURT COSTS;] COUNTY AND DISTRICT COURT |
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399 | 399 | | TECHNOLOGY FUND. (a) [A defendant convicted of a criminal offense |
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400 | 400 | | in a county court, statutory county court, or district court shall |
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401 | 401 | | pay a $4 county and district court technology fee as a cost of |
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402 | 402 | | court. |
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403 | 403 | | [(b) In this article, a person is considered convicted if: |
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404 | 404 | | [(1) a sentence is imposed on the person; |
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405 | 405 | | [(2) the person receives community supervision, |
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406 | 406 | | including deferred adjudication; or |
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407 | 407 | | [(3) the court defers final disposition of the |
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408 | 408 | | person's case. |
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409 | 409 | | [(c)] The [clerks of the courts described by Subsection (a) |
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410 | 410 | | shall collect the costs and pay them to the county treasurer or to |
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411 | 411 | | any other official who discharges the duties commonly delegated to |
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412 | 412 | | the county treasurer, as appropriate, for deposit in a fund to be |
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413 | 413 | | known as the] county and district court technology fund is a fund in |
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414 | 414 | | the county treasury. The fund consists of money allocated to the |
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415 | 415 | | fund under Sections 134.101 and 134.102, Local Government Code. |
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416 | 416 | | (b) Money in the county and district court technology fund |
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417 | 417 | | [(d) A fund designated by this article] may be used only to |
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418 | 418 | | finance: |
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419 | 419 | | (1) the cost of continuing education and training for |
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420 | 420 | | county court, statutory county court, or district court judges and |
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421 | 421 | | clerks regarding technological enhancements for those courts; and |
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422 | 422 | | (2) the purchase and maintenance of technological |
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423 | 423 | | enhancements for a county court, statutory county court, or |
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424 | 424 | | district court, including: |
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425 | 425 | | (A) computer systems; |
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426 | 426 | | (B) computer networks; |
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427 | 427 | | (C) computer hardware; |
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428 | 428 | | (D) computer software; |
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429 | 429 | | (E) imaging systems; |
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430 | 430 | | (F) electronic kiosks; and |
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431 | 431 | | (G) docket management systems. |
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432 | 432 | | (c) [(e)] The county and district court technology fund |
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433 | 433 | | shall be administered by or under the direction of the |
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434 | 434 | | commissioners court of the county. |
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435 | 435 | | SECTION 1.08. Article 102.017, Code of Criminal Procedure, |
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436 | 436 | | is amended to read as follows: |
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437 | 437 | | Art. 102.017. [COURT COSTS;] COURTHOUSE SECURITY FUND; |
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438 | 438 | | MUNICIPAL COURT BUILDING SECURITY FUND; JUSTICE COURT BUILDING |
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439 | 439 | | SECURITY FUND. (a) The [A defendant convicted of a felony offense |
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440 | 440 | | in a district court shall pay a $5 security fee as a cost of court. |
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441 | 441 | | [(b) A defendant convicted of a misdemeanor offense in a |
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442 | 442 | | county court, county court at law, or district court shall pay a $3 |
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443 | 443 | | security fee as a cost of court. A defendant convicted of a |
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444 | 444 | | misdemeanor offense in a justice court shall pay a $4 security fee |
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445 | 445 | | as a cost of court. The governing body of a municipality by |
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446 | 446 | | ordinance may create a municipal court building security fund and |
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447 | 447 | | may require a defendant convicted of a misdemeanor offense in a |
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448 | 448 | | municipal court to pay a $3 security fee as a cost of court. |
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449 | 449 | | [(c) In this article, a person is considered convicted if: |
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450 | 450 | | [(1) a sentence is imposed on the person; |
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451 | 451 | | [(2) the person receives community supervision, |
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452 | 452 | | including deferred adjudication; or |
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453 | 453 | | [(3) the court defers final disposition of the |
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454 | 454 | | person's case. |
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455 | 455 | | [(d) Except as provided by Subsection (d-2), the clerks of |
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456 | 456 | | the respective courts shall collect the costs and pay them to the |
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457 | 457 | | county or municipal treasurer, as appropriate, or to any other |
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458 | 458 | | official who discharges the duties commonly delegated to the county |
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459 | 459 | | or municipal treasurer, as appropriate, for deposit in a fund to be |
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460 | 460 | | known as the] courthouse security fund is a fund in the county |
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461 | 461 | | treasury, and [or a fund to be known as] the municipal court |
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462 | 462 | | building security fund is a fund in the municipal treasury. The |
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463 | 463 | | funds consist of money allocated to the funds under Sections |
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464 | 464 | | 134.101, 134.102, and 134.103, Local Government Code[, as |
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465 | 465 | | appropriate]. |
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466 | 466 | | (b) Money deposited in a courthouse security fund may be |
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467 | 467 | | used only for security personnel, services, and items related to |
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468 | 468 | | buildings that house the operations of district, county, or justice |
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469 | 469 | | courts, and money deposited in a municipal court building security |
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470 | 470 | | fund may be used only for security personnel, services, and items |
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471 | 471 | | related to buildings that house the operations of municipal |
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472 | 472 | | courts. For purposes of this subsection, operations of a district, |
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473 | 473 | | county, or justice court include the activities of associate |
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474 | 474 | | judges, masters, magistrates, referees, hearing officers, criminal |
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475 | 475 | | law magistrate court judges, and masters in chancery appointed |
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476 | 476 | | under: |
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477 | 477 | | (1) Section 61.311, Alcoholic Beverage Code; |
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478 | 478 | | (2) Section 51.04(g) or Chapter 201, Family Code; |
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479 | 479 | | (3) Section 574.0085, Health and Safety Code; |
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480 | 480 | | (4) Section 33.71, Tax Code; |
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481 | 481 | | (5) Chapter 54A, Government Code; or |
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482 | 482 | | (6) Rule 171, Texas Rules of Civil Procedure. |
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483 | 483 | | (c) [(d-1)] For purposes of this article, the term |
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484 | 484 | | "security personnel, services, and items" includes: |
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485 | 485 | | (1) the purchase or repair of X-ray machines and |
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486 | 486 | | conveying systems; |
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487 | 487 | | (2) handheld metal detectors; |
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488 | 488 | | (3) walkthrough metal detectors; |
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489 | 489 | | (4) identification cards and systems; |
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490 | 490 | | (5) electronic locking and surveillance equipment; |
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491 | 491 | | (6) video teleconferencing systems; |
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492 | 492 | | (7) bailiffs, deputy sheriffs, deputy constables, or |
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493 | 493 | | contract security personnel during times when they are providing |
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494 | 494 | | appropriate security services; |
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495 | 495 | | (8) signage; |
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496 | 496 | | (9) confiscated weapon inventory and tracking |
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497 | 497 | | systems; |
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498 | 498 | | (10) locks, chains, alarms, or similar security |
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499 | 499 | | devices; |
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500 | 500 | | (11) the purchase or repair of bullet-proof glass; |
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501 | 501 | | (12) continuing education on security issues for court |
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502 | 502 | | personnel and security personnel; and |
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503 | 503 | | (13) warrant officers and related equipment. |
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504 | 504 | | (d) [(d-2)(1)] This subsection applies only to a justice |
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505 | 505 | | court located in a county in which one or more justice courts are |
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506 | 506 | | located in a building that is not the county courthouse. |
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507 | 507 | | [(2)] The county treasurer shall deposit one-fourth of |
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508 | 508 | | the money allocated to the courthouse security fund under Section |
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509 | 509 | | 134.103, Local Government Code, in [cost of court collected under |
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510 | 510 | | Subsection (b) in a justice court described by Subdivision (1) |
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511 | 511 | | into] a fund to be known as the justice court building security |
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512 | 512 | | fund. A fund designated by this subsection may be used only for the |
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513 | 513 | | purpose of providing security personnel, services, and items for a |
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514 | 514 | | justice court located in a building that is not the county |
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515 | 515 | | courthouse. |
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516 | 516 | | (e) The courthouse security fund and the justice court |
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517 | 517 | | building security fund shall be administered by or under the |
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518 | 518 | | direction of the commissioners court. The municipal court building |
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519 | 519 | | security fund shall be administered by or under the direction of the |
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520 | 520 | | governing body of the municipality. |
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521 | 521 | | (f) The sheriff, constable, or other law enforcement agency |
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522 | 522 | | or entity that provides security for a court shall provide to the |
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523 | 523 | | Office of Court Administration of the Texas Judicial System a |
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524 | 524 | | written report regarding any security incident involving court |
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525 | 525 | | security that occurs in or around a building housing a court for |
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526 | 526 | | which the sheriff, constable, agency, or entity provides security |
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527 | 527 | | not later than the third business day after the date the incident |
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528 | 528 | | occurred. A copy of the report must be provided to the presiding |
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529 | 529 | | judge of the court in which the incident occurred. The report is |
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530 | 530 | | confidential and exempt from disclosure under Chapter 552, |
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531 | 531 | | Government Code. |
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532 | 532 | | SECTION 1.09. Article 102.0172, Code of Criminal Procedure, |
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533 | 533 | | is amended to read as follows: |
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534 | 534 | | Art. 102.0172. [COURT COSTS;] MUNICIPAL COURT TECHNOLOGY |
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535 | 535 | | FUND. (a) The [governing body of a municipality by ordinance may |
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536 | 536 | | create a] municipal court technology fund is a fund in the municipal |
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537 | 537 | | treasury. The fund consists of money allocated to the fund under |
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538 | 538 | | Section 134.103, Local Government Code [and may require a defendant |
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539 | 539 | | convicted of a misdemeanor offense in a municipal court or |
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540 | 540 | | municipal court of record to pay a technology fee not to exceed $4 |
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541 | 541 | | as a cost of court]. |
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542 | 542 | | (b) Money in a municipal court technology fund [In this |
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543 | 543 | | article, a person is considered convicted if: |
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544 | 544 | | [(1) a sentence is imposed on the person; |
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545 | 545 | | [(2) the person is placed on community supervision, |
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546 | 546 | | including deferred adjudication community supervision; or |
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547 | 547 | | [(3) the court defers final disposition of the |
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548 | 548 | | person's case. |
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549 | 549 | | [(c) The municipal court clerk shall collect the costs and |
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550 | 550 | | pay the funds to the municipal treasurer, or to any other official |
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551 | 551 | | who discharges the duties commonly delegated to the municipal |
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552 | 552 | | treasurer, for deposit in a fund to be known as the municipal court |
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553 | 553 | | technology fund. |
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554 | 554 | | [(d) A fund designated by this article] may be used only to |
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555 | 555 | | finance the purchase of or to maintain technological enhancements |
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556 | 556 | | for a municipal court or municipal court of record, including: |
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557 | 557 | | (1) computer systems; |
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558 | 558 | | (2) computer networks; |
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559 | 559 | | (3) computer hardware; |
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560 | 560 | | (4) computer software; |
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561 | 561 | | (5) imaging systems; |
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562 | 562 | | (6) electronic kiosks; |
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563 | 563 | | (7) electronic ticket writers; and |
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564 | 564 | | (8) docket management systems. |
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565 | 565 | | (c) [(e)] The municipal court technology fund shall be |
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566 | 566 | | administered by or under the direction of the governing body of the |
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567 | 567 | | municipality. |
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568 | 568 | | SECTION 1.10. Article 102.0173, Code of Criminal Procedure, |
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569 | 569 | | is amended to read as follows: |
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570 | 570 | | Art. 102.0173. [COURT COSTS;] JUSTICE COURT TECHNOLOGY |
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571 | 571 | | FUND. (a) The [commissioners court of a county by order shall |
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572 | 572 | | create a] justice court technology fund is a fund in the county |
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573 | 573 | | treasury. The fund consists of money allocated to the fund under |
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574 | 574 | | Section 134.103, Local Government Code. [A defendant convicted of |
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575 | 575 | | a misdemeanor offense in justice court shall pay a $4 justice court |
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576 | 576 | | technology fee as a cost of court for deposit in the fund.] |
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577 | 577 | | (b) Money in the justice court technology [In this article, |
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578 | 578 | | a person is considered convicted if: |
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579 | 579 | | [(1) a sentence is imposed on the person; or |
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580 | 580 | | [(2) the court defers final disposition of the |
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581 | 581 | | person's case. |
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582 | 582 | | [(c) The justice court clerk shall collect the costs and pay |
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583 | 583 | | the funds to the county treasurer, or to any other official who |
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584 | 584 | | discharges the duties commonly delegated to the county treasurer, |
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585 | 585 | | for deposit in a fund to be known as the justice court technology |
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586 | 586 | | fund. |
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587 | 587 | | [(d) A] fund [designated by this article] may be used only |
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588 | 588 | | to finance: |
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589 | 589 | | (1) the cost of continuing education and training for |
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590 | 590 | | justice court judges and clerks regarding technological |
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591 | 591 | | enhancements for justice courts; and |
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592 | 592 | | (2) the purchase and maintenance of technological |
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593 | 593 | | enhancements for a justice court, including: |
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594 | 594 | | (A) computer systems; |
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595 | 595 | | (B) computer networks; |
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596 | 596 | | (C) computer hardware; |
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597 | 597 | | (D) computer software; |
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598 | 598 | | (E) imaging systems; |
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599 | 599 | | (F) electronic kiosks; |
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600 | 600 | | (G) electronic ticket writers; and |
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601 | 601 | | (H) docket management systems. |
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602 | 602 | | (c) [(e)] The justice court technology fund shall be |
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603 | 603 | | administered by or under the direction of the commissioners court |
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604 | 604 | | of the county. |
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605 | 605 | | (d) [(f)] A justice court may, subject to the approval of |
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606 | 606 | | the commissioners court, use a fund designated by this article to |
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607 | 607 | | assist a constable's office or other county department with a |
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608 | 608 | | technological enhancement, or cost related to the enhancement, |
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609 | 609 | | described by Subsection (b)(1) [(d)(1)] or (2) if the enhancement |
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610 | 610 | | directly relates to the operation or efficiency of the justice |
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611 | 611 | | court. This subsection applies only to a county that: |
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612 | 612 | | (1) has a population of 125,000 or more; |
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613 | 613 | | (2) is not adjacent to a county of two million or more; |
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614 | 614 | | (3) contains a portion of the Guadalupe River; and |
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615 | 615 | | (4) contains a portion of Interstate Highway 10. |
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616 | 616 | | SECTION 1.11. The heading to Section 51.702, Government |
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617 | 617 | | Code, is amended to read as follows: |
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618 | 618 | | Sec. 51.702. ADDITIONAL FEES [AND COSTS] IN STATUTORY |
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619 | 619 | | COUNTY COURTS. |
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620 | 620 | | SECTION 1.12. Sections 51.702(c), (d), and (e), Government |
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621 | 621 | | Code, are amended to read as follows: |
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622 | 622 | | (c) Fees [Court costs and fees] due under this section shall |
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623 | 623 | | be collected in the same manner as other fees, fines, or costs are |
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624 | 624 | | collected in the case. |
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625 | 625 | | (d) The clerk shall deposit the fees [and costs] collected |
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626 | 626 | | under this section to be sent to the comptroller as provided by |
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627 | 627 | | Subchapter B, Chapter 133, Local Government Code. The comptroller |
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628 | 628 | | shall deposit the fees in the judicial fund. |
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629 | 629 | | (e) Section 51.320 applies to a fee [or cost] collected |
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630 | 630 | | under this section. |
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631 | 631 | | SECTION 1.13. The heading to Section 51.703, Government |
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632 | 632 | | Code, is amended to read as follows: |
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633 | 633 | | Sec. 51.703. ADDITIONAL FEES [AND COSTS] IN CERTAIN COUNTY |
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634 | 634 | | COURTS. |
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635 | 635 | | SECTION 1.14. Sections 51.703(c), (d), and (e), Government |
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636 | 636 | | Code, are amended to read as follows: |
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637 | 637 | | (c) Fees [Court costs and fees] due under this section shall |
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638 | 638 | | be collected in the same manner as other fees, fines, or costs are |
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639 | 639 | | collected in the case. |
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640 | 640 | | (d) The clerk shall deposit the fees [and costs] collected |
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641 | 641 | | under this section to be sent to the comptroller as provided by |
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642 | 642 | | Subchapter B, Chapter 133, Local Government Code. The comptroller |
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643 | 643 | | shall deposit the fees in the judicial fund. |
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644 | 644 | | (e) Section 51.320 applies to a fee [or cost] collected |
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645 | 645 | | under this section. |
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646 | 646 | | SECTION 1.15. Sections 51.851(e), (f), (g), (i), (j), and |
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647 | 647 | | (k), Government Code, are amended to read as follows: |
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648 | 648 | | (e) A court may waive payment of a [court cost or] fee due |
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649 | 649 | | under this section for an individual the court determines is |
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650 | 650 | | indigent. |
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651 | 651 | | (f) Fees [Court costs and fees] due under this section shall |
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652 | 652 | | be collected in the same manner as other fees, fines, or costs in |
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653 | 653 | | the case. |
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654 | 654 | | (g) The clerk of a district court, a county court, a |
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655 | 655 | | statutory county court, a statutory probate court, or a justice |
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656 | 656 | | court shall deposit the [court costs and] fees collected under this |
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657 | 657 | | section in the appropriate local treasury and remit the [court |
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658 | 658 | | costs and] fees to the comptroller in the manner provided by |
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659 | 659 | | Subchapter B, Chapter 133, Local Government Code. |
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660 | 660 | | (i) The comptroller shall deposit the [court costs and] fees |
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661 | 661 | | received under this section to the credit of the statewide |
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662 | 662 | | electronic filing system fund established under Section 51.852. |
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663 | 663 | | (j) The comptroller may audit the records of a county |
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664 | 664 | | related to [costs and] fees collected under this section. |
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665 | 665 | | (k) Money spent from [costs and] fees collected under this |
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666 | 666 | | section is subject to audit by the state auditor. |
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691 | 695 | | [(2) notwithstanding Section 404.071, all interest |
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692 | 696 | | attributable to money held in the account]. |
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693 | 697 | | SECTION 1.18. The drug court account in the general revenue |
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694 | 698 | | fund established under Article 102.0178(g), Code of Criminal |
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695 | 699 | | Procedure, as repealed by this Act, is redesignated as the |
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696 | 700 | | specialty court account in the general revenue fund. |
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697 | 701 | | SECTION 1.19. The following provisions are repealed: |
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698 | 702 | | (1) Article 102.004, Code of Criminal Procedure; |
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699 | 703 | | (2) Article 102.0045, Code of Criminal Procedure; |
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700 | 704 | | (3) Article 102.005, Code of Criminal Procedure; |
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701 | 705 | | (4) Articles 102.008(a), (c), and (d), Code of |
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702 | 706 | | Criminal Procedure; |
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703 | 707 | | (5) Article 102.0174, Code of Criminal Procedure; |
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704 | 708 | | (6) Article 102.0178, Code of Criminal Procedure; |
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705 | 709 | | (7) Article 102.020, Code of Criminal Procedure; |
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706 | 710 | | (8) Section 21.007, Government Code; |
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707 | 711 | | (9) Section 51.702(b), Government Code; |
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708 | 712 | | (10) Section 51.703(b), Government Code; |
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709 | 713 | | (11) Sections 51.851(a) and (d), Government Code; |
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710 | 714 | | (12) Section 133.105, Local Government Code; |
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711 | 715 | | (13) Section 133.107, Local Government Code; and |
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712 | 716 | | (14) Sections 706.007(b), (c), and (e), |
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713 | 717 | | Transportation Code. |
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714 | 718 | | ARTICLE 2. FINES; REIMBURSEMENT FEES |
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715 | 719 | | SECTION 2.01. Section 106.12(e), Alcoholic Beverage Code, |
---|
716 | 720 | | is amended to read as follows: |
---|
717 | 721 | | (e) The court shall charge an applicant a reimbursement fee |
---|
718 | 722 | | in the amount of $30 for each application for expunction filed under |
---|
719 | 723 | | this section to defray the cost of notifying state agencies of |
---|
720 | 724 | | orders of expunction under this section. |
---|
721 | 725 | | SECTION 2.02. Section 4, Article 17.42, Code of Criminal |
---|
722 | 726 | | Procedure, is amended to read as follows: |
---|
723 | 727 | | Sec. 4. (a) Except as otherwise provided by this |
---|
724 | 728 | | subsection, if a court releases an accused on personal bond on the |
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725 | 729 | | recommendation of a personal bond office, the court shall assess a |
---|
726 | 730 | | personal bond reimbursement fee of $20 or three percent of the |
---|
727 | 731 | | amount of the bail fixed for the accused, whichever is greater. The |
---|
728 | 732 | | court may waive the fee or assess a lesser fee if good cause is |
---|
729 | 733 | | shown. A court that requires a defendant to give a personal bond |
---|
730 | 734 | | under Article 45.016 may not assess a personal bond fee under this |
---|
731 | 735 | | subsection. |
---|
732 | 736 | | (b) Reimbursement fees [Fees] collected under this article |
---|
733 | 737 | | may be used solely to defray expenses of the personal bond office, |
---|
734 | 738 | | including defraying the expenses of extradition. |
---|
735 | 739 | | (c) Reimbursement fees [Fees] collected under this article |
---|
736 | 740 | | shall be deposited in the county treasury, or if the office serves |
---|
737 | 741 | | more than one county, the fees shall be apportioned to each county |
---|
738 | 742 | | in the district according to each county's pro rata share of the |
---|
739 | 743 | | costs of the office. |
---|
740 | 744 | | SECTION 2.03. Article 17.43(b), Code of Criminal Procedure, |
---|
741 | 745 | | is amended to read as follows: |
---|
742 | 746 | | (b) Cost of monitoring may be assessed as reimbursement fees |
---|
743 | 747 | | [court costs] or ordered paid directly by the defendant as a |
---|
744 | 748 | | condition of bond. |
---|
745 | 749 | | SECTION 2.04. Articles 17.44(c) and (e), Code of Criminal |
---|
746 | 750 | | Procedure, are amended to read as follows: |
---|
747 | 751 | | (c) The magistrate may revoke the bond and order the |
---|
748 | 752 | | defendant arrested if the defendant: |
---|
749 | 753 | | (1) violates a condition of home confinement and |
---|
750 | 754 | | electronic monitoring; |
---|
751 | 755 | | (2) refuses to submit to a test for controlled |
---|
752 | 756 | | substances or submits to a test for controlled substances and the |
---|
753 | 757 | | test indicates the presence of a controlled substance in the |
---|
754 | 758 | | defendant's body; or |
---|
755 | 759 | | (3) fails to pay the reimbursement fee for [costs of] |
---|
756 | 760 | | monitoring or testing for controlled substances, if payment is |
---|
757 | 761 | | ordered under Subsection (e) as a condition of bond and the |
---|
758 | 762 | | magistrate determines that the defendant is not indigent and is |
---|
759 | 763 | | financially able to make the payments as ordered. |
---|
760 | 764 | | (e) The cost of electronic monitoring or testing for |
---|
761 | 765 | | controlled substances under this article may be assessed as a |
---|
762 | 766 | | reimbursement fee [court costs] or ordered paid directly by the |
---|
763 | 767 | | defendant as a condition of bond. |
---|
764 | 768 | | SECTION 2.05. Article 17.441(d), Code of Criminal |
---|
765 | 769 | | Procedure, is amended to read as follows: |
---|
766 | 770 | | (d) The magistrate may designate an appropriate agency to |
---|
767 | 771 | | verify the installation of the device and to monitor the device. If |
---|
768 | 772 | | the magistrate designates an agency under this subsection, in each |
---|
769 | 773 | | month during which the agency verifies the installation of the |
---|
770 | 774 | | device or provides a monitoring service the defendant shall pay a |
---|
771 | 775 | | reimbursement fee to the designated agency in the amount set by the |
---|
772 | 776 | | magistrate. The defendant shall pay the initial reimbursement fee |
---|
773 | 777 | | at the time the agency verifies the installation of the device. In |
---|
774 | 778 | | each subsequent month during which the defendant is required to pay |
---|
775 | 779 | | a reimbursement fee the defendant shall pay the fee on the first |
---|
776 | 780 | | occasion in that month that the agency provides a monitoring |
---|
777 | 781 | | service. The magistrate shall set the fee in an amount not to |
---|
778 | 782 | | exceed $10 as determined by the county auditor, or by the |
---|
779 | 783 | | commissioners court of the county if the county does not have a |
---|
780 | 784 | | county auditor, to be sufficient to cover the cost incurred by the |
---|
781 | 785 | | designated agency in conducting the verification or providing the |
---|
782 | 786 | | monitoring service, as applicable in that county. |
---|
783 | 787 | | SECTION 2.06. Articles 17.49(b) and (h), Code of Criminal |
---|
784 | 788 | | Procedure, are amended to read as follows: |
---|
785 | 789 | | (b) A magistrate may require as a condition of release on |
---|
786 | 790 | | bond that a defendant charged with an offense involving family |
---|
787 | 791 | | violence: |
---|
788 | 792 | | (1) refrain from going to or near a residence, school, |
---|
789 | 793 | | place of employment, or other location, as specifically described |
---|
790 | 794 | | in the bond, frequented by an alleged victim of the offense; |
---|
791 | 795 | | (2) carry or wear a global positioning monitoring |
---|
792 | 796 | | system device and, except as provided by Subsection (h), pay a |
---|
793 | 797 | | reimbursement fee for the costs associated with operating that |
---|
794 | 798 | | system in relation to the defendant; or |
---|
795 | 799 | | (3) except as provided by Subsection (h), if the |
---|
796 | 800 | | alleged victim of the offense consents after receiving the |
---|
797 | 801 | | information described by Subsection (d), pay a reimbursement fee |
---|
798 | 802 | | for the costs associated with providing the victim with an |
---|
799 | 803 | | electronic receptor device that: |
---|
800 | 804 | | (A) is capable of receiving the global |
---|
801 | 805 | | positioning monitoring system information from the device carried |
---|
802 | 806 | | or worn by the defendant; and |
---|
803 | 807 | | (B) notifies the victim if the defendant is at or |
---|
804 | 808 | | near a location that the defendant has been ordered to refrain from |
---|
805 | 809 | | going to or near under Subdivision (1). |
---|
806 | 810 | | (h) If the magistrate determines that a defendant is |
---|
807 | 811 | | indigent, the magistrate may, based on a sliding scale established |
---|
808 | 812 | | by local rule, require the defendant to pay a reimbursement fee |
---|
809 | 813 | | [costs] under Subsection (b)(2) or (3) in an amount that is less |
---|
810 | 814 | | than the full amount of the costs associated with operating the |
---|
811 | 815 | | global positioning monitoring system in relation to the defendant |
---|
812 | 816 | | or providing the victim with an electronic receptor device. |
---|
813 | 817 | | SECTION 2.07. Articles 26.05(f) and (g), Code of Criminal |
---|
814 | 818 | | Procedure, are amended to read as follows: |
---|
815 | 819 | | (f) All payments made under this article shall be paid from |
---|
816 | 820 | | the general fund of the county in which the prosecution was |
---|
817 | 821 | | instituted or habeas corpus hearing held and may be included as |
---|
818 | 822 | | reimbursement fees [costs of court]. |
---|
819 | 823 | | (g) If the judge determines that a defendant has financial |
---|
820 | 824 | | resources that enable the defendant to offset in part or in whole |
---|
821 | 825 | | the costs of the legal services provided to the defendant in |
---|
822 | 826 | | accordance with Article 1.051(c) or (d), including any expenses and |
---|
823 | 827 | | costs, the judge shall order the defendant to pay during the |
---|
824 | 828 | | pendency of the charges or, if convicted, as a reimbursement fee |
---|
825 | 829 | | [court costs] the amount that the judge finds the defendant is able |
---|
826 | 830 | | to pay. The defendant may not be ordered to pay an amount that |
---|
827 | 831 | | exceeds: |
---|
828 | 832 | | (1) the actual costs, including any expenses and |
---|
829 | 833 | | costs, paid by the county for the legal services provided by an |
---|
830 | 834 | | appointed attorney; or |
---|
831 | 835 | | (2) if the defendant was represented by a public |
---|
832 | 836 | | defender's office, the actual amount, including any expenses and |
---|
833 | 837 | | costs, that would have otherwise been paid to an appointed attorney |
---|
834 | 838 | | had the county not had a public defender's office. |
---|
835 | 839 | | SECTION 2.08. The heading to Article 37.073, Code of |
---|
836 | 840 | | Criminal Procedure, is amended to read as follows: |
---|
837 | 841 | | Art. 37.073. REPAYMENT OF REWARDS; FINES. |
---|
838 | 842 | | SECTION 2.09. Article 37.073(a), Code of Criminal |
---|
839 | 843 | | Procedure, is amended to read as follows: |
---|
840 | 844 | | (a) After a defendant has been convicted of a felony |
---|
841 | 845 | | offense, the judge may order a defendant to pay a fine repaying |
---|
842 | 846 | | [repay] all or part of a reward paid by a crime stoppers |
---|
843 | 847 | | organization. |
---|
844 | 848 | | SECTION 2.10. Articles 42.152(a) and (b), Code of Criminal |
---|
845 | 849 | | Procedure, are amended to read as follows: |
---|
846 | 850 | | (a) If a judge orders a defendant to pay a fine repaying |
---|
847 | 851 | | [repay] a reward or part of a reward under Article 37.073 [of this |
---|
848 | 852 | | code], the court shall assess this fine [cost] against the |
---|
849 | 853 | | defendant in the same manner as other fines [costs of prosecution] |
---|
850 | 854 | | are assessed against a defendant. The court may order the defendant |
---|
851 | 855 | | to: |
---|
852 | 856 | | (1) pay the entire amount required when sentence is |
---|
853 | 857 | | pronounced; |
---|
854 | 858 | | (2) pay the entire amount required at a later date |
---|
855 | 859 | | specified by the court; or |
---|
856 | 860 | | (3) pay specified portions of the required amount at |
---|
857 | 861 | | designated intervals. |
---|
858 | 862 | | (b) After receiving a payment of a fine from a person |
---|
859 | 863 | | ordered to make the payment under this article, the clerk of the |
---|
860 | 864 | | court or fee officer shall: |
---|
861 | 865 | | (1) make a record of the payment; |
---|
862 | 866 | | (2) deduct a one-time $7 processing fee from the |
---|
863 | 867 | | payment [reward repayment]; |
---|
864 | 868 | | (3) forward the payment to the designated crime |
---|
865 | 869 | | stoppers organization; and |
---|
866 | 870 | | (4) make a record of the forwarding of the payment. |
---|
867 | 871 | | SECTION 2.11. Article 42A.301(b), Code of Criminal |
---|
868 | 872 | | Procedure, is amended to read as follows: |
---|
869 | 873 | | (b) Conditions of community supervision may include |
---|
870 | 874 | | conditions requiring the defendant to: |
---|
871 | 875 | | (1) commit no offense against the laws of this state or |
---|
872 | 876 | | of any other state or of the United States; |
---|
873 | 877 | | (2) avoid injurious or vicious habits; |
---|
874 | 878 | | (3) avoid persons or places of disreputable or harmful |
---|
875 | 879 | | character, including any person, other than a family member of the |
---|
876 | 880 | | defendant, who is an active member of a criminal street gang; |
---|
877 | 881 | | (4) report to the supervision officer as directed by |
---|
878 | 882 | | the judge or supervision officer and obey all rules and regulations |
---|
879 | 883 | | of the community supervision and corrections department; |
---|
880 | 884 | | (5) permit the supervision officer to visit the |
---|
881 | 885 | | defendant at the defendant's home or elsewhere; |
---|
882 | 886 | | (6) work faithfully at suitable employment to the |
---|
883 | 887 | | extent possible; |
---|
884 | 888 | | (7) remain within a specified place; |
---|
885 | 889 | | (8) pay in one or more amounts: |
---|
886 | 890 | | (A) the defendant's fine, if one is assessed; and |
---|
887 | 891 | | (B) all court costs, regardless of whether a fine |
---|
888 | 892 | | is assessed; |
---|
889 | 893 | | (9) support the defendant's dependents; |
---|
890 | 894 | | (10) participate, for a period specified by the judge, |
---|
891 | 895 | | in any community-based program, including a community service |
---|
892 | 896 | | project under Article 42A.304; |
---|
893 | 897 | | (11) if the judge determines that the defendant has |
---|
894 | 898 | | financial resources that enable the defendant to offset in part or |
---|
895 | 899 | | in whole the costs of the legal services provided to the defendant |
---|
896 | 900 | | in accordance with Article 1.051(c) or (d), including any expenses |
---|
897 | 901 | | and costs, reimburse the county in which the prosecution was |
---|
898 | 902 | | instituted for the costs of the legal services in an amount that the |
---|
899 | 903 | | judge finds the defendant is able to pay, except that the defendant |
---|
900 | 904 | | may not be ordered to pay an amount that exceeds: |
---|
901 | 905 | | (A) the actual costs, including any expenses and |
---|
902 | 906 | | costs, paid by the county for the legal services provided by an |
---|
903 | 907 | | appointed attorney; or |
---|
904 | 908 | | (B) if the defendant was represented by a public |
---|
905 | 909 | | defender's office, the actual amount, including any expenses and |
---|
906 | 910 | | costs, that would have otherwise been paid to an appointed attorney |
---|
907 | 911 | | had the county not had a public defender's office; |
---|
908 | 912 | | (12) if under custodial supervision in a community |
---|
909 | 913 | | corrections facility: |
---|
910 | 914 | | (A) remain under that supervision; |
---|
911 | 915 | | (B) obey all rules and regulations of the |
---|
912 | 916 | | facility; and |
---|
913 | 917 | | (C) pay a percentage of the defendant's income |
---|
914 | 918 | | to[: |
---|
915 | 919 | | [(i)] the facility for room and board; [and |
---|
916 | 920 | | [(ii) the defendant's dependents for their |
---|
917 | 921 | | support during the period of custodial supervision;] |
---|
918 | 922 | | (13) submit to testing for alcohol or controlled |
---|
919 | 923 | | substances; |
---|
920 | 924 | | (14) attend counseling sessions for substance abusers |
---|
921 | 925 | | or participate in substance abuse treatment services in a program |
---|
922 | 926 | | or facility approved or licensed by the Department of State Health |
---|
923 | 927 | | Services; |
---|
924 | 928 | | (15) with the consent of the victim of a misdemeanor |
---|
925 | 929 | | offense or of any offense under Title 7, Penal Code, participate in |
---|
926 | 930 | | victim-defendant mediation; |
---|
927 | 931 | | (16) submit to electronic monitoring; |
---|
928 | 932 | | (17) reimburse the compensation to victims of crime |
---|
929 | 933 | | fund for any amounts paid from that fund to or on behalf of a victim, |
---|
930 | 934 | | as defined by Article 56.32, of the offense or if no reimbursement |
---|
931 | 935 | | is required, make one payment to the compensation to victims of |
---|
932 | 936 | | crime fund in an amount not to exceed $50 if the offense is a |
---|
933 | 937 | | misdemeanor or not to exceed $100 if the offense is a felony; |
---|
934 | 938 | | (18) reimburse a law enforcement agency for the |
---|
935 | 939 | | analysis, storage, or disposal of raw materials, controlled |
---|
936 | 940 | | substances, chemical precursors, drug paraphernalia, or other |
---|
937 | 941 | | materials seized in connection with the offense; |
---|
938 | 942 | | (19) reimburse [pay] all or part of the reasonable and |
---|
939 | 943 | | necessary costs incurred by the victim for psychological counseling |
---|
940 | 944 | | made necessary by the offense or for counseling and education |
---|
941 | 945 | | relating to acquired immune deficiency syndrome or human |
---|
942 | 946 | | immunodeficiency virus made necessary by the offense; |
---|
943 | 947 | | (20) pay a fine [make one payment] in an amount not to |
---|
944 | 948 | | exceed $50 to a crime stoppers organization, as defined by Section |
---|
945 | 949 | | 414.001, Government Code, and as certified by the Texas Crime |
---|
946 | 950 | | Stoppers Council; |
---|
947 | 951 | | (21) submit a DNA sample to the Department of Public |
---|
948 | 952 | | Safety under Subchapter G, Chapter 411, Government Code, for the |
---|
949 | 953 | | purpose of creating a DNA record of the defendant; and |
---|
950 | 954 | | (22) in any manner required by the judge, provide in |
---|
951 | 955 | | the county in which the offense was committed public notice of the |
---|
952 | 956 | | offense for which the defendant was placed on community |
---|
953 | 957 | | supervision[; and |
---|
954 | 958 | | [(23) reimburse the county in which the prosecution |
---|
955 | 959 | | was instituted for compensation paid to any interpreter in the |
---|
956 | 960 | | case]. |
---|
957 | 961 | | SECTION 2.12. Article 42A.452, Code of Criminal Procedure, |
---|
958 | 962 | | is amended to read as follows: |
---|
959 | 963 | | Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR |
---|
960 | 964 | | REHABILITATION. A judge who grants community supervision to a sex |
---|
961 | 965 | | offender evaluated under Article 42A.258 may require the sex |
---|
962 | 966 | | offender as a condition of community supervision to submit to |
---|
963 | 967 | | treatment, specialized supervision, or rehabilitation according to |
---|
964 | 968 | | offense-specific standards of practice adopted by the Council on |
---|
965 | 969 | | Sex Offender Treatment. On a finding that the defendant is |
---|
966 | 970 | | financially able to make payment, the judge shall require the |
---|
967 | 971 | | defendant to pay a reimbursement fee for all or part of the |
---|
968 | 972 | | reasonable and necessary costs of the treatment, supervision, or |
---|
969 | 973 | | rehabilitation. |
---|
970 | 974 | | SECTION 2.13. Article 42A.455, Code of Criminal Procedure, |
---|
971 | 975 | | is amended to read as follows: |
---|
972 | 976 | | Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER. A |
---|
973 | 977 | | judge who grants community supervision to a defendant charged with |
---|
974 | 978 | | or convicted of an offense under Section 21.11 or 22.011(a)(2), |
---|
975 | 979 | | Penal Code, may require the defendant to pay a fine [make one |
---|
976 | 980 | | payment] in an amount not to exceed $50 to a children's advocacy |
---|
977 | 981 | | center established under Subchapter E, Chapter 264, Family Code. |
---|
978 | 982 | | SECTION 2.14. Article 42A.504(b), Code of Criminal |
---|
979 | 983 | | Procedure, is amended to read as follows: |
---|
980 | 984 | | (b) If a judge grants community supervision to a defendant |
---|
981 | 985 | | convicted of an offense under Title 5, Penal Code, that the court |
---|
982 | 986 | | determines involves family violence, the judge shall require the |
---|
983 | 987 | | defendant to pay a fine of $100 to a family violence center that: |
---|
984 | 988 | | (1) receives state or federal funds; and |
---|
985 | 989 | | (2) serves the county in which the court is located. |
---|
986 | 990 | | SECTION 2.15. Article 42A.652, Code of Criminal Procedure, |
---|
987 | 991 | | is amended to read as follows: |
---|
988 | 992 | | Art. 42A.652. MONTHLY REIMBURSEMENT FEE. (a) Except as |
---|
989 | 993 | | otherwise provided by this article, a judge who grants community |
---|
990 | 994 | | supervision to a defendant shall set a reimbursement fee of not less |
---|
991 | 995 | | than $25 and not more than $60 to be paid each month during the |
---|
992 | 996 | | period of community supervision by the defendant to: |
---|
993 | 997 | | (1) the court of original jurisdiction; or |
---|
994 | 998 | | (2) the court accepting jurisdiction of the |
---|
995 | 999 | | defendant's case, if jurisdiction is transferred under Article |
---|
996 | 1000 | | 42A.151. |
---|
997 | 1001 | | (b) The judge may make payment of the monthly reimbursement |
---|
998 | 1002 | | fee a condition of granting or continuing the community |
---|
999 | 1003 | | supervision. The judge may waive or reduce the reimbursement fee or |
---|
1000 | 1004 | | suspend a monthly payment of the fee if the judge determines that |
---|
1001 | 1005 | | payment of the reimbursement fee would cause the defendant a |
---|
1002 | 1006 | | significant financial hardship. |
---|
1003 | 1007 | | (c) A court accepting jurisdiction of a defendant's case |
---|
1004 | 1008 | | under Article 42A.151 shall enter an order directing the defendant |
---|
1005 | 1009 | | to pay the monthly reimbursement fee to that court instead of to the |
---|
1006 | 1010 | | court of original jurisdiction. To the extent of any conflict |
---|
1007 | 1011 | | between an order issued under this subsection and an order issued by |
---|
1008 | 1012 | | a court of original jurisdiction, the order entered under this |
---|
1009 | 1013 | | subsection prevails. |
---|
1010 | 1014 | | (d) A judge who receives a defendant for supervision as |
---|
1011 | 1015 | | authorized by Section 510.017, Government Code, may require the |
---|
1012 | 1016 | | defendant to pay the reimbursement fee authorized by this article. |
---|
1013 | 1017 | | (e) A judge may not require a defendant to pay the |
---|
1014 | 1018 | | reimbursement fee under this article for any month after the period |
---|
1015 | 1019 | | of community supervision has been terminated by the judge under |
---|
1016 | 1020 | | Article 42A.701. |
---|
1017 | 1021 | | (f) A judge shall deposit any reimbursement fee received |
---|
1018 | 1022 | | under this article in the special fund of the county treasury, to be |
---|
1019 | 1023 | | used for the same purposes for which state aid may be used under |
---|
1020 | 1024 | | Chapter 76, Government Code. |
---|
1021 | 1025 | | SECTION 2.16. Article 42A.653, Code of Criminal Procedure, |
---|
1022 | 1026 | | is amended to read as follows: |
---|
1023 | 1027 | | Art. 42A.653. ADDITIONAL MONTHLY FINE [FEE] FOR CERTAIN SEX |
---|
1024 | 1028 | | OFFENDERS. (a) A judge who grants community supervision to a |
---|
1025 | 1029 | | defendant convicted of an offense under Section 21.08, 21.11, |
---|
1026 | 1030 | | 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require |
---|
1027 | 1031 | | as a condition of community supervision that the defendant pay to |
---|
1028 | 1032 | | the defendant's supervision officer a community supervision fine |
---|
1029 | 1033 | | [fee] of $5 each month during the period of community supervision. |
---|
1030 | 1034 | | (b) A fine [fee] imposed under this article is in addition |
---|
1031 | 1035 | | to court costs or any other fee or fine imposed on the defendant. |
---|
1032 | 1036 | | (c) A community supervision and corrections department |
---|
1033 | 1037 | | shall deposit a fine [fee] collected under this article to be sent |
---|
1034 | 1038 | | to the comptroller as provided by Subchapter B, Chapter 133, Local |
---|
1035 | 1039 | | Government Code. The comptroller shall deposit the fine [fee] in |
---|
1036 | 1040 | | the sexual assault program fund under Section 420.008, Government |
---|
1037 | 1041 | | Code. |
---|
1038 | 1042 | | (d) If a community supervision and corrections department |
---|
1039 | 1043 | | does not collect a fine [fee] imposed under this article, the |
---|
1040 | 1044 | | department is not required to file any report required by the |
---|
1041 | 1045 | | comptroller that relates to the collection of the fine [fee]. |
---|
1042 | 1046 | | SECTION 2.17. Article 45.0216(i), Code of Criminal |
---|
1043 | 1047 | | Procedure, is amended to read as follows: |
---|
1044 | 1048 | | (i) The justice or municipal court shall require a person |
---|
1045 | 1049 | | who requests expungement under this article to pay a reimbursement |
---|
1046 | 1050 | | fee in the amount of $30 to defray the cost of notifying state |
---|
1047 | 1051 | | agencies of orders of expungement under this article. |
---|
1048 | 1052 | | SECTION 2.18. Articles 45.026(a) and (b), Code of Criminal |
---|
1049 | 1053 | | Procedure, are amended to read as follows: |
---|
1050 | 1054 | | (a) A justice or municipal court may order a party who does |
---|
1051 | 1055 | | not waive a jury trial in a justice or municipal court and who fails |
---|
1052 | 1056 | | to appear for the trial to pay a reimbursement fee for the costs |
---|
1053 | 1057 | | incurred for impaneling the jury. |
---|
1054 | 1058 | | (b) The justice or municipal court may release a party from |
---|
1055 | 1059 | | the obligation to pay the reimbursement fee [costs] under this |
---|
1056 | 1060 | | section for good cause. |
---|
1057 | 1061 | | SECTION 2.19. Articles 45.051(a), (b), (b-2), (b-3), and |
---|
1058 | 1062 | | (g), Code of Criminal Procedure, are amended to read as follows: |
---|
1059 | 1063 | | (a) On a plea of guilty or nolo contendere by a defendant or |
---|
1060 | 1064 | | on a finding of guilt in a misdemeanor case punishable by fine only |
---|
1061 | 1065 | | and payment of all court costs, the judge may defer further |
---|
1062 | 1066 | | proceedings without entering an adjudication of guilt and place the |
---|
1063 | 1067 | | defendant on probation for a period not to exceed 180 days. In |
---|
1064 | 1068 | | issuing the order of deferral, the judge may impose a fine [special |
---|
1065 | 1069 | | expense fee] on the defendant in an amount not to exceed the amount |
---|
1066 | 1070 | | of the fine that could be imposed on the defendant as punishment for |
---|
1067 | 1071 | | the offense. The fine [special expense fee] may be collected at any |
---|
1068 | 1072 | | time before the date on which the period of probation ends. The |
---|
1069 | 1073 | | judge may elect not to impose the fine [special expense fee] for |
---|
1070 | 1074 | | good cause shown by the defendant. If the judge orders the |
---|
1071 | 1075 | | collection of a fine under this subsection [special expense fee], |
---|
1072 | 1076 | | the judge shall require that the amount of the fine [special expense |
---|
1073 | 1077 | | fee] be credited toward the payment of the amount of any [the] fine |
---|
1074 | 1078 | | imposed by the judge as punishment for the offense. An order of |
---|
1075 | 1079 | | deferral under this subsection terminates any liability under a |
---|
1076 | 1080 | | bond given for the charge. |
---|
1077 | 1081 | | (b) During the deferral period, the judge may require the |
---|
1078 | 1082 | | defendant to: |
---|
1079 | 1083 | | (1) post a bond in the amount of the fine assessed as |
---|
1080 | 1084 | | punishment for the offense to secure payment of the fine; |
---|
1081 | 1085 | | (2) pay restitution to the victim of the offense in an |
---|
1082 | 1086 | | amount not to exceed the fine assessed as punishment for the |
---|
1083 | 1087 | | offense; |
---|
1084 | 1088 | | (3) submit to professional counseling; |
---|
1085 | 1089 | | (4) submit to diagnostic testing for alcohol or a |
---|
1086 | 1090 | | controlled substance or drug; |
---|
1087 | 1091 | | (5) submit to a psychosocial assessment; |
---|
1088 | 1092 | | (6) participate in an alcohol or drug abuse treatment |
---|
1089 | 1093 | | or education program, such as: |
---|
1090 | 1094 | | (A) a drug education program that is designed to |
---|
1091 | 1095 | | educate persons on the dangers of drug abuse and is approved by the |
---|
1092 | 1096 | | Department of State Health Services in accordance with Section |
---|
1093 | 1097 | | 521.374, Transportation Code; or |
---|
1094 | 1098 | | (B) an alcohol awareness program described by |
---|
1095 | 1099 | | Section 106.115, Alcoholic Beverage Code; |
---|
1096 | 1100 | | (7) pay as reimbursement fees the costs of any |
---|
1097 | 1101 | | diagnostic testing, psychosocial assessment, or participation in a |
---|
1098 | 1102 | | treatment or education program either directly or through the court |
---|
1099 | 1103 | | as court costs; |
---|
1100 | 1104 | | (8) complete a driving safety course approved under |
---|
1101 | 1105 | | Chapter 1001, Education Code, or another course as directed by the |
---|
1102 | 1106 | | judge; |
---|
1103 | 1107 | | (9) present to the court satisfactory evidence that |
---|
1104 | 1108 | | the defendant has complied with each requirement imposed by the |
---|
1105 | 1109 | | judge under this article; and |
---|
1106 | 1110 | | (10) comply with any other reasonable condition. |
---|
1107 | 1111 | | (b-2) A person examined as required by Subsection (b-1)(3) |
---|
1108 | 1112 | | must pay a $10 reimbursement fee for the examination [fee]. |
---|
1109 | 1113 | | (b-3) The reimbursement fee collected under Subsection |
---|
1110 | 1114 | | (b-2) must be deposited to the credit of a special account in the |
---|
1111 | 1115 | | general revenue fund and may be used only by the Department of |
---|
1112 | 1116 | | Public Safety for the administration of Chapter 521, Transportation |
---|
1113 | 1117 | | Code. |
---|
1114 | 1118 | | (g) If a judge requires a defendant under Subsection (b) to |
---|
1115 | 1119 | | attend an alcohol awareness program or drug education program as |
---|
1116 | 1120 | | described by Subdivision (6) of that subsection, unless the judge |
---|
1117 | 1121 | | determines that the defendant is indigent and unable to pay the |
---|
1118 | 1122 | | cost, the judge shall require the defendant to pay a reimbursement |
---|
1119 | 1123 | | fee for the cost of attending the program. The judge may allow the |
---|
1120 | 1124 | | defendant to pay the fee [cost of attending the program] in |
---|
1121 | 1125 | | installments during the deferral period. |
---|
1122 | 1126 | | SECTION 2.20. Article 45.051(a-1), Code of Criminal |
---|
1123 | 1127 | | Procedure, as amended by Chapters 227 (H.B. 350) and 777 |
---|
1124 | 1128 | | (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011, |
---|
1125 | 1129 | | is reenacted and amended to read as follows: |
---|
1126 | 1130 | | (a-1) Notwithstanding any other provision of law, as an |
---|
1127 | 1131 | | alternative to requiring a defendant charged with one or more |
---|
1142 | 1144 | | SECTION 2.21. Articles 45.0511(c-1), (f), (g), and (h), |
---|
1143 | 1145 | | Code of Criminal Procedure, are amended to read as follows: |
---|
1144 | 1146 | | (c-1) In this subsection, "state electronic Internet |
---|
1145 | 1147 | | portal" has the meaning assigned by Section 2054.003, Government |
---|
1146 | 1148 | | Code. As an alternative to receiving the defendant's driving |
---|
1147 | 1149 | | record under Subsection (c)(2), the judge, at the time the |
---|
1148 | 1150 | | defendant requests a driving safety course or motorcycle operator |
---|
1149 | 1151 | | training course dismissal under this article, may require the |
---|
1150 | 1152 | | defendant to pay a reimbursement fee in an amount equal to the sum |
---|
1151 | 1153 | | of the amount of the fee established by Section 521.048, |
---|
1152 | 1154 | | Transportation Code, and the state electronic Internet portal fee |
---|
1153 | 1155 | | and, using the state electronic Internet portal, may request the |
---|
1154 | 1156 | | Texas Department of Public Safety to provide the judge with a copy |
---|
1155 | 1157 | | of the defendant's driving record that shows the information |
---|
1156 | 1158 | | described by Section 521.047(b), Transportation Code. As soon as |
---|
1157 | 1159 | | practicable and using the state electronic Internet portal, the |
---|
1158 | 1160 | | Texas Department of Public Safety shall provide the judge with the |
---|
1159 | 1161 | | requested copy of the defendant's driving record. The |
---|
1160 | 1162 | | reimbursement fee authorized by this subsection is in addition to |
---|
1161 | 1163 | | any other fee required under this article. If the copy of the |
---|
1162 | 1164 | | defendant's driving record provided to the judge under this |
---|
1163 | 1165 | | subsection shows that the defendant has not completed an approved |
---|
1164 | 1166 | | driving safety course or motorcycle operator training course, as |
---|
1165 | 1167 | | appropriate, within the 12 months preceding the date of the |
---|
1166 | 1168 | | offense, the judge shall allow the defendant to complete the |
---|
1167 | 1169 | | appropriate course as provided by this article. The custodian of a |
---|
1168 | 1170 | | municipal or county treasury who receives reimbursement fees |
---|
1169 | 1171 | | collected under this subsection shall keep a record of the fees and, |
---|
1170 | 1172 | | without deduction or proration, forward the fees to the |
---|
1171 | 1173 | | comptroller, with and in the manner required for other fees and |
---|
1172 | 1174 | | costs received in connection with criminal cases. The comptroller |
---|
1173 | 1175 | | shall credit fees received under this subsection to the Texas |
---|
1174 | 1176 | | Department of Public Safety. |
---|
1175 | 1177 | | (f) In addition to court costs and fees authorized or |
---|
1176 | 1178 | | imposed by a law of this state and applicable to the offense, the |
---|
1177 | 1179 | | court may: |
---|
1178 | 1180 | | (1) require a defendant requesting a course under |
---|
1179 | 1181 | | Subsection (b) to pay a reimbursement [an administrative] fee [set |
---|
1180 | 1182 | | by the court] to cover the cost of administering this article in |
---|
1181 | 1183 | | [at] an amount of not more than $10; or |
---|
1182 | 1184 | | (2) require a defendant requesting a course under |
---|
1183 | 1185 | | Subsection (d) to pay a fine [fee] set by the court at an amount not |
---|
1184 | 1186 | | to exceed the maximum amount of the fine for the offense committed |
---|
1185 | 1187 | | by the defendant. |
---|
1186 | 1188 | | (g) A defendant who requests but does not take a course is |
---|
1187 | 1189 | | not entitled to a refund of the reimbursement fee or fine assessed |
---|
1188 | 1190 | | under Subsection (f). |
---|
1189 | 1191 | | (h) Money [Fees] collected by a municipal court shall be |
---|
1190 | 1192 | | deposited in the municipal treasury. Money [Fees] collected by |
---|
1191 | 1193 | | another court shall be deposited in the county treasury of the |
---|
1192 | 1194 | | county in which the court is located. |
---|
1193 | 1195 | | SECTION 2.22. Articles 45.052(e), (g), and (i), Code of |
---|
1194 | 1196 | | Criminal Procedure, are amended to read as follows: |
---|
1195 | 1197 | | (e) The justice or municipal court may require a person who |
---|
1196 | 1198 | | requests a teen court program to pay a reimbursement fee not to |
---|
1197 | 1199 | | exceed $10 that is set by the court to cover the costs of |
---|
1198 | 1200 | | administering this article. Reimbursement fees [Fees] collected by |
---|
1199 | 1201 | | a municipal court shall be deposited in the municipal treasury. |
---|
1200 | 1202 | | Reimbursement fees [Fees] collected by a justice court shall be |
---|
1201 | 1203 | | deposited in the county treasury of the county in which the court is |
---|
1202 | 1204 | | located. A person who requests a teen court program and fails to |
---|
1203 | 1205 | | complete the program is not entitled to a refund of the fee. |
---|
1204 | 1206 | | (g) In addition to the reimbursement fee authorized by |
---|
1205 | 1207 | | Subsection (e) [of this article], the court may require a child who |
---|
1206 | 1208 | | requests a teen court program to pay a $10 reimbursement fee to |
---|
1207 | 1209 | | cover the cost to the teen court for performing its duties under |
---|
1208 | 1210 | | this article. The court shall pay the fee to the teen court |
---|
1209 | 1211 | | program, and the teen court program must account to the court for |
---|
1210 | 1212 | | the receipt and disbursal of the fee. A child who pays a fee under |
---|
1211 | 1213 | | this subsection is not entitled to a refund of the fee, regardless |
---|
1212 | 1214 | | of whether the child successfully completes the teen court program. |
---|
1213 | 1215 | | (i) Notwithstanding Subsection (e) or (g), a justice or |
---|
1214 | 1216 | | municipal court that is located in the Texas-Louisiana border |
---|
1215 | 1217 | | region, as defined by Section 2056.002, Government Code, may charge |
---|
1216 | 1218 | | a reimbursement fee of $20 under those subsections. |
---|
1217 | 1219 | | SECTION 2.23. The heading to Article 45.203, Code of |
---|
1218 | 1220 | | Criminal Procedure, is amended to read as follows: |
---|
1219 | 1221 | | Art. 45.203. COLLECTION OF FINES AND[,] COSTS[, AND SPECIAL |
---|
1220 | 1222 | | EXPENSES]. |
---|
1221 | 1223 | | SECTION 2.24. Article 45.203(c), Code of Criminal |
---|
1222 | 1224 | | Procedure, is amended to read as follows: |
---|
1223 | 1225 | | (c) The governing body of each municipality may prescribe by |
---|
1224 | 1226 | | ordinance the collection, after due notice, of a fine [special |
---|
1225 | 1227 | | expense,] not to exceed $25 for [the issuance and service of a |
---|
1226 | 1228 | | warrant of arrest for] an offense under Section 38.10(e) [38.10], |
---|
1227 | 1229 | | Penal Code, or Section 543.009, Transportation Code. Money |
---|
1228 | 1230 | | collected from the fine [special expense] shall be paid into the |
---|
1229 | 1231 | | municipal treasury for the use and benefit of the municipality. |
---|
1230 | 1232 | | SECTION 2.25. The heading to Article 102.001, Code of |
---|
1231 | 1233 | | Criminal Procedure, is amended to read as follows: |
---|
1232 | 1234 | | Art. 102.001. REIMBURSEMENT FEES FOR SERVICES OF PEACE |
---|
1233 | 1235 | | OFFICERS. |
---|
1234 | 1236 | | SECTION 2.26. Article 102.001(b), Code of Criminal |
---|
1235 | 1237 | | Procedure, is amended to read as follows: |
---|
1236 | 1238 | | (b) A [In addition to fees provided by Subsection (a), a] |
---|
1237 | 1239 | | defendant required to pay reimbursement fees under this article |
---|
1238 | 1240 | | shall [also] pay 15 cents per mile for mileage required of an |
---|
1239 | 1241 | | officer to perform a service listed in this subsection and to return |
---|
1240 | 1242 | | from performing that service. If the service provided is the |
---|
1241 | 1243 | | execution of a writ and the writ is directed to two or more persons |
---|
1242 | 1244 | | or the officer executes more than one writ in a case, the defendant |
---|
1243 | 1245 | | is required to pay only mileage actually and necessarily traveled. |
---|
1244 | 1246 | | In calculating mileage, the officer must use the railroad or the |
---|
1245 | 1247 | | most practical route by private conveyance. This subsection |
---|
1246 | 1248 | | applies to: |
---|
1247 | 1249 | | (1) conveying a prisoner after conviction to the |
---|
1248 | 1250 | | county jail; |
---|
1249 | 1251 | | (2) conveying a prisoner arrested on a warrant or |
---|
1250 | 1252 | | capias issued in another county to the court or jail of the county |
---|
1251 | 1253 | | in which the warrant or capias was issued; and |
---|
1252 | 1254 | | (3) traveling to execute criminal process, to summon |
---|
1253 | 1255 | | or attach a witness, and to execute process not otherwise described |
---|
1254 | 1256 | | by this article. |
---|
1255 | 1257 | | SECTION 2.27. Article 102.007, Code of Criminal Procedure, |
---|
1256 | 1258 | | is amended to read as follows: |
---|
1257 | 1259 | | Art. 102.007. REIMBURSEMENT FEE FOR COLLECTING AND |
---|
1258 | 1260 | | PROCESSING CHECK OR SIMILAR SIGHT ORDER. (a) A county attorney, |
---|
1259 | 1261 | | district attorney, or criminal district attorney may collect a |
---|
1260 | 1262 | | reimbursement fee if the attorney's office collects and processes a |
---|
1261 | 1263 | | check or similar sight order, as defined by Section 1.07, Penal |
---|
1262 | 1264 | | Code, and [if] the check or similar sight order: |
---|
1263 | 1265 | | (1) has been issued or passed in a manner that makes |
---|
1264 | 1266 | | the issuance or passing an offense under: |
---|
1265 | 1267 | | (A) Section 31.03, Penal Code; |
---|
1266 | 1268 | | (B) Section 31.04, Penal Code; or |
---|
1267 | 1269 | | (C) Section 32.41, Penal Code; or |
---|
1268 | 1270 | | (2) has been forged, as defined by Section 32.21, |
---|
1269 | 1271 | | Penal Code. |
---|
1270 | 1272 | | (b) The county attorney, district attorney, or criminal |
---|
1271 | 1273 | | district attorney may collect the reimbursement fee from any person |
---|
1272 | 1274 | | who is a party to the offense described in Subsection (a). |
---|
1273 | 1275 | | (c) The amount of the reimbursement fee may not exceed: |
---|
1274 | 1276 | | (1) $10 if the face amount of the check or sight order |
---|
1275 | 1277 | | does not exceed $10; |
---|
1276 | 1278 | | (2) $15 if the face amount of the check or sight order |
---|
1277 | 1279 | | is greater than $10 but does not exceed $100; |
---|
1278 | 1280 | | (3) $30 if the face amount of the check or sight order |
---|
1279 | 1281 | | is greater than $100 but does not exceed $300; |
---|
1280 | 1282 | | (4) $50 if the face amount of the check or sight order |
---|
1281 | 1283 | | is greater than $300 but does not exceed $500; and |
---|
1282 | 1284 | | (5) $75 if the face amount of the check or sight order |
---|
1283 | 1285 | | is greater than $500. |
---|
1284 | 1286 | | (d) If the person from whom the reimbursement fee is |
---|
1285 | 1287 | | collected was a party to the offense of forgery, as defined by |
---|
1286 | 1288 | | Section 32.21, Penal Code, committed by altering the face amount of |
---|
1287 | 1289 | | the check or sight order, the face amount as altered governs for the |
---|
1288 | 1290 | | purposes of determining the amount of the fee. |
---|
1289 | 1291 | | (e) In addition to the reimbursement [collection] fee |
---|
1290 | 1292 | | specified in Subsection (c), the county attorney, district |
---|
1291 | 1293 | | attorney, or criminal district attorney may collect the fee |
---|
1292 | 1294 | | authorized by Section 3.506, Business & Commerce Code, for the |
---|
1293 | 1295 | | benefit of the holder of a check or similar sight order or the |
---|
1294 | 1296 | | holder's assignee, agent, representative, or any other person |
---|
1295 | 1297 | | retained by the holder to seek collection of the check or order. |
---|
1296 | 1298 | | (f) Reimbursement fees [Fees] collected under Subsection |
---|
1297 | 1299 | | (c) [of this article] shall be deposited in the county treasury in a |
---|
1298 | 1300 | | special fund to be administered by the county attorney, district |
---|
1299 | 1301 | | attorney, or criminal district attorney. Expenditures from this |
---|
1300 | 1302 | | fund shall be at the sole discretion of the attorney and may be used |
---|
1301 | 1303 | | only to defray the salaries and expenses of the prosecutor's |
---|
1302 | 1304 | | office, but in no event may the county attorney, district attorney, |
---|
1303 | 1305 | | or criminal district attorney supplement his or her own salary from |
---|
1304 | 1306 | | this fund. |
---|
1305 | 1307 | | (g) In addition to the reimbursement [collection] fee |
---|
1306 | 1308 | | specified in Subsections (b) and (c), the issuer of a check or |
---|
1307 | 1309 | | similar sight order that has been issued or passed as described by |
---|
1308 | 1310 | | Subsection (a)(1) is liable for a reimbursement fee in an amount |
---|
1309 | 1311 | | equal to the costs of delivering notification by registered or |
---|
1310 | 1312 | | certified mail with return receipt requested. The reimbursement |
---|
1311 | 1313 | | fee under this subsection must be collected in all cases described |
---|
1312 | 1314 | | by Subsection (a)(1), and on receipt of proof of the actual costs |
---|
1313 | 1315 | | expended, the fee shall be remitted to the holder of the check or |
---|
1314 | 1316 | | similar sight order. |
---|
1315 | 1317 | | SECTION 2.28. The heading to Article 102.011, Code of |
---|
1316 | 1318 | | Criminal Procedure, is amended to read as follows: |
---|
1317 | 1319 | | Art. 102.011. REIMBURSEMENT FEES FOR SERVICES OF PEACE |
---|
1318 | 1320 | | OFFICERS. |
---|
1319 | 1321 | | SECTION 2.29. Articles 102.011(a), (b), (c), (d), (e), and |
---|
1320 | 1322 | | (i), Code of Criminal Procedure, are amended to read as follows: |
---|
1321 | 1323 | | (a) A defendant convicted of a felony or a misdemeanor shall |
---|
1322 | 1324 | | pay the following reimbursement fees for services performed in the |
---|
1323 | 1325 | | case by a peace officer: |
---|
1324 | 1326 | | (1) $5 for issuing a written notice to appear in court |
---|
1325 | 1327 | | following the defendant's violation of a traffic law, municipal |
---|
1326 | 1328 | | ordinance, or penal law of this state, or for making an arrest |
---|
1327 | 1329 | | without a warrant; |
---|
1328 | 1330 | | (2) $50 for executing or processing an issued arrest |
---|
1329 | 1331 | | warrant, capias, or capias pro fine, with the fee imposed for the |
---|
1330 | 1332 | | services of: |
---|
1331 | 1333 | | (A) the law enforcement agency that executed the |
---|
1332 | 1334 | | arrest warrant or capias, if the agency requests of the court, not |
---|
1333 | 1335 | | later than the 15th day after the date of the execution of the |
---|
1334 | 1336 | | arrest warrant or capias, the imposition of the fee on conviction; |
---|
1335 | 1337 | | or |
---|
1336 | 1338 | | (B) the law enforcement agency that processed the |
---|
1337 | 1339 | | arrest warrant or capias, if: |
---|
1338 | 1340 | | (i) the arrest warrant or capias was not |
---|
1339 | 1341 | | executed; or |
---|
1340 | 1342 | | (ii) the executing law enforcement agency |
---|
1341 | 1343 | | failed to request the fee within the period required by Paragraph |
---|
1342 | 1344 | | (A) [of this subdivision]; |
---|
1343 | 1345 | | (3) $5 for summoning a witness; |
---|
1344 | 1346 | | (4) $35 for serving a writ not otherwise listed in this |
---|
1345 | 1347 | | article; |
---|
1346 | 1348 | | (5) $10 for taking and approving a bond and, if |
---|
1347 | 1349 | | necessary, returning the bond to the courthouse; |
---|
1348 | 1350 | | (6) $5 for commitment or release; |
---|
1349 | 1351 | | (7) $5 for summoning a jury, if a jury is summoned; and |
---|
1350 | 1352 | | (8) $8 for each day's attendance of a prisoner in a |
---|
1351 | 1353 | | habeas corpus case if the prisoner has been remanded to custody or |
---|
1352 | 1354 | | held to bail. |
---|
1353 | 1355 | | (b) In addition to the reimbursement fees provided by |
---|
1354 | 1356 | | Subsection (a) [of this article], a defendant required to pay |
---|
1355 | 1357 | | reimbursement fees under this article shall also pay 29 cents per |
---|
1356 | 1358 | | mile for mileage required of an officer to perform a service listed |
---|
1357 | 1359 | | in this subsection and to return from performing that service. If |
---|
1358 | 1360 | | the service provided is the execution of a writ and the writ is |
---|
1359 | 1361 | | directed to two or more persons or the officer executes more than |
---|
1360 | 1362 | | one writ in a case, the defendant is required to pay only mileage |
---|
1361 | 1363 | | actually and necessarily traveled. In calculating mileage, the |
---|
1362 | 1364 | | officer must use the railroad or the most practical route by private |
---|
1363 | 1365 | | conveyance. The defendant shall also pay all necessary and |
---|
1364 | 1366 | | reasonable expenses for meals and lodging incurred by the officer |
---|
1365 | 1367 | | in the performance of services under this subsection, to the extent |
---|
1366 | 1368 | | such expenses meet the requirements of Section 611.001, Government |
---|
1367 | 1369 | | Code. This subsection applies to: |
---|
1368 | 1370 | | (1) conveying a prisoner after conviction to the |
---|
1369 | 1371 | | county jail; |
---|
1370 | 1372 | | (2) conveying a prisoner arrested on a warrant or |
---|
1371 | 1373 | | capias issued in another county to the court or jail of the county; |
---|
1372 | 1374 | | and |
---|
1373 | 1375 | | (3) traveling to execute criminal process, to summon |
---|
1374 | 1376 | | or attach a witness, and to execute process not otherwise described |
---|
1375 | 1377 | | by this article. |
---|
1376 | 1378 | | (c) If an officer attaches a witness on the order of a court |
---|
1377 | 1379 | | outside the county, the defendant shall pay a reimbursement fee of |
---|
1378 | 1380 | | $10 per day or part of a day spent by the officer conveying the |
---|
1379 | 1381 | | witness and actual necessary expenses for travel by the most |
---|
1380 | 1382 | | practical public conveyance. In order to receive expenses under |
---|
1381 | 1383 | | this subsection, the officer must make a sworn statement of the |
---|
1382 | 1384 | | expenses and the judge issuing the attachment must approve the |
---|
1383 | 1385 | | statement. |
---|
1384 | 1386 | | (d) A defendant shall pay for the services of a sheriff or |
---|
1385 | 1387 | | constable who serves process and attends an examining trial in a |
---|
1386 | 1388 | | felony or a misdemeanor case the same reimbursement fees allowed |
---|
1387 | 1389 | | for those services in the trial of a felony or a misdemeanor, not to |
---|
1388 | 1390 | | exceed $5. |
---|
1389 | 1391 | | (e) A reimbursement fee under Subsection (a)(1) or (2) |
---|
1390 | 1392 | | [(a)(2) of this article] shall be assessed on conviction, |
---|
1391 | 1393 | | regardless of whether the defendant was also arrested at the same |
---|
1392 | 1394 | | time for another offense, and shall be assessed for each arrest made |
---|
1393 | 1395 | | of a defendant arising out of the offense for which the defendant |
---|
1394 | 1396 | | has been convicted. |
---|
1395 | 1397 | | (i) In addition to reimbursement fees provided by |
---|
1396 | 1398 | | Subsections (a) through (e) [(g) of this article], a defendant |
---|
1397 | 1399 | | required to pay reimbursement fees under this article shall also |
---|
1398 | 1400 | | pay the costs of overtime paid to a peace officer for time spent |
---|
1399 | 1401 | | testifying in the trial of the case or for traveling to or from |
---|
1400 | 1402 | | testifying in the trial of the case. |
---|
1401 | 1403 | | SECTION 2.30. Article 102.012, Code of Criminal Procedure, |
---|
1402 | 1404 | | is amended to read as follows: |
---|
1403 | 1405 | | Art. 102.012. REIMBURSEMENT FEES FOR PRETRIAL INTERVENTION |
---|
1404 | 1406 | | PROGRAMS. (a) A court that authorizes a defendant to participate |
---|
1405 | 1407 | | in a pretrial intervention program established under Section |
---|
1406 | 1408 | | 76.011, Government Code, may order the defendant to pay to the court |
---|
1407 | 1409 | | a supervision reimbursement fee in an amount not more than $60 per |
---|
1408 | 1410 | | month as a condition of participating in the program. |
---|
1409 | 1411 | | (b) In addition to or in lieu of the supervision |
---|
1410 | 1412 | | reimbursement fee authorized by Subsection (a), the court may order |
---|
1411 | 1413 | | the defendant to pay or reimburse a community supervision and |
---|
1412 | 1414 | | corrections department for any other expense that is: |
---|
1413 | 1415 | | (1) incurred as a result of the defendant's |
---|
1414 | 1416 | | participation in the pretrial intervention program, other than an |
---|
1415 | 1417 | | expense described by Article 102.0121; or |
---|
1416 | 1418 | | (2) necessary to the defendant's successful completion |
---|
1417 | 1419 | | of the program. |
---|
1418 | 1420 | | SECTION 2.31. Article 102.0121, Code of Criminal Procedure, |
---|
1419 | 1421 | | is amended to read as follows: |
---|
1420 | 1422 | | Art. 102.0121. REIMBURSEMENT FEES FOR CERTAIN EXPENSES |
---|
1421 | 1423 | | RELATED TO PRETRIAL INTERVENTION PROGRAMS. (a) A district |
---|
1422 | 1424 | | attorney, criminal district attorney, or county attorney may |
---|
1423 | 1425 | | collect a reimbursement fee in an amount not to exceed $500 to be |
---|
1424 | 1426 | | used to reimburse a county for expenses, including expenses of the |
---|
1425 | 1427 | | district attorney's, criminal district attorney's, or county |
---|
1426 | 1428 | | attorney's office, related to a defendant's participation in a |
---|
1427 | 1429 | | pretrial intervention program offered in that county. |
---|
1428 | 1430 | | (b) The district attorney, criminal district attorney, or |
---|
1429 | 1431 | | county attorney may collect the reimbursement fee from any |
---|
1430 | 1432 | | defendant who participates in a pretrial intervention program |
---|
1431 | 1433 | | administered in any part by the attorney's office. |
---|
1432 | 1434 | | (c) Reimbursement fees [Fees] collected under this article |
---|
1433 | 1435 | | shall be deposited in the county treasury in a special fund to be |
---|
1434 | 1436 | | used solely to administer the pretrial intervention program. An |
---|
1435 | 1437 | | expenditure from the fund may be made only in accordance with a |
---|
1436 | 1438 | | budget approved by the commissioners court. |
---|
1437 | 1439 | | SECTION 2.32. The heading to Article 102.014, Code of |
---|
1438 | 1440 | | Criminal Procedure, is amended to read as follows: |
---|
1439 | 1441 | | Art. 102.014. FINES [COURT COSTS] FOR CHILD SAFETY FUND IN |
---|
1440 | 1442 | | MUNICIPALITIES. |
---|
1441 | 1443 | | SECTION 2.33. Articles 102.014(a), (b), (c), (d), (f), (g), |
---|
1442 | 1444 | | and (h), Code of Criminal Procedure, are amended to read as follows: |
---|
1443 | 1445 | | (a) The governing body of a municipality with a population |
---|
1444 | 1446 | | greater than 850,000 according to the most recent federal decennial |
---|
1445 | 1447 | | census that has adopted an ordinance, regulation, or order |
---|
1446 | 1448 | | regulating the stopping, standing, or parking of vehicles as |
---|
1447 | 1449 | | allowed by Section 542.202, Transportation Code, or Chapter 682, |
---|
1448 | 1450 | | Transportation Code, shall by order assess [a court cost] on each |
---|
1449 | 1451 | | parking violation a fine of not less than $2 and not to exceed $5. |
---|
1450 | 1452 | | [The court costs under this subsection shall be collected in the |
---|
1451 | 1453 | | same manner that other fines in the case are collected.] |
---|
1452 | 1454 | | (b) The governing body of a municipality with a population |
---|
1453 | 1455 | | less than 850,000 according to the most recent federal decennial |
---|
1454 | 1456 | | census that has adopted an ordinance, regulation, or order |
---|
1455 | 1457 | | regulating the stopping, standing, or parking of vehicles as |
---|
1456 | 1458 | | allowed by Section 542.202, Transportation Code, or Chapter 682, |
---|
1457 | 1459 | | Transportation Code, may by order assess [a court cost] on each |
---|
1458 | 1460 | | parking violation a fine not to exceed $5. [The additional court |
---|
1459 | 1461 | | cost under this subsection shall be collected in the same manner |
---|
1460 | 1462 | | that other fines in the case are collected.] |
---|
1461 | 1463 | | (c) A person convicted of an offense under Subtitle C, Title |
---|
1462 | 1464 | | 7, Transportation Code, when the offense occurs within a school |
---|
1463 | 1465 | | crossing zone as defined by Section 541.302 of that code, shall pay |
---|
1464 | 1466 | | a fine of [as court costs] $25 [in addition to other taxable court |
---|
1465 | 1467 | | costs]. A person convicted of an offense under Section 545.066, |
---|
1466 | 1468 | | Transportation Code, shall pay a fine of [as court costs] $25 in |
---|
1467 | 1469 | | addition to other taxable court costs. A fine [The additional court |
---|
1468 | 1470 | | costs] under this subsection [shall be collected in the same manner |
---|
1469 | 1471 | | that other fines and taxable court costs in the case are collected |
---|
1470 | 1472 | | and] shall be assessed only in a municipality. |
---|
1471 | 1473 | | (d) A person convicted of an offense under Section 25.093, |
---|
1472 | 1474 | | Education Code, shall pay a fine of [as taxable court costs] $20 [in |
---|
1473 | 1475 | | addition to other taxable court costs. The additional court costs |
---|
1474 | 1476 | | under this subsection shall be collected in the same manner that |
---|
1475 | 1477 | | other fines and taxable court costs in the case are collected]. |
---|
1476 | 1478 | | (f) In a municipality with a population greater than 850,000 |
---|
1477 | 1479 | | according to the most recent federal decennial census, the officer |
---|
1478 | 1480 | | collecting a fine [the costs] in a municipal court case shall |
---|
1479 | 1481 | | deposit money collected under this article in the municipal child |
---|
1480 | 1482 | | safety trust fund established as required by Chapter 106, Local |
---|
1481 | 1483 | | Government Code. |
---|
1482 | 1484 | | (g) In a municipality with a population less than 850,000 |
---|
1483 | 1485 | | according to the most recent federal decennial census, the money |
---|
1484 | 1486 | | collected under this article in a municipal court case must be used |
---|
1485 | 1487 | | for a school crossing guard program if the municipality operates |
---|
1486 | 1488 | | one. If the municipality does not operate a school crossing guard |
---|
1487 | 1489 | | program or if the money received from fines [court costs] from |
---|
1488 | 1490 | | municipal court cases exceeds the amount necessary to fund the |
---|
1489 | 1491 | | school crossing guard program, the municipality may: |
---|
1490 | 1492 | | (1) deposit the additional money in an |
---|
1491 | 1493 | | interest-bearing account; |
---|
1492 | 1494 | | (2) expend the additional money for programs designed |
---|
1493 | 1495 | | to enhance child safety, health, or nutrition, including child |
---|
1494 | 1496 | | abuse prevention and intervention and drug and alcohol abuse |
---|
1495 | 1497 | | prevention; or |
---|
1496 | 1498 | | (3) expend the additional money for programs designed |
---|
1497 | 1499 | | to enhance public safety and security. |
---|
1498 | 1500 | | (h) Money collected under this article in a justice, county, |
---|
1499 | 1501 | | or district court shall be used to fund school crossing guard |
---|
1500 | 1502 | | programs in the county where they are collected. If the county does |
---|
1501 | 1503 | | not operate a school crossing guard program, the county may: |
---|
1502 | 1504 | | (1) remit fine [fee] revenues to school districts in |
---|
1503 | 1505 | | its jurisdiction for the purpose of providing school crossing guard |
---|
1504 | 1506 | | services; |
---|
1505 | 1507 | | (2) fund programs the county is authorized by law to |
---|
1506 | 1508 | | provide which are designed to enhance child safety, health, or |
---|
1507 | 1509 | | nutrition, including child abuse prevention and intervention and |
---|
1508 | 1510 | | drug and alcohol abuse prevention; |
---|
1509 | 1511 | | (3) provide funding to the sheriff's department for |
---|
1510 | 1512 | | school-related activities; |
---|
1511 | 1513 | | (4) provide funding to the county juvenile probation |
---|
1512 | 1514 | | department; or |
---|
1513 | 1515 | | (5) deposit the money in the general fund of the |
---|
1514 | 1516 | | county. |
---|
1515 | 1517 | | SECTION 2.34. The heading to Article 102.0171, Code of |
---|
1516 | 1518 | | Criminal Procedure, is amended to read as follows: |
---|
1517 | 1519 | | Art. 102.0171. FINES [COURT COSTS]: JUVENILE DELINQUENCY |
---|
1518 | 1520 | | PREVENTION FUNDS. |
---|
1519 | 1521 | | SECTION 2.35. Articles 102.0171(a) and (c), Code of |
---|
1520 | 1522 | | Criminal Procedure, are amended to read as follows: |
---|
1521 | 1523 | | (a) A defendant convicted of an offense under Section 28.08, |
---|
1522 | 1524 | | Penal Code, in a county court, county court at law, or district |
---|
1523 | 1525 | | court shall pay a fine of $50 for juvenile delinquency prevention |
---|
1524 | 1526 | | and graffiti eradication [fee as a cost of court]. |
---|
1525 | 1527 | | (c) The clerks of the respective courts shall collect the |
---|
1526 | 1528 | | fines [costs] and pay the fines [them] to the county treasurer or to |
---|
1527 | 1529 | | any other official who discharges the duties commonly delegated to |
---|
1528 | 1530 | | the county treasurer for deposit in a fund to be known as the county |
---|
1529 | 1531 | | juvenile delinquency prevention fund. A fund designated by this |
---|
1530 | 1532 | | subsection may be used only to: |
---|
1531 | 1533 | | (1) repair damage caused by the commission of offenses |
---|
1532 | 1534 | | under Section 28.08, Penal Code; |
---|
1533 | 1535 | | (2) provide educational and intervention programs and |
---|
1534 | 1536 | | materials, including printed educational materials for |
---|
1535 | 1537 | | distribution to primary and secondary school students, designed to |
---|
1536 | 1538 | | prevent individuals from committing offenses under Section 28.08, |
---|
1537 | 1539 | | Penal Code; |
---|
1538 | 1540 | | (3) provide to the public rewards for identifying and |
---|
1539 | 1541 | | aiding in the apprehension and prosecution of offenders who commit |
---|
1540 | 1542 | | offenses under Section 28.08, Penal Code; |
---|
1541 | 1543 | | (4) provide funding for teen recognition and teen |
---|
1542 | 1544 | | recreation programs; |
---|
1543 | 1545 | | (5) provide funding for local teen court programs; |
---|
1544 | 1546 | | (6) provide funding for the local juvenile probation |
---|
1545 | 1547 | | department; and |
---|
1546 | 1548 | | (7) provide educational and intervention programs |
---|
1547 | 1549 | | designed to prevent juveniles from engaging in delinquent conduct. |
---|
1548 | 1550 | | SECTION 2.36. The heading to Article 102.018, Code of |
---|
1549 | 1551 | | Criminal Procedure, is amended to read as follows: |
---|
1550 | 1552 | | Art. 102.018. REIMBURSEMENT FEES AND EXPENSES [COSTS] |
---|
1551 | 1553 | | ATTENDANT TO INTOXICATION CONVICTIONS. |
---|
1552 | 1554 | | SECTION 2.37. Articles 102.018(a) and (b), Code of Criminal |
---|
1553 | 1555 | | Procedure, are amended to read as follows: |
---|
1554 | 1556 | | (a) Except as provided by Subsection (d) [of this article], |
---|
1555 | 1557 | | on conviction of an offense relating to the driving or operating of |
---|
1556 | 1558 | | a motor vehicle under Section 49.04, Penal Code, the court shall |
---|
1557 | 1559 | | impose a reimbursement fee [cost] of $15 on a defendant if, |
---|
1558 | 1560 | | subsequent to the arrest of the defendant, a law enforcement agency |
---|
1559 | 1561 | | visually recorded the defendant with an electronic device. |
---|
1560 | 1562 | | Reimbursement fees [Costs] imposed under this subsection are in |
---|
1561 | 1563 | | addition to other court costs or fees and are due whether or not the |
---|
1562 | 1564 | | defendant is granted probation in the case. The court shall collect |
---|
1563 | 1565 | | the reimbursement fees [costs] in the same manner as other fees |
---|
1564 | 1566 | | [costs] are collected in the case. |
---|
1565 | 1567 | | (b) Except as provided by Subsection (d), on conviction of |
---|
1566 | 1568 | | an offense relating to the driving or operating of a motor vehicle |
---|
1567 | 1569 | | punishable under Section 49.04(b), Penal Code, the court shall |
---|
1568 | 1570 | | impose as a reimbursement fee [cost of court] on the defendant an |
---|
1569 | 1571 | | amount that is equal to the reimbursement fee [cost] of an |
---|
1570 | 1572 | | evaluation of the defendant performed under Article 42A.402(a). |
---|
1571 | 1573 | | Reimbursement fees [Costs] imposed under this subsection are in |
---|
1572 | 1574 | | addition to other court costs and are due whether or not the |
---|
1573 | 1575 | | defendant is granted community supervision in the case, except that |
---|
1574 | 1576 | | if the court determines that the defendant is indigent and unable to |
---|
1575 | 1577 | | pay the fee [cost], the court may waive the imposition of the fee |
---|
1576 | 1578 | | [cost]. |
---|
1577 | 1579 | | SECTION 2.38. Article 102.0185, Code of Criminal Procedure, |
---|
1578 | 1580 | | is amended to read as follows: |
---|
1579 | 1581 | | Art. 102.0185. FINE FOR [ADDITIONAL COSTS ATTENDANT TO] |
---|
1580 | 1582 | | INTOXICATION CONVICTIONS: EMERGENCY MEDICAL SERVICES, TRAUMA |
---|
1581 | 1583 | | FACILITIES, AND TRAUMA CARE SYSTEMS. (a) In addition to the |
---|
1582 | 1584 | | reimbursement fee [costs on conviction] imposed by Article |
---|
1583 | 1585 | | [Articles 102.016 and] 102.018, a person convicted of an offense |
---|
1584 | 1586 | | under Chapter 49, Penal Code, except for Sections 49.02 and 49.031 |
---|
1585 | 1587 | | of that code, shall pay a fine of $100 on conviction of the offense. |
---|
1586 | 1588 | | (b) Fines [Costs] imposed under this article are imposed |
---|
1587 | 1589 | | without regard to whether the defendant is placed on community |
---|
1588 | 1590 | | supervision after being convicted of the offense or receives |
---|
1589 | 1591 | | deferred disposition or deferred adjudication for the offense. |
---|
1590 | 1592 | | (c) Fines [Costs] imposed under this article are collected |
---|
1591 | 1593 | | in the manner provided for the collection of court costs by |
---|
1592 | 1594 | | Subchapter B, Chapter 133, Local Government Code. |
---|
1593 | 1595 | | (d) The officer collecting the fines [costs] under this |
---|
1594 | 1596 | | article shall keep separate records of the money collected and |
---|
1595 | 1597 | | shall pay the money to the custodian of the municipal or county |
---|
1596 | 1598 | | treasury. |
---|
1597 | 1599 | | (e) The custodian of the municipal or county treasury shall: |
---|
1598 | 1600 | | (1) keep records of the amount of money collected |
---|
1599 | 1601 | | under this article that is deposited with the treasury under this |
---|
1600 | 1602 | | article; and |
---|
1601 | 1603 | | (2) not later than the last day of the first month |
---|
1602 | 1604 | | following each calendar quarter: |
---|
1603 | 1605 | | (A) pay the money collected under this article |
---|
1604 | 1606 | | during the preceding calendar quarter to the comptroller; or |
---|
1605 | 1607 | | (B) if, in the calendar quarter, the custodian of |
---|
1606 | 1608 | | the municipal or county treasury did not receive any money |
---|
1607 | 1609 | | attributable to fines [costs] paid under this article, file a |
---|
1608 | 1610 | | report with the comptroller stating that fact. |
---|
1609 | 1611 | | (f) The comptroller shall deposit the funds received under |
---|
1610 | 1612 | | this article to the credit of the account established under Section |
---|
1611 | 1613 | | 773.006, Health and Safety Code. |
---|
1612 | 1614 | | SECTION 2.39. The heading to Article 102.0186, Code of |
---|
1613 | 1615 | | Criminal Procedure, is amended to read as follows: |
---|
1614 | 1616 | | Art. 102.0186. FINE FOR [ADDITIONAL COSTS ATTENDANT TO] |
---|
1615 | 1617 | | CERTAIN CHILD SEXUAL ASSAULT AND RELATED CONVICTIONS. |
---|
1616 | 1618 | | SECTION 2.40. Articles 102.0186(a), (b), and (c), Code of |
---|
1617 | 1619 | | Criminal Procedure, are amended to read as follows: |
---|
1618 | 1620 | | (a) A person convicted of an offense under Section 21.02, |
---|
1619 | 1621 | | 21.11, 22.011(a)(2), 22.021(a)(1)(B), 43.25, 43.251, or 43.26, |
---|
1620 | 1622 | | Penal Code, shall pay a fine of $100 on conviction of the offense. |
---|
1621 | 1623 | | (b) A fine [Costs] imposed under this article is [are] |
---|
1622 | 1624 | | imposed without regard to whether the defendant is placed on |
---|
1623 | 1625 | | community supervision after being convicted of the offense or |
---|
1624 | 1626 | | receives deferred adjudication for the offense. |
---|
1625 | 1627 | | (c) The clerks of the respective courts shall collect the |
---|
1626 | 1628 | | fines [costs] and pay the fines [them] to the county treasurer or to |
---|
1627 | 1629 | | any other official who discharges the duties commonly delegated to |
---|
1628 | 1630 | | the county treasurer for deposit in a fund to be known as the county |
---|
1629 | 1631 | | child abuse prevention fund. A fund designated by this subsection |
---|
1630 | 1632 | | may be used only to fund child abuse prevention programs in the |
---|
1631 | 1633 | | county where the court is located. |
---|
1632 | 1634 | | SECTION 2.41. Article 104.002(d), Code of Criminal |
---|
1633 | 1635 | | Procedure, is amended to read as follows: |
---|
1634 | 1636 | | (d) A person who is or was a prisoner in a county jail and |
---|
1635 | 1637 | | received medical, dental, or health related services from a county |
---|
1636 | 1638 | | or a hospital district shall be required to pay a reimbursement fee |
---|
1637 | 1639 | | for such services when they are rendered. If such prisoner is an |
---|
1638 | 1640 | | eligible county resident as defined in Section 61.002, Health and |
---|
1639 | 1641 | | Safety Code, the county or hospital district providing the services |
---|
1640 | 1642 | | has a right of subrogation to the prisoner's right of recovery from |
---|
1641 | 1643 | | any source, limited to the cost of services provided. A prisoner, |
---|
1642 | 1644 | | unless the prisoner fully pays for the cost of services received, |
---|
1643 | 1645 | | shall remain obligated to reimburse the county or hospital district |
---|
1644 | 1646 | | for any medical, dental, or health services provided, and the |
---|
1645 | 1647 | | county or hospital district may apply for reimbursement in the |
---|
1646 | 1648 | | manner provided by Chapter 61, Health and Safety Code. A county or |
---|
1647 | 1649 | | hospital district shall have authority to recover the amount |
---|
1648 | 1650 | | expended in a civil action. |
---|
1649 | 1651 | | SECTION 2.42. Sections 54.032(e), (g), and (h), Family |
---|
1650 | 1652 | | Code, are amended to read as follows: |
---|
1651 | 1653 | | (e) The court may require a child who requests a teen court |
---|
1652 | 1654 | | program to pay a reimbursement fee not to exceed $10 that is set by |
---|
1653 | 1655 | | the court to cover the costs of administering this section. The |
---|
1654 | 1656 | | court shall deposit the fee in the county treasury of the county in |
---|
1655 | 1657 | | which the court is located. A child who requests a teen court |
---|
1656 | 1658 | | program and does not complete the program is not entitled to a |
---|
1657 | 1659 | | refund of the fee. |
---|
1658 | 1660 | | (g) In addition to the reimbursement fee authorized by |
---|
1659 | 1661 | | Subsection (e), the court may require a child who requests a teen |
---|
1660 | 1662 | | court program to pay a $10 reimbursement fee to cover the cost to |
---|
1661 | 1663 | | the teen court for performing its duties under this section. The |
---|
1662 | 1664 | | court shall pay the fee to the teen court program, and the teen |
---|
1663 | 1665 | | court program must account to the court for the receipt and |
---|
1664 | 1666 | | disbursal of the fee. A child who pays a fee under this subsection |
---|
1665 | 1667 | | is not entitled to a refund of the fee, regardless of whether the |
---|
1666 | 1668 | | child successfully completes the teen court program. |
---|
1667 | 1669 | | (h) Notwithstanding Subsection (e) or (g), a juvenile court |
---|
1668 | 1670 | | that is located in the Texas-Louisiana border region, as defined by |
---|
1669 | 1671 | | Section 2056.002, Government Code, may charge a reimbursement fee |
---|
1670 | 1672 | | of $20 under those subsections. |
---|
1671 | 1673 | | SECTION 2.43. Sections 41.258(b), (c), (d), and (f), |
---|
1672 | 1674 | | Government Code, are amended to read as follows: |
---|
1673 | 1675 | | (b) A court, judge, magistrate, peace officer, or other |
---|
1674 | 1676 | | officer taking a bail bond for an offense other than a misdemeanor |
---|
1675 | 1677 | | punishable by fine only under Chapter 17, Code of Criminal |
---|
1676 | 1678 | | Procedure, shall require the payment of a $15 reimbursement fee |
---|
1677 | 1679 | | [cost] by each surety posting the bail bond, provided the fee [cost] |
---|
1678 | 1680 | | does not exceed $30 for all bail bonds posted at that time for an |
---|
1679 | 1681 | | individual and the fee [cost] is not required on the posting of a |
---|
1680 | 1682 | | personal or cash bond. |
---|
1681 | 1683 | | (c) An officer collecting a reimbursement fee [cost] under |
---|
1682 | 1684 | | this section shall deposit the fee [cost] in the county treasury in |
---|
1683 | 1685 | | accordance with Article 103.004, Code of Criminal Procedure. |
---|
1684 | 1686 | | (d) An officer who collects a reimbursement fee [cost] due |
---|
1685 | 1687 | | under this section shall: |
---|
1686 | 1688 | | (1) keep separate records of the funds collected; and |
---|
1687 | 1689 | | (2) file the reports required by Article 103.005, Code |
---|
1688 | 1690 | | of Criminal Procedure. |
---|
1689 | 1691 | | (f) A surety paying a reimbursement fee [cost] under |
---|
1690 | 1692 | | Subsection (b) may apply for and is entitled to a refund of the fee |
---|
1691 | 1693 | | [cost] not later than the 181st day after the date the state |
---|
1692 | 1694 | | declines to prosecute an individual or the grand jury declines to |
---|
1693 | 1695 | | indict an individual. |
---|
1694 | 1696 | | SECTION 2.44. The heading to Section 76.015, Government |
---|
1695 | 1697 | | Code, is amended to read as follows: |
---|
1696 | 1698 | | Sec. 76.015. REIMBURSEMENT [ADMINISTRATIVE] FEE. |
---|
1697 | 1699 | | SECTION 2.45. Section 76.015(c), Government Code, is |
---|
1698 | 1700 | | amended to read as follows: |
---|
1699 | 1701 | | (c) A department may assess a reasonable reimbursement |
---|
1700 | 1702 | | [administrative] fee of not less than $25 and not more than $60 per |
---|
1701 | 1703 | | month on an individual who participates in a program operated by the |
---|
1702 | 1704 | | department or receives services from the department and who is not |
---|
1703 | 1705 | | paying a monthly reimbursement fee under Article 42A.652, Code of |
---|
1704 | 1706 | | Criminal Procedure. |
---|
1705 | 1707 | | SECTION 2.46. Section 123.004, Government Code, is amended |
---|
1706 | 1708 | | to read as follows: |
---|
1707 | 1709 | | Sec. 123.004. REIMBURSEMENT FEES. (a) A drug court |
---|
1708 | 1710 | | program established under this chapter may collect from a |
---|
1709 | 1711 | | participant in the program: |
---|
1710 | 1712 | | (1) a reasonable reimbursement fee for the program |
---|
1711 | 1713 | | [fee] not to exceed $1,000; and |
---|
1712 | 1714 | | (2) an alcohol or controlled substance testing, |
---|
1713 | 1715 | | counseling, and treatment reimbursement fee in an amount necessary |
---|
1714 | 1716 | | to cover the costs of the testing, counseling, and treatment. |
---|
1715 | 1717 | | (b) Reimbursement fees [Fees] collected under this section |
---|
1716 | 1718 | | may be paid on a periodic basis or on a deferred payment schedule at |
---|
1717 | 1719 | | the discretion of the judge, magistrate, or coordinator. The fees |
---|
1718 | 1720 | | must be: |
---|
1719 | 1721 | | (1) based on the participant's ability to pay; and |
---|
1720 | 1722 | | (2) used only for purposes specific to the program. |
---|
1721 | 1723 | | SECTION 2.47. Section 124.005, Government Code, is amended |
---|
1722 | 1724 | | to read as follows: |
---|
1723 | 1725 | | Sec. 124.005. REIMBURSEMENT FEES. (a) A veterans |
---|
1724 | 1726 | | treatment court program established under this chapter may collect |
---|
1725 | 1727 | | from a participant in the program: |
---|
1726 | 1728 | | (1) a reasonable reimbursement fee for the program |
---|
1727 | 1729 | | [fee] not to exceed $1,000; and |
---|
1728 | 1730 | | (2) a testing, counseling, and treatment |
---|
1729 | 1731 | | reimbursement fee in an amount necessary to cover the costs of any |
---|
1730 | 1732 | | testing, counseling, or treatment performed or provided under the |
---|
1731 | 1733 | | program. |
---|
1732 | 1734 | | (b) Reimbursement fees [Fees] collected under this section |
---|
1733 | 1735 | | may be paid on a periodic basis or on a deferred payment schedule at |
---|
1734 | 1736 | | the discretion of the judge, magistrate, or coordinator. The fees |
---|
1735 | 1737 | | must be: |
---|
1736 | 1738 | | (1) based on the participant's ability to pay; and |
---|
1737 | 1739 | | (2) used only for purposes specific to the program. |
---|
1738 | 1740 | | SECTION 2.48. Section 126.006, Government Code, is amended |
---|
1739 | 1741 | | to read as follows: |
---|
1740 | 1742 | | Sec. 126.006. REIMBURSEMENT FEES. (a) A commercially |
---|
1741 | 1743 | | sexually exploited persons court program established under this |
---|
1742 | 1744 | | chapter may collect from a participant in the program a |
---|
1743 | 1745 | | nonrefundable reimbursement fee for the program [fee] in a |
---|
1744 | 1746 | | reasonable amount not to exceed $1,000, from which the following |
---|
1745 | 1747 | | must be paid: |
---|
1746 | 1748 | | (1) a counseling and services reimbursement fee in an |
---|
1747 | 1749 | | amount necessary to cover the costs of the counseling and services |
---|
1748 | 1750 | | provided by the program; and |
---|
1749 | 1751 | | (2) [a victim services fee in an amount equal to 10 |
---|
1750 | 1752 | | percent of the amount paid under Subdivision (1), to be deposited to |
---|
1751 | 1753 | | the credit of the general revenue fund to be appropriated only to |
---|
1752 | 1754 | | cover costs associated with the grant program described by Section |
---|
1753 | 1755 | | 531.383; and |
---|
1754 | 1756 | | [(3)] a law enforcement training reimbursement fee, in |
---|
1755 | 1757 | | an amount equal to five percent of the total amount paid under |
---|
1756 | 1758 | | Subdivision (1), to be deposited to the credit of the treasury of |
---|
1757 | 1759 | | the county or municipality that established the program to cover |
---|
1758 | 1760 | | costs associated with the provision of training to law enforcement |
---|
1759 | 1761 | | personnel on domestic violence, prostitution, and the trafficking |
---|
1760 | 1762 | | of persons. |
---|
1761 | 1763 | | (b) Reimbursement fees [Fees] collected under this section |
---|
1762 | 1764 | | may be paid on a periodic basis or on a deferred payment schedule at |
---|
1763 | 1765 | | the discretion of the judge, magistrate, or coordinator. The fees |
---|
1764 | 1766 | | must be based on the participant's ability to pay. |
---|
1765 | 1767 | | SECTION 2.49. Section 129.006, Government Code, is amended |
---|
1766 | 1768 | | to read as follows: |
---|
1767 | 1769 | | Sec. 129.006. REIMBURSEMENT FEES. (a) A public safety |
---|
1768 | 1770 | | employees treatment court program established under this chapter |
---|
1769 | 1771 | | may collect from a participant in the program: |
---|
1770 | 1772 | | (1) a reasonable reimbursement fee for the program |
---|
1771 | 1773 | | [fee] not to exceed $1,000; and |
---|
1772 | 1774 | | (2) a testing, counseling, and treatment |
---|
1773 | 1775 | | reimbursement fee in an amount necessary to cover the costs of any |
---|
1774 | 1776 | | testing, counseling, or treatment performed or provided under the |
---|
1775 | 1777 | | program. |
---|
1776 | 1778 | | (b) Reimbursement fees [Fees] collected under this section |
---|
1777 | 1779 | | may be paid on a periodic basis or on a deferred payment schedule at |
---|
1778 | 1780 | | the discretion of the judge, magistrate, or coordinator. The fees |
---|
1779 | 1781 | | must be: |
---|
1780 | 1782 | | (1) based on the participant's ability to pay; and |
---|
1781 | 1783 | | (2) used only for purposes specific to the program. |
---|
1782 | 1784 | | SECTION 2.50. Section 161.255(b), Health and Safety Code, |
---|
1783 | 1785 | | is amended to read as follows: |
---|
1784 | 1786 | | (b) The court shall charge an applicant a reimbursement fee |
---|
1785 | 1787 | | in the amount of $30 for each application for expungement filed |
---|
1786 | 1788 | | under this section to defray the cost of notifying state agencies of |
---|
1787 | 1789 | | orders of expungement under this section. |
---|
1788 | 1790 | | SECTION 2.51. Section 169.005, Health and Safety Code, is |
---|
1789 | 1791 | | amended to read as follows: |
---|
1790 | 1792 | | Sec. 169.005. REIMBURSEMENT FEES. (a) A first offender |
---|
1791 | 1793 | | prostitution prevention program established under this chapter may |
---|
1792 | 1794 | | collect from a participant in the program a nonrefundable |
---|
1793 | 1795 | | reimbursement [program] fee for the program in a reasonable amount |
---|
1794 | 1796 | | not to exceed $1,000, from which the following must be paid: |
---|
1795 | 1797 | | (1) a counseling and services reimbursement fee in an |
---|
1796 | 1798 | | amount necessary to cover the costs of the counseling and services |
---|
1797 | 1799 | | provided by the program; and |
---|
1798 | 1800 | | (2) [a victim services fee in an amount equal to 10 |
---|
1799 | 1801 | | percent of the amount paid under Subdivision (1), to be deposited to |
---|
1800 | 1802 | | the credit of the general revenue fund to be appropriated only to |
---|
1801 | 1803 | | cover costs associated with the grant program described by Section |
---|
1802 | 1804 | | 531.383, Government Code; and |
---|
1803 | 1805 | | [(3)] a law enforcement training reimbursement fee, in |
---|
1804 | 1806 | | an amount equal to five percent of the total amount paid under |
---|
1805 | 1807 | | Subdivision (1), to be deposited to the credit of the treasury of |
---|
1806 | 1808 | | the county or municipality that established the program to cover |
---|
1807 | 1809 | | costs associated with the provision of training to law enforcement |
---|
1808 | 1810 | | personnel on domestic violence, prostitution, and the trafficking |
---|
1809 | 1811 | | of persons. |
---|
1810 | 1812 | | (b) Reimbursement fees [Fees] collected under this section |
---|
1811 | 1813 | | may be paid on a periodic basis or on a deferred payment schedule at |
---|
1812 | 1814 | | the discretion of the judge, magistrate, or program director |
---|
1813 | 1815 | | administering the first offender prostitution prevention program. |
---|
1814 | 1816 | | The fees must be based on the participant's ability to pay. |
---|
1815 | 1817 | | SECTION 2.52. Section 132.002, Local Government Code, is |
---|
1816 | 1818 | | amended to read as follows: |
---|
1817 | 1819 | | Sec. 132.002. PAYMENT OF FEES OR COSTS BY CREDIT CARD OR |
---|
1818 | 1820 | | ELECTRONIC MEANS. (a) The commissioners court of a county may |
---|
1819 | 1821 | | authorize a county or precinct officer who collects fees, fines, |
---|
1820 | 1822 | | court costs, or other charges on behalf of the county or the state |
---|
1821 | 1823 | | to accept payment by credit card, the electronic processing of |
---|
1822 | 1824 | | checks, or other electronic means of a fee, fine, court costs, or |
---|
1823 | 1825 | | other charge. The commissioners court may also authorize a county |
---|
1824 | 1826 | | or precinct officer to collect and retain a reimbursement fee for |
---|
1825 | 1827 | | processing the payment by credit card, the electronic processing of |
---|
1826 | 1828 | | checks, or other electronic means. |
---|
1827 | 1829 | | (b) The governing body of a municipality may authorize a |
---|
1828 | 1830 | | municipal official who collects fees, fines, court costs, or other |
---|
1829 | 1831 | | charges to: |
---|
1830 | 1832 | | (1) accept payment by credit card of a fee, fine, court |
---|
1831 | 1833 | | cost, or other charge; and |
---|
1832 | 1834 | | (2) collect a reimbursement fee for processing the |
---|
1833 | 1835 | | payment by credit card. |
---|
1834 | 1836 | | (c) The governing body of a municipality may authorize the |
---|
1835 | 1837 | | acceptance of payment by credit card without requiring collection |
---|
1836 | 1838 | | of a reimbursement fee. |
---|
1837 | 1839 | | (d) The commissioners court may authorize a county or |
---|
1838 | 1840 | | precinct officer who collects fees, fines, court costs, or other |
---|
1839 | 1841 | | charges on behalf of the county or the state to accept payment by |
---|
1840 | 1842 | | electronic means of a fee, fine, court costs, or other charge. The |
---|
1841 | 1843 | | commissioners court may also authorize a county or precinct officer |
---|
1842 | 1844 | | to collect and retain a reimbursement [handling] fee for processing |
---|
1843 | 1845 | | the payment by electronic means. |
---|
1844 | 1846 | | (e) A commissioners court may authorize the acceptance of |
---|
1845 | 1847 | | payment by credit card or by electronic means without requiring |
---|
1846 | 1848 | | collection of a reimbursement fee. |
---|
1847 | 1849 | | (f) The director of a community supervision and corrections |
---|
1848 | 1850 | | department, with the approval of the judges described by Section |
---|
1849 | 1851 | | 76.002, Government Code, may authorize a community supervision |
---|
1850 | 1852 | | official who collects fees, fines, court costs, and other charges |
---|
1851 | 1853 | | to: |
---|
1852 | 1854 | | (1) accept payment by debit card or credit card of a |
---|
1853 | 1855 | | fee, fine, court cost, or other charge; and |
---|
1854 | 1856 | | (2) collect a reimbursement fee for processing the |
---|
1855 | 1857 | | payment by debit card or credit card. |
---|
1856 | 1858 | | SECTION 2.53. Section 132.003, Local Government Code, is |
---|
1857 | 1859 | | amended to read as follows: |
---|
1858 | 1860 | | Sec. 132.003. REIMBURSEMENT [PROCESSING OR HANDLING] FEE |
---|
1859 | 1861 | | FOR PROCESSING CERTAIN PAYMENTS. (a) The commissioners court |
---|
1860 | 1862 | | shall set a reimbursement [processing] fee in an amount that is |
---|
1861 | 1863 | | reasonably related to the expense incurred by the county or |
---|
1862 | 1864 | | precinct officer in processing the payment by credit card. |
---|
1863 | 1865 | | However, the court may not set the [processing] fee authorized by |
---|
1864 | 1866 | | this subsection in an amount that exceeds five percent of the amount |
---|
1865 | 1867 | | of the fee, court cost, or other charge being paid. |
---|
1866 | 1868 | | (b) The governing body of a municipality shall set the |
---|
1867 | 1869 | | reimbursement [processing] fee in an amount that is reasonably |
---|
1868 | 1870 | | related to the expense incurred by the municipal official in |
---|
1869 | 1871 | | processing the payment by credit card. However, the governing body |
---|
1870 | 1872 | | may not set the [processing] fee authorized by this subsection in an |
---|
1871 | 1873 | | amount that exceeds five percent of the amount of the fee, fine, |
---|
1872 | 1874 | | court cost, or other charge being paid. |
---|
1873 | 1875 | | (c) If the commissioners court authorizes collection of a |
---|
1874 | 1876 | | reimbursement [handling] fee for processing a payment by electronic |
---|
1875 | 1877 | | means under Section 132.002(d) [132.002(c)], the reimbursement fee |
---|
1876 | 1878 | | shall be set: |
---|
1877 | 1879 | | (1) at a flat rate that does not exceed $5 for each |
---|
1878 | 1880 | | payment transaction; or |
---|
1879 | 1881 | | (2) at a rate that is reasonably related to the expense |
---|
1880 | 1882 | | incurred by the county or precinct officer in processing a payment |
---|
1881 | 1883 | | by electronic means and that does not exceed five percent of the |
---|
1882 | 1884 | | amount of the fee, court cost, or other charge being paid. |
---|
1883 | 1885 | | (d) In addition to the reimbursement fee set under |
---|
1884 | 1886 | | Subsection (a), the commissioners court of a county may authorize a |
---|
1885 | 1887 | | county or precinct officer to collect on behalf of the county from a |
---|
1886 | 1888 | | person making payment by credit card a reimbursement fee in an |
---|
1887 | 1889 | | amount equal to the amount of any transaction fee charged to the |
---|
1888 | 1890 | | county by a vendor providing services in connection with payments |
---|
1889 | 1891 | | made by credit card. The limitation prescribed by Subsection (a) on |
---|
1890 | 1892 | | the amount of a reimbursement fee under that subsection does not |
---|
1891 | 1893 | | apply to a reimbursement fee collected under this subsection. |
---|
1892 | 1894 | | SECTION 2.54. Section 133.103, Local Government Code, is |
---|
1893 | 1895 | | transferred to Subchapter A, Chapter 102, Code of Criminal |
---|
1894 | 1896 | | Procedure, redesignated as Article 102.030, Code of Criminal |
---|
1895 | 1897 | | Procedure, and amended to read as follows: |
---|
1896 | 1898 | | Art. 102.030 [Sec. 133.103]. TIME PAYMENT REIMBURSEMENT |
---|
1897 | 1899 | | FEE. (a) A person convicted of an offense shall pay[, in addition |
---|
1898 | 1900 | | to all other costs,] a reimbursement fee of $15 [$25] if the person: |
---|
1899 | 1901 | | (1) has been convicted of a felony or misdemeanor; and |
---|
1900 | 1902 | | (2) pays any part of a fine, court costs, or |
---|
1901 | 1903 | | restitution, or another reimbursement fee, on or after the 31st day |
---|
1902 | 1904 | | after the date on which a judgment is entered assessing the fine, |
---|
1903 | 1905 | | court costs, [or] restitution, or other reimbursement fee. |
---|
1904 | 1906 | | (b) The [Except as provided by Subsection (c-1), the |
---|
1905 | 1907 | | treasurer shall send 50 percent of the fees collected under this |
---|
1906 | 1908 | | section to the comptroller. The comptroller shall deposit the fees |
---|
1907 | 1909 | | received to the credit of the general revenue fund. |
---|
1908 | 1910 | | [(c) Except as provided by Subsection (c-1), the] treasurer |
---|
1909 | 1911 | | shall deposit [10 percent of] the reimbursement fees collected |
---|
1910 | 1912 | | under this section in a separate account in the general fund of the |
---|
1911 | 1913 | | county or municipality to be used for the purpose of improving the |
---|
1912 | 1914 | | collection of outstanding court costs, fines, reimbursement fees, |
---|
1913 | 1915 | | or restitution or improving the efficiency of the administration of |
---|
1914 | 1916 | | justice in the county or municipality. The county or municipality |
---|
1915 | 1917 | | shall prioritize the needs of the judicial officer who collected |
---|
1916 | 1918 | | the fees when making expenditures under this subsection and use the |
---|
1917 | 1919 | | money deposited to provide for those needs. |
---|
1918 | 1920 | | [(c-1) The treasurer shall send to the comptroller 100 |
---|
1919 | 1921 | | percent of the fees collected under this section if, during an audit |
---|
1920 | 1922 | | under Article 103.0033(j), Code of Criminal Procedure, the Office |
---|
1921 | 1923 | | of Court Administration of the Texas Judicial System determines |
---|
1922 | 1924 | | that the municipality or county is not in compliance with Article |
---|
1923 | 1925 | | 103.0033, Code of Criminal Procedure, and is unable to reestablish |
---|
1924 | 1926 | | compliance on or before the 180th day after the date the |
---|
1925 | 1927 | | municipality or county receives written notice of noncompliance |
---|
1926 | 1928 | | from the office. After any period in which the treasurer is |
---|
1927 | 1929 | | required under this subsection to send 100 percent of the fees |
---|
1928 | 1930 | | collected under this section to the comptroller, the municipality |
---|
1929 | 1931 | | or county shall begin once more to dispose of fees as otherwise |
---|
1930 | 1932 | | provided by this section on receipt of a written confirmation from |
---|
1931 | 1933 | | the office that the municipality or county is in compliance with |
---|
1932 | 1934 | | Article 103.0033, Code of Criminal Procedure. |
---|
1933 | 1935 | | [(d) The treasurer shall deposit the remainder of the fees |
---|
1934 | 1936 | | collected under this section in the general revenue account of the |
---|
1935 | 1937 | | county or municipality.] |
---|
1936 | 1938 | | SECTION 2.55. The heading to Section 31.127, Parks and |
---|
1937 | 1939 | | Wildlife Code, is amended to read as follows: |
---|
1938 | 1940 | | Sec. 31.127. PENALTIES AND FINES. |
---|
1939 | 1941 | | SECTION 2.56. Section 31.127(f), Parks and Wildlife Code, |
---|
1940 | 1942 | | is amended to read as follows: |
---|
1941 | 1943 | | (f) A court may dismiss a charge of operating a vessel with |
---|
1942 | 1944 | | an expired certificate of number under Section 31.021 if: |
---|
1943 | 1945 | | (1) the defendant remedies the defect not later than |
---|
1944 | 1946 | | the 10th working day after the date of the offense and pays a fine |
---|
1945 | 1947 | | [an administrative fee] not to exceed $10; and |
---|
1946 | 1948 | | (2) the certificate of number has not been expired for |
---|
1947 | 1949 | | more than 60 days. |
---|
1948 | 1950 | | SECTION 2.57. The heading to Section 284.2031, |
---|
1949 | 1951 | | Transportation Code, is amended to read as follows: |
---|
1950 | 1952 | | Sec. 284.2031. CIVIL AND CRIMINAL ENFORCEMENT: FINE |
---|
1951 | 1953 | | [COST]. |
---|
1952 | 1954 | | SECTION 2.58. Section 284.2031(a), Transportation Code, is |
---|
1953 | 1955 | | amended to read as follows: |
---|
1954 | 1956 | | (a) A county may impose, in addition to other costs, a fine |
---|
1955 | 1957 | | of $1 [as a court cost] on conviction to a defendant convicted of an |
---|
1956 | 1958 | | offense under Section 284.070, 284.0701, or 284.203 in an action |
---|
1957 | 1959 | | brought by the county or district attorney. |
---|
1958 | 1960 | | SECTION 2.59. The heading to Section 284.2032, |
---|
1959 | 1961 | | Transportation Code, is amended to read as follows: |
---|
1960 | 1962 | | Sec. 284.2032. FINE [ADDITIONAL ADMINISTRATIVE COST] IN |
---|
1961 | 1963 | | CERTAIN COUNTIES. |
---|
1962 | 1964 | | SECTION 2.60. Section 284.2032(a), Transportation Code, is |
---|
1963 | 1965 | | amended to read as follows: |
---|
1964 | 1966 | | (a) A county with a population of 3.3 million or more may |
---|
1965 | 1967 | | impose a fine of[, in addition to other costs,] $1 [as an |
---|
1966 | 1968 | | administrative cost associated with collecting a toll or charge] |
---|
1967 | 1969 | | for each event of nonpayment of a required toll or charge imposed |
---|
1968 | 1970 | | under Section 284.069. |
---|
1969 | 1971 | | SECTION 2.61. Sections 502.010(f), (f-1), (i), and (j), |
---|
1970 | 1972 | | Transportation Code, are amended to read as follows: |
---|
1971 | 1973 | | (f) Except as otherwise provided by this section, a county |
---|
1972 | 1974 | | that has a contract under Subsection (b) may impose an additional |
---|
1973 | 1975 | | reimbursement fee of $20 to: |
---|
1974 | 1976 | | (1) a person who fails to pay a fine, fee, or tax to the |
---|
1975 | 1977 | | county by the date on which the fine, fee, or tax is due; or |
---|
1976 | 1978 | | (2) a person who fails to appear in connection with a |
---|
1977 | 1979 | | complaint, citation, information, or indictment in a court in which |
---|
1978 | 1980 | | a criminal proceeding is pending against the owner. |
---|
1979 | 1981 | | (f-1) The additional reimbursement fee may be used only to |
---|
1980 | 1982 | | reimburse the department or the county assessor-collector for its |
---|
1981 | 1983 | | expenses for providing services under the contract, or another |
---|
1982 | 1984 | | county department for expenses related to services under the |
---|
1983 | 1985 | | contract. |
---|
1984 | 1986 | | (i) A municipal court judge or justice of the peace who has |
---|
1985 | 1987 | | jurisdiction over the underlying offense may waive an additional |
---|
1986 | 1988 | | reimbursement fee imposed under Subsection (f) if the judge or |
---|
1987 | 1989 | | justice makes a finding that the defendant is economically unable |
---|
1988 | 1990 | | to pay the fee or that good cause exists for the waiver. |
---|
1989 | 1991 | | (j) If a county assessor-collector is notified that the |
---|
1990 | 1992 | | court having jurisdiction over the underlying offense has waived |
---|
1991 | 1993 | | the past due fine or fee, including a reimbursement fee, due to the |
---|
1992 | 1994 | | defendant's indigency, the county may not impose an additional |
---|
1993 | 1995 | | reimbursement fee on the defendant under Subsection (f). |
---|
1994 | 1996 | | SECTION 2.62. Section 502.407(b), Transportation Code, is |
---|
1995 | 1997 | | amended to read as follows: |
---|
1996 | 1998 | | (b) A justice of the peace or municipal court judge having |
---|
1997 | 1999 | | jurisdiction of the offense may: |
---|
1998 | 2000 | | (1) dismiss a charge of driving with an expired motor |
---|
1999 | 2001 | | vehicle registration if the defendant: |
---|
2000 | 2002 | | (A) remedies the defect not later than the 20th |
---|
2001 | 2003 | | working day after the date of the offense or before the defendant's |
---|
2002 | 2004 | | first court appearance date, whichever is later; and |
---|
2003 | 2005 | | (B) establishes that the fee prescribed by |
---|
2004 | 2006 | | Section 502.045 has been paid; and |
---|
2005 | 2007 | | (2) assess a fine [an administrative fee] not to |
---|
2006 | 2008 | | exceed $20 when the charge is dismissed. |
---|
2007 | 2009 | | SECTION 2.63. Section 502.473(d), Transportation Code, is |
---|
2008 | 2010 | | amended to read as follows: |
---|
2009 | 2011 | | (d) A court may dismiss a charge brought under Subsection |
---|
2010 | 2012 | | (a) if the defendant pays a fine [an administrative fee] not to |
---|
2011 | 2013 | | exceed $10 and: |
---|
2012 | 2014 | | (1) remedies the defect before the defendant's first |
---|
2013 | 2015 | | court appearance; or |
---|
2014 | 2016 | | (2) shows that the motor vehicle was issued a |
---|
2015 | 2017 | | registration insignia by the department that was attached to the |
---|
2016 | 2018 | | motor vehicle, establishing that the vehicle was registered for the |
---|
2017 | 2019 | | period during which the offense was committed. |
---|
2018 | 2020 | | SECTION 2.64. Section 502.475(c), Transportation Code, is |
---|
2019 | 2021 | | amended to read as follows: |
---|
2020 | 2022 | | (c) A court may dismiss a charge brought under Subsection |
---|
2021 | 2023 | | (a)(3) if the defendant: |
---|
2022 | 2024 | | (1) remedies the defect before the defendant's first |
---|
2023 | 2025 | | court appearance; and |
---|
2024 | 2026 | | (2) pays a fine [an administrative fee] not to exceed |
---|
2025 | 2027 | | $10. |
---|
2026 | 2028 | | SECTION 2.65. Section 504.943(d), Transportation Code, is |
---|
2027 | 2029 | | amended to read as follows: |
---|
2028 | 2030 | | (d) A court may dismiss a charge brought under Subsection |
---|
2029 | 2031 | | (a)(1) if the defendant: |
---|
2030 | 2032 | | (1) remedies the defect before the defendant's first |
---|
2031 | 2033 | | court appearance; and |
---|
2032 | 2034 | | (2) pays a fine [an administrative fee] not to exceed |
---|
2033 | 2035 | | $10. |
---|
2034 | 2036 | | SECTION 2.66. Section 504.945(d), Transportation Code, is |
---|
2035 | 2037 | | amended to read as follows: |
---|
2036 | 2038 | | (d) A court may dismiss a charge brought under Subsection |
---|
2037 | 2039 | | (a)(3), (5), (6), or (7) if the defendant: |
---|
2038 | 2040 | | (1) remedies the defect before the defendant's first |
---|
2039 | 2041 | | court appearance; |
---|
2040 | 2042 | | (2) pays a fine [an administrative fee] not to exceed |
---|
2041 | 2043 | | $10; and |
---|
2042 | 2044 | | (3) shows that the vehicle was issued a plate by the |
---|
2043 | 2045 | | department that was attached to the vehicle, establishing that the |
---|
2044 | 2046 | | vehicle was registered for the period during which the offense was |
---|
2045 | 2047 | | committed. |
---|
2046 | 2048 | | SECTION 2.67. Section 521.026(b), Transportation Code, is |
---|
2047 | 2049 | | amended to read as follows: |
---|
2048 | 2050 | | (b) The judge may assess the defendant a fine [an |
---|
2049 | 2051 | | administrative fee] not to exceed $20 when the charge of driving |
---|
2050 | 2052 | | with an expired driver's license is dismissed under Subsection (a). |
---|
2051 | 2053 | | SECTION 2.68. Section 521.054(d), Transportation Code, is |
---|
2052 | 2054 | | amended to read as follows: |
---|
2053 | 2055 | | (d) A court may dismiss a charge for a violation of this |
---|
2054 | 2056 | | section if the defendant remedies the defect not later than the 20th |
---|
2055 | 2057 | | working day after the date of the offense and pays a fine [an |
---|
2056 | 2058 | | administrative fee] not to exceed $20. The court may waive the fine |
---|
2057 | 2059 | | [administrative fee] if the waiver is in the interest of justice. |
---|
2058 | 2060 | | SECTION 2.69. Section 521.221(d), Transportation Code, is |
---|
2059 | 2061 | | amended to read as follows: |
---|
2060 | 2062 | | (d) A court may dismiss a charge for a violation of this |
---|
2061 | 2063 | | section if: |
---|
2062 | 2064 | | (1) the restriction or endorsement was imposed: |
---|
2063 | 2065 | | (A) because of a physical condition that was |
---|
2064 | 2066 | | surgically or otherwise medically corrected before the date of the |
---|
2065 | 2067 | | offense; or |
---|
2066 | 2068 | | (B) in error and that fact is established by the |
---|
2067 | 2069 | | defendant; |
---|
2068 | 2070 | | (2) the department removes the restriction or |
---|
2069 | 2071 | | endorsement before the defendant's first court appearance; and |
---|
2070 | 2072 | | (3) the defendant pays a fine [an administrative fee] |
---|
2071 | 2073 | | not to exceed $10. |
---|
2072 | 2074 | | SECTION 2.70. The heading to Section 542.403, |
---|
2073 | 2075 | | Transportation Code, is amended to read as follows: |
---|
2074 | 2076 | | Sec. 542.403. FINES [COURT COSTS]. |
---|
2075 | 2077 | | SECTION 2.71. Sections 542.403(a) and (b), Transportation |
---|
2076 | 2078 | | Code, are amended to read as follows: |
---|
2077 | 2079 | | (a) In addition to other costs, the court shall order a |
---|
2078 | 2080 | | person convicted of a misdemeanor under this subtitle to [shall] |
---|
2079 | 2081 | | pay a fine of $3 [as a cost of court]. |
---|
2080 | 2082 | | (b) The officer who collects a fine [cost] under this |
---|
2081 | 2083 | | section shall: |
---|
2082 | 2084 | | (1) deposit in the municipal treasury a fine [cost] |
---|
2083 | 2085 | | collected in a municipal court case; and |
---|
2084 | 2086 | | (2) deposit in the county treasury a fine [cost] |
---|
2085 | 2087 | | collected in a justice court case or in a county court case, |
---|
2086 | 2088 | | including a case appealed from a justice or municipal court. |
---|
2087 | 2089 | | SECTION 2.72. Section 547.004(c), Transportation Code, is |
---|
2088 | 2090 | | amended to read as follows: |
---|
2089 | 2091 | | (c) A court may dismiss a charge brought under this section |
---|
2090 | 2092 | | if the defendant: |
---|
2091 | 2093 | | (1) remedies the defect before the defendant's first |
---|
2092 | 2094 | | court appearance; and |
---|
2093 | 2095 | | (2) pays a fine [an administrative fee] not to exceed |
---|
2094 | 2096 | | $10. |
---|
2095 | 2097 | | SECTION 2.73. Section 548.605(e), Transportation Code, is |
---|
2096 | 2098 | | amended to read as follows: |
---|
2097 | 2099 | | (e) A court shall: |
---|
2098 | 2100 | | (1) dismiss a charge under this section if the |
---|
2099 | 2101 | | defendant remedies the defect: |
---|
2100 | 2102 | | (A) not later than the 20th working day after the |
---|
2101 | 2103 | | date of the citation or before the defendant's first court |
---|
2102 | 2104 | | appearance date, whichever is later; and |
---|
2103 | 2105 | | (B) not later than the 40th working day after the |
---|
2104 | 2106 | | applicable deadline provided by this chapter, Chapter 382, Health |
---|
2105 | 2107 | | and Safety Code, or the department's administrative rules regarding |
---|
2106 | 2108 | | inspection requirements; and |
---|
2107 | 2109 | | (2) assess a fine [an administrative fee] not to |
---|
2108 | 2110 | | exceed $20 when the charge has been remedied under Subdivision (1). |
---|
2109 | 2111 | | SECTION 2.74. Section 601.263, Transportation Code, is |
---|
2110 | 2112 | | amended to read as follows: |
---|
2111 | 2113 | | Sec. 601.263. REIMBURSEMENT FEE [COST] FOR IMPOUNDMENT. |
---|
2112 | 2114 | | The court shall impose against the defendant a reimbursement fee |
---|
2113 | 2115 | | [cost] of $15 a day for each day of impoundment of the defendant's |
---|
2114 | 2116 | | vehicle. |
---|
2115 | 2117 | | SECTION 2.75. The heading to Section 681.013, |
---|
2116 | 2118 | | Transportation Code, is amended to read as follows: |
---|
2117 | 2119 | | Sec. 681.013. DISMISSAL OF CHARGE; FINE [ADMINISTRATIVE |
---|
2118 | 2120 | | FEE]. |
---|
2119 | 2121 | | SECTION 2.76. Section 681.013(b), Transportation Code, is |
---|
2120 | 2122 | | amended to read as follows: |
---|
2121 | 2123 | | (b) The court shall: |
---|
2122 | 2124 | | (1) dismiss a charge for an offense under Section |
---|
2123 | 2125 | | 681.011(b)(1) if: |
---|
2124 | 2126 | | (A) the vehicle displayed a disabled parking |
---|
2125 | 2127 | | placard that was not valid as expired; |
---|
2126 | 2128 | | (B) the defendant remedies the defect by renewing |
---|
2127 | 2129 | | the expired disabled parking placard within 20 working days from |
---|
2128 | 2130 | | the date of the offense or before the defendant's first court |
---|
2129 | 2131 | | appearance date, whichever is later; and |
---|
2130 | 2132 | | (C) the disabled parking placard has not been |
---|
2131 | 2133 | | expired for more than 60 days; and |
---|
2132 | 2134 | | (2) assess a fine [an administrative fee] not to |
---|
2133 | 2135 | | exceed $20 when the charge has been remedied. |
---|
2134 | 2136 | | SECTION 2.77. Section 702.003(e-1), Transportation Code, |
---|
2135 | 2137 | | is amended to read as follows: |
---|
2136 | 2138 | | (e-1) A municipality that has a contract under Subsection |
---|
2137 | 2139 | | (b) may impose an additional $20 reimbursement fee to a person who |
---|
2138 | 2140 | | has an outstanding warrant from the municipality for failure to |
---|
2139 | 2141 | | appear or failure to pay a fine on a complaint that involves the |
---|
2140 | 2142 | | violation of a traffic law. The additional reimbursement fee may be |
---|
2141 | 2143 | | used only to reimburse the department or the county |
---|
2142 | 2144 | | assessor-collector for its expenses for providing services under |
---|
2143 | 2145 | | the contract, or another county department for expenses related to |
---|
2144 | 2146 | | services under the contract. |
---|
2145 | 2147 | | SECTION 2.78. Section 706.006, Transportation Code, is |
---|
2146 | 2148 | | amended to read as follows: |
---|
2147 | 2149 | | Sec. 706.006. PAYMENT OF REIMBURSEMENT [ADMINISTRATIVE] |
---|
2148 | 2150 | | FEE. (a) Except as provided by Subsection (d), a person who fails |
---|
2149 | 2151 | | to appear for a complaint or citation for an offense described by |
---|
2150 | 2152 | | Section 706.002(a) shall be required to pay a reimbursement [an |
---|
2151 | 2153 | | administrative] fee of $10 [$30] for each complaint or citation |
---|
2152 | 2154 | | reported to the department under this chapter, unless: |
---|
2153 | 2155 | | (1) the person is acquitted of the charges for which |
---|
2154 | 2156 | | the person failed to appear; |
---|
2155 | 2157 | | (2) the charges on which the person failed to appear |
---|
2156 | 2158 | | were dismissed with prejudice by motion of the appropriate |
---|
2157 | 2159 | | prosecuting attorney for lack of evidence; |
---|
2158 | 2160 | | (3) the failure to appear report was sent to the |
---|
2159 | 2161 | | department in error; or |
---|
2160 | 2162 | | (4) the case regarding the complaint or citation is |
---|
2161 | 2163 | | closed and the failure to appear report has been destroyed in |
---|
2162 | 2164 | | accordance with the applicable political subdivision's records |
---|
2163 | 2165 | | retention policy. |
---|
2164 | 2166 | | (a-1) A person who is required to pay a reimbursement fee |
---|
2165 | 2167 | | under Subsection (a) shall pay the fee when: |
---|
2166 | 2168 | | (1) the court enters judgment on the underlying |
---|
2167 | 2169 | | offense reported to the department; |
---|
2168 | 2170 | | (2) the underlying offense is dismissed, other than a |
---|
2169 | 2171 | | dismissal described by Subsection (a)(2); or |
---|
2170 | 2172 | | (3) bond or other security is posted to reinstate the |
---|
2171 | 2173 | | charge for which the warrant was issued. |
---|
2172 | 2174 | | (b) Except as provided by Subsection (d), a person who fails |
---|
2173 | 2175 | | to pay or satisfy a judgment ordering the payment of a fine and cost |
---|
2174 | 2176 | | in the manner the court orders shall be required to pay a |
---|
2175 | 2177 | | reimbursement [an administrative] fee of $10 [$30]. |
---|
2176 | 2178 | | (c) The department may deny renewal of the driver's license |
---|
2177 | 2179 | | of a person who does not pay a reimbursement fee due under this |
---|
2178 | 2180 | | section until the fee is paid. The fee required by this section is |
---|
2179 | 2181 | | in addition to any other fee required by law. |
---|
2180 | 2182 | | (d) If the court having jurisdiction over the underlying |
---|
2181 | 2183 | | offense makes a finding that the person is indigent, the person may |
---|
2182 | 2184 | | not be required to pay a reimbursement [an administrative] fee |
---|
2183 | 2185 | | under this section. For purposes of this subsection, a person is |
---|
2184 | 2186 | | presumed to be indigent if the person: |
---|
2185 | 2187 | | (1) is required to attend school full time under |
---|
2186 | 2188 | | Section 25.085, Education Code; |
---|
2187 | 2189 | | (2) is a member of a household with a total annual |
---|
2188 | 2190 | | income that is below 125 percent of the applicable income level |
---|
2189 | 2191 | | established by the federal poverty guidelines; or |
---|
2190 | 2192 | | (3) receives assistance from: |
---|
2191 | 2193 | | (A) the financial assistance program established |
---|
2192 | 2194 | | under Chapter 31, Human Resources Code; |
---|
2193 | 2195 | | (B) the medical assistance program under Chapter |
---|
2194 | 2196 | | 32, Human Resources Code; |
---|
2195 | 2197 | | (C) the supplemental nutrition assistance |
---|
2196 | 2198 | | program established under Chapter 33, Human Resources Code; |
---|
2197 | 2199 | | (D) the federal special supplemental nutrition |
---|
2198 | 2200 | | program for women, infants, and children authorized by 42 U.S.C. |
---|
2199 | 2201 | | Section 1786; or |
---|
2200 | 2202 | | (E) the child health plan program under Chapter |
---|
2201 | 2203 | | 62, Health and Safety Code. |
---|
2202 | 2204 | | SECTION 2.79. The heading to Section 706.007, |
---|
2203 | 2205 | | Transportation Code, is amended to read as follows: |
---|
2204 | 2206 | | Sec. 706.007. [RECORDS RELATING TO FEES;] DISPOSITION OF |
---|
2205 | 2207 | | FEES. |
---|
2206 | 2208 | | SECTION 2.80. Sections 706.007(a) and (d), Transportation |
---|
2207 | 2209 | | Code, are amended to read as follows: |
---|
2208 | 2210 | | (a) An officer collecting a reimbursement fee under Section |
---|
2209 | 2211 | | 706.006 shall remit the money to the municipal or county treasurer, |
---|
2210 | 2212 | | as applicable [keep records and deposit the money as provided by |
---|
2211 | 2213 | | Subchapter B, Chapter 133, Local Government Code]. |
---|
2212 | 2214 | | (d) The [Of each fee collected under Section 706.006, the] |
---|
2213 | 2215 | | custodian of a municipal or county treasury shall[: |
---|
2214 | 2216 | | [(1) send $20 to the comptroller on or before the last |
---|
2215 | 2217 | | day of each calendar quarter; and |
---|
2216 | 2218 | | [(2)] deposit the money collected under Section |
---|
2217 | 2219 | | 706.006 [remainder] to the credit of the general fund of the |
---|
2218 | 2220 | | municipality or county for the purposes of Section 706.008. |
---|
2219 | | - | ARTICLE 3. ADMINISTRATIVE, CIVIL, AND CRIMINAL CONSEQUENCES |
---|
2220 | | - | IMPOSED ON PERSONS ARRESTED FOR, CHARGED WITH, OR CONVICTED OF |
---|
2221 | | - | CERTAIN CRIMINAL OFFENSES |
---|
2222 | | - | SECTION 3.01. Chapter 1, Code of Criminal Procedure, is |
---|
2223 | | - | amended by adding Article 1.053 to read as follows: |
---|
2224 | | - | Art. 1.053. PRESENT ABILITY TO PAY. Except as otherwise |
---|
2225 | | - | specifically provided, in determining a defendant's ability to pay |
---|
2226 | | - | for any purpose, the court shall consider only the defendant's |
---|
2227 | | - | present ability to pay. |
---|
2228 | | - | SECTION 3.02. Article 43.015, Code of Criminal Procedure, |
---|
2229 | | - | is amended by adding Subdivision (3) to read as follows: |
---|
2230 | | - | (3) "Cost" includes any fee imposed on a defendant by |
---|
2231 | | - | the court at the time a judgment is entered. |
---|
2232 | | - | SECTION 3.03. Chapter 43, Code of Criminal Procedure, is |
---|
2233 | | - | amended by adding Article 43.035 to read as follows: |
---|
2234 | | - | Art. 43.035. RECONSIDERATION OF FINE OR COSTS. (a) If a |
---|
2235 | | - | defendant notifies the court that the defendant has difficulty |
---|
2236 | | - | paying the fine and costs in compliance with the judgment, the court |
---|
2237 | | - | shall hold a hearing to determine whether that portion of the |
---|
2238 | | - | judgment imposes an undue hardship on the defendant. |
---|
2239 | | - | (b) For purposes of Subsection (a), a defendant may notify |
---|
2240 | | - | the court by: |
---|
2241 | | - | (1) voluntarily appearing and informing the court or |
---|
2242 | | - | the clerk of the court in the manner established by the court for |
---|
2243 | | - | that purpose; |
---|
2244 | | - | (2) filing a motion with the court; |
---|
2245 | | - | (3) mailing a letter to the court; or |
---|
2246 | | - | (4) any other method established by the court for that |
---|
2247 | | - | purpose. |
---|
2248 | | - | (c) If the court determines at the hearing under Subsection |
---|
2249 | | - | (a) that the portion of the judgment regarding the fine and costs |
---|
2250 | | - | imposes an undue hardship on the defendant, the court shall |
---|
2251 | | - | consider whether the fine and costs should be satisfied through one |
---|
2252 | | - | or more methods listed under Article 42.15(a-1). |
---|
2253 | | - | (d) The court may decline to hold a hearing under Subsection |
---|
2254 | | - | (a) if the court: |
---|
2255 | | - | (1) previously held a hearing under that subsection |
---|
2256 | | - | with respect to the case and is able to determine without holding a |
---|
2257 | | - | hearing that the portion of the judgment regarding the fine and |
---|
2258 | | - | costs does not impose an undue hardship on the defendant; or |
---|
2259 | | - | (2) is able to determine without holding a hearing |
---|
2260 | | - | that: |
---|
2261 | | - | (A) the applicable portion of the judgment |
---|
2262 | | - | imposes an undue hardship on the defendant; and |
---|
2263 | | - | (B) the fine and costs should be satisfied |
---|
2264 | | - | through one or more methods listed under Article 42.15(a-1). |
---|
2265 | | - | (e) The court retains jurisdiction for the purpose of making |
---|
2266 | | - | a determination under this article. |
---|
2267 | | - | SECTION 3.04. The heading to Article 43.05, Code of |
---|
2268 | | - | Criminal Procedure, is amended to read as follows: |
---|
2269 | | - | Art. 43.05. ISSUANCE AND RECALL OF CAPIAS PRO FINE [SHALL |
---|
2270 | | - | RECITE]. |
---|
2271 | | - | SECTION 3.05. Article 43.05(a-1), Code of Criminal |
---|
2272 | | - | Procedure, as added by Chapter 1127 (S.B. 1913), Acts of the 85th |
---|
2273 | | - | Legislature, Regular Session, 2017, is amended to read as follows: |
---|
2274 | | - | (a-1) A court may not issue a capias pro fine for the |
---|
2275 | | - | defendant's failure to satisfy the judgment according to its terms |
---|
2276 | | - | unless the court holds a hearing to determine whether the judgment |
---|
2277 | | - | imposes an undue hardship on the defendant [on the defendant's |
---|
2278 | | - | ability to satisfy the judgment] and the defendant fails to: |
---|
2279 | | - | (1) [the defendant fails to] appear at the hearing; or |
---|
2280 | | - | (2) comply with an order issued under Subsection (a-3) |
---|
2281 | | - | as a result of the hearing [based on evidence presented at the |
---|
2282 | | - | hearing, the court determines that the capias pro fine should be |
---|
2283 | | - | issued]. |
---|
2284 | | - | SECTION 3.06. Article 43.05, Code of Criminal Procedure, is |
---|
2285 | | - | amended by amending Subsection (a-2) and adding Subsections (a-3) |
---|
2286 | | - | and (a-4) to read as follows: |
---|
2287 | | - | (a-2) If the court determines at the hearing under |
---|
2288 | | - | Subsection (a-1) that the judgment imposes an undue hardship on the |
---|
2289 | | - | defendant, the court shall determine whether the fine and costs |
---|
2290 | | - | should be satisfied through one or more methods listed under |
---|
2291 | | - | Article 42.15(a-1). The court retains jurisdiction for the purpose |
---|
2292 | | - | of making a determination under this subsection. |
---|
2293 | | - | (a-3) If the court determines at the hearing under |
---|
2294 | | - | Subsection (a-1) that the judgment does not impose an undue |
---|
2295 | | - | hardship on the defendant, the court shall order the defendant to |
---|
2296 | | - | comply with the judgment not later than the 30th day after the date |
---|
2297 | | - | the determination is made. |
---|
2298 | | - | (a-4) The court shall recall a capias pro fine if, before |
---|
2299 | | - | the capias pro fine is executed, the defendant: |
---|
2300 | | - | (1) provides notice to the court under Article 43.035 |
---|
2301 | | - | and a hearing is set under that article; or |
---|
2302 | | - | (2) [the defendant] voluntarily appears and makes a |
---|
2303 | | - | good faith effort to resolve the capias pro fine [amount owed; and |
---|
2304 | | - | [(2) the amount owed is resolved in any manner |
---|
2305 | | - | authorized by this code]. |
---|
2306 | | - | SECTION 3.07. Article 43.091, Code of Criminal Procedure, |
---|
2307 | | - | is amended to read as follows: |
---|
2308 | | - | Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR |
---|
2309 | | - | CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A court may waive |
---|
2310 | | - | payment of all or part of a fine [or costs] imposed on a defendant if |
---|
2311 | | - | the court determines that: |
---|
2312 | | - | (1) the defendant is indigent or does not have |
---|
2313 | | - | sufficient resources or income to pay all or part of the fine [or |
---|
2314 | | - | costs] or was, at the time the offense was committed, a child as |
---|
2315 | | - | defined by Article 45.058(h); and |
---|
2316 | | - | (2) each alternative method of discharging the fine |
---|
2317 | | - | [or cost] under Article 43.09 or 42.15 would impose an undue |
---|
2318 | | - | hardship on the defendant. |
---|
2319 | | - | (b) A determination of undue hardship made under Subsection |
---|
2320 | | - | (a)(2) is in the court's discretion. In making that determination, |
---|
2321 | | - | the court may consider, as applicable, the defendant's: |
---|
2322 | | - | (1) significant physical or mental impairment or |
---|
2323 | | - | disability; |
---|
2324 | | - | (2) pregnancy and childbirth; |
---|
2325 | | - | (3) substantial family commitments or |
---|
2326 | | - | responsibilities, including child or dependent care; |
---|
2327 | | - | (4) work responsibilities and hours; |
---|
2328 | | - | (5) transportation limitations; |
---|
2329 | | - | (6) homelessness or housing insecurity; and |
---|
2330 | | - | (7) any other factor the court determines relevant. |
---|
2331 | | - | (c) A court may waive payment of all or part of the costs |
---|
2332 | | - | imposed on a defendant if the court determines that the defendant: |
---|
2333 | | - | (1) is indigent or does not have sufficient resources |
---|
2334 | | - | or income to pay all or part of the costs; or |
---|
2335 | | - | (2) was, at the time the offense was committed, a child |
---|
2336 | | - | as defined by Article 45.058(h). |
---|
2337 | | - | (d) This subsection applies only to a defendant placed on |
---|
2338 | | - | community supervision, including deferred adjudication community |
---|
2339 | | - | supervision, whose fine or costs are wholly or partly waived under |
---|
2340 | | - | this article. At any time during the defendant's period of |
---|
2341 | | - | community supervision, the court, on the court's own motion or by |
---|
2342 | | - | motion of the attorney representing the state, may reconsider the |
---|
2343 | | - | waiver of the fine or costs. After providing written notice to the |
---|
2344 | | - | defendant and an opportunity for the defendant to present |
---|
2345 | | - | information relevant to the defendant's ability to pay, the court |
---|
2346 | | - | may order the defendant to pay all or part of the waived amount of |
---|
2347 | | - | the fine or costs only if the court determines that the defendant |
---|
2348 | | - | has sufficient resources or income to pay that amount. |
---|
2349 | | - | SECTION 3.08. Subchapter A, Chapter 45, Code of Criminal |
---|
2350 | | - | Procedure, is amended by adding Article 45.004 to read as follows: |
---|
2351 | | - | Art. 45.004. GENERAL DEFINITION. In this chapter, "cost" |
---|
2352 | | - | includes any fee imposed on a defendant by the justice or judge at |
---|
2353 | | - | the time a judgment is entered. |
---|
2354 | | - | SECTION 3.09. Subchapter B, Chapter 45, Code of Criminal |
---|
2355 | | - | Procedure, is amended by adding Articles 45.0201 and 45.0445 to |
---|
2356 | | - | read as follows: |
---|
2357 | | - | Art. 45.0201. APPEARANCE BY TELEPHONE OR VIDEOCONFERENCE. |
---|
2358 | | - | If the justice or judge determines that requiring a defendant to |
---|
2359 | | - | appear before the justice or judge in person for a hearing under |
---|
2360 | | - | Article 45.0445 or 45.045 would impose an undue hardship on the |
---|
2361 | | - | defendant, the justice or judge may allow the defendant to appear by |
---|
2362 | | - | telephone or videoconference. |
---|
2363 | | - | Art. 45.0445. RECONSIDERATION OF FINE OR COSTS. (a) If |
---|
2364 | | - | the defendant notifies the justice or judge that the defendant has |
---|
2365 | | - | difficulty paying the fine and costs in compliance with the |
---|
2366 | | - | judgment, the justice or judge shall hold a hearing to determine |
---|
2367 | | - | whether the judgment imposes an undue hardship on the defendant. |
---|
2368 | | - | (b) For purposes of Subsection (a), a defendant may notify |
---|
2369 | | - | the justice or judge by: |
---|
2370 | | - | (1) voluntarily appearing and informing the justice or |
---|
2371 | | - | judge or the clerk of the court in the manner established by the |
---|
2372 | | - | justice or judge for that purpose; |
---|
2373 | | - | (2) filing a motion with the justice or judge; |
---|
2374 | | - | (3) mailing a letter to the justice or judge; or |
---|
2375 | | - | (4) any other method established by the justice or |
---|
2376 | | - | judge for that purpose. |
---|
2377 | | - | (c) If the justice or judge determines at the hearing under |
---|
2378 | | - | Subsection (a) that the judgment imposes an undue hardship on the |
---|
2379 | | - | defendant, the justice or judge shall consider whether to allow the |
---|
2380 | | - | defendant to satisfy the fine and costs through one or more methods |
---|
2381 | | - | listed under Article 45.041(a-1). |
---|
2382 | | - | (d) The justice or judge may decline to hold a hearing under |
---|
2383 | | - | Subsection (a) if the justice or judge: |
---|
2384 | | - | (1) previously held a hearing under that subsection |
---|
2385 | | - | with respect to the case and is able to determine without holding a |
---|
2386 | | - | hearing that the judgment does not impose an undue hardship on the |
---|
2387 | | - | defendant; or |
---|
2388 | | - | (2) is able to determine without holding a hearing |
---|
2389 | | - | that: |
---|
2390 | | - | (A) the judgment imposes an undue hardship on the |
---|
2391 | | - | defendant; and |
---|
2392 | | - | (B) the fine and costs should be satisfied |
---|
2393 | | - | through one or more methods listed under Article 45.041(a-1). |
---|
2394 | | - | (e) The justice or judge retains jurisdiction for the |
---|
2395 | | - | purpose of making a determination under this article. |
---|
2396 | | - | SECTION 3.10. Article 45.045(a-2), Code of Criminal |
---|
2397 | | - | Procedure, as added by Chapter 1127 (S.B. 1913), Acts of the 85th |
---|
2398 | | - | Legislature, Regular Session, 2017, is amended to read as follows: |
---|
2399 | | - | (a-2) The court may not issue a capias pro fine for the |
---|
2400 | | - | defendant's failure to satisfy the judgment according to its terms |
---|
2401 | | - | unless the court holds a hearing to determine whether the judgment |
---|
2402 | | - | imposes an undue hardship on the defendant [on the defendant's |
---|
2403 | | - | ability to satisfy the judgment] and the defendant fails to: |
---|
2404 | | - | (1) [the defendant fails to] appear at the hearing; or |
---|
2405 | | - | (2) comply with an order issued under Subsection (a-4) |
---|
2406 | | - | as a result of the hearing [based on evidence presented at the |
---|
2407 | | - | hearing, the court determines that the capias pro fine should be |
---|
2408 | | - | issued]. |
---|
2409 | | - | SECTION 3.11. Article 45.045, Code of Criminal Procedure, |
---|
2410 | | - | is amended by amending Subsection (a-3) and adding Subsections |
---|
2411 | | - | (a-4) and (a-5) to read as follows: |
---|
2412 | | - | (a-3) If the justice or judge determines at the hearing |
---|
2413 | | - | under Subsection (a-2) that the judgment imposes an undue hardship |
---|
2414 | | - | on the defendant, the justice or judge shall determine whether the |
---|
2415 | | - | fine and costs should be satisfied through one or more methods |
---|
2416 | | - | listed under Article 45.041(a-1). The justice or judge retains |
---|
2417 | | - | jurisdiction for the purpose of making a determination under this |
---|
2418 | | - | subsection. |
---|
2419 | | - | (a-4) If the justice or judge determines at the hearing |
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2420 | | - | under Subsection (a-2) that the judgment does not impose an undue |
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2421 | | - | hardship on the defendant, the justice or judge shall order the |
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2422 | | - | defendant to comply with the judgment not later than the 30th day |
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2423 | | - | after the date the determination is made. |
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2424 | | - | (a-5) The court shall recall a capias pro fine if, before |
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2425 | | - | the capias pro fine is executed, the defendant: |
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2426 | | - | (1) provides notice to the justice or judge under |
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2427 | | - | Article 45.0445 and a hearing is set under that article; or |
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2428 | | - | (2) [the defendant] voluntarily appears and makes a |
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2429 | | - | good faith effort to resolve the capias pro fine [amount owed; and |
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2430 | | - | [(2) the amount owed is resolved in any manner |
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2431 | | - | authorized by this chapter]. |
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2432 | | - | SECTION 3.12. Article 45.0491, Code of Criminal Procedure, |
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2433 | | - | is amended to read as follows: |
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2434 | | - | Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR |
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2435 | | - | CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A municipal court, |
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2436 | | - | regardless of whether the court is a court of record, or a justice |
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2437 | | - | court may waive payment of all or part of a fine [or costs] imposed |
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2438 | | - | on a defendant if the court determines that: |
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2439 | | - | (1) the defendant is indigent or does not have |
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2440 | | - | sufficient resources or income to pay all or part of the fine [or |
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2441 | | - | costs] or was, at the time the offense was committed, a child as |
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2442 | | - | defined by Article 45.058(h); and |
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2443 | | - | (2) discharging the fine [or costs] under Article |
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2444 | | - | 45.049 or as otherwise authorized by this chapter would impose an |
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2445 | | - | undue hardship on the defendant. |
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2446 | | - | (b) A defendant is presumed to be indigent or to not have |
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2447 | | - | sufficient resources or income to pay all or part of the fine or |
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2448 | | - | costs for purposes of Subsection (a) or (d) if the defendant: |
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2449 | | - | (1) is in the conservatorship of the Department of |
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2450 | | - | Family and Protective Services, or was in the conservatorship of |
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2451 | | - | that department at the time of the offense; or |
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2452 | | - | (2) is designated as a homeless child or youth or an |
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2453 | | - | unaccompanied youth, as those terms are defined by 42 U.S.C. |
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2454 | | - | Section 11434a, or was so designated at the time of the offense. |
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2455 | | - | (c) A determination of undue hardship made under Subsection |
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2456 | | - | (a)(2) is in the court's discretion. In making that determination, |
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2457 | | - | the court may consider, as applicable, the defendant's: |
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2458 | | - | (1) significant physical or mental impairment or |
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2459 | | - | disability; |
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2460 | | - | (2) pregnancy and childbirth; |
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2461 | | - | (3) substantial family commitments or |
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2462 | | - | responsibilities, including child or dependent care; |
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2463 | | - | (4) work responsibilities and hours; |
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2464 | | - | (5) transportation limitations; |
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2465 | | - | (6) homelessness or housing insecurity; and |
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2466 | | - | (7) any other factors the court determines relevant. |
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2467 | | - | (d) A municipal court, regardless of whether the court is a |
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2468 | | - | court of record, or a justice court may waive payment of all or part |
---|
2469 | | - | of the costs imposed on a defendant if the court determines that the |
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2470 | | - | defendant: |
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2471 | | - | (1) is indigent or does not have sufficient resources |
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2472 | | - | or income to pay all or part of the costs; or |
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2473 | | - | (2) was, at the time the offense was committed, a child |
---|
2474 | | - | as defined by Article 45.058(h). |
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2475 | | - | SECTION 3.13. The following provisions of the Code of |
---|
2476 | | - | Criminal Procedure are repealed: |
---|
2477 | | - | (1) Article 42.15(a-1), as added by Chapter 977 (H.B. |
---|
2478 | | - | 351), Acts of the 85th Legislature, Regular Session, 2017; |
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2479 | | - | (2) Article 43.05(a-1), as added by Chapter 977 (H.B. |
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2480 | | - | 351), Acts of the 85th Legislature, Regular Session, 2017; |
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2481 | | - | (3) Article 45.041(a-1), as added by Chapter 977 (H.B. |
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2482 | | - | 351), Acts of the 85th Legislature, Regular Session, 2017; and |
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2483 | | - | (4) Article 45.045(a-2), as added by Chapter 977 (H.B. |
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2484 | | - | 351), Acts of the 85th Legislature, Regular Session, 2017. |
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2485 | | - | SECTION 3.14. Notwithstanding Section 32, Chapter 977 (H.B. |
---|
2486 | | - | 351), and Section 28, Chapter 1127 (S.B. 1913), Acts of the 85th |
---|
2487 | | - | Legislature, Regular Session, 2017, Section 706.006, |
---|
2488 | | - | Transportation Code, as amended by those Acts, applies to any fee |
---|
2489 | | - | assessed on or after the effective date of this Act, regardless of |
---|
2490 | | - | whether the offense, complaint, citation, or other violation giving |
---|
2491 | | - | rise to the fee occurred before, on, or after the effective date of |
---|
2492 | | - | this Act. |
---|
2493 | | - | SECTION 3.15. Articles 1.053 and 45.0201, Code of Criminal |
---|
2494 | | - | Procedure, as added by this article, apply to a proceeding that |
---|
2495 | | - | commences before, on, or after the effective date of this Act. |
---|
2496 | | - | SECTION 3.16. Articles 43.035 and 45.0445, Code of Criminal |
---|
2497 | | - | Procedure, as added by this article, apply to a notification |
---|
2498 | | - | received by a court on or after the effective date of this Act, |
---|
2499 | | - | regardless of whether the judgment of conviction was entered |
---|
2500 | | - | before, on, or after the effective date of this Act. |
---|
2501 | | - | SECTION 3.17. The changes in law made by this article to |
---|
2502 | | - | Articles 43.091 and 45.0491, Code of Criminal Procedure, apply to a |
---|
2503 | | - | sentencing proceeding that commences before, on, or after the |
---|
2504 | | - | effective date of this Act. |
---|
2505 | | - | SECTION 3.18. The change in law made by this article to |
---|
2506 | | - | Articles 43.05 and 45.045, Code of Criminal Procedure, applies only |
---|
2507 | | - | to a capias pro fine issued on or after the effective date of this |
---|
2508 | | - | Act. A capias pro fine issued before the effective date of this Act |
---|
2509 | | - | is governed by the law in effect on the date the capias pro fine was |
---|
2510 | | - | issued, and the former law is continued in effect for that purpose. |
---|
2511 | | - | ARTICLE 4. REPEALERS AND CONFORMING AMENDMENTS |
---|
2512 | | - | SECTION 4.01. Section 3.506(c), Business & Commerce Code, |
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| 2221 | + | ARTICLE 3. REPEALERS AND CONFORMING AMENDMENTS |
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| 2222 | + | SECTION 3.01. Section 3.506(c), Business & Commerce Code, |
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