Texas 2019 - 86th Regular

Texas Senate Bill SB346 Compare Versions

OldNewDifferences
1-S.B. No. 346
1+86R28889 SRS-D
2+ By: Zaffirini, et al. S.B. No. 346
3+ (Leach)
4+ Substitute the following for S.B. No. 346: No.
25
36
7+ A BILL TO BE ENTITLED
48 AN ACT
59 relating to the consolidation, allocation, classification, and
610 repeal of certain criminal court costs and other court-related
711 costs, fines, and fees; imposing certain court costs and fees and
812 increasing and decreasing the amounts of certain other court costs
913 and fees.
1014 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1115 ARTICLE 1. CONSOLIDATED COURT COSTS
1216 SECTION 1.01. Section 133.001, Local Government Code, is
1317 amended to read as follows:
1418 Sec. 133.001. PURPOSE. The purpose of this chapter is to
1519 consolidate and standardize:
1620 (1) collection of fees payable to the comptroller in
1721 criminal and civil matters by:
1822 (A) an officer of a court for deposit in a county
1923 or municipal treasury; or
2024 (B) an officer of a county or municipality for
2125 deposit in the county or municipal treasury, as appropriate;
2226 (2) remittance of those fees to the comptroller as
2327 required by this chapter and other law; and
2428 (3) distribution of those fees by the comptroller to
2529 the proper accounts and funds in the state treasury.
2630 SECTION 1.02. Section 133.003, Local Government Code, is
2731 amended to read as follows:
2832 Sec. 133.003. CRIMINAL FEES. This chapter applies to the
2933 following criminal fees:
3034 (1) the consolidated fee imposed under Section
3135 133.102;
3236 (2) [the time payment fee imposed under Section
3337 133.103;
3438 [(3)] fees for services of peace officers employed by
3539 the state imposed under Article 102.011, Code of Criminal
3640 Procedure, and forwarded to the comptroller as provided by Section
3741 133.104 of this code; and
3842 (3) [(4) costs on conviction imposed in certain
3943 statutory county courts under Section 51.702, Government Code, and
4044 deposited in the judicial fund;
4145 [(5) costs on conviction imposed in certain county
4246 courts under Section 51.703, Government Code, and deposited in the
4347 judicial fund;
4448 [(6) the administrative fee for failure to appear or
4549 failure to pay or satisfy a judgment imposed under Section 706.006,
4650 Transportation Code;
4751 [(7)] fines on conviction imposed under Section
4852 621.506(g), Transportation Code[;
4953 [(8) the fee imposed under Article 102.0045, Code of
5054 Criminal Procedure;
5155 [(9) the cost on conviction imposed under Section
5256 133.105 and deposited in the judicial fund; and
5357 [(10) the cost on conviction imposed under Section
5458 133.107].
5559 SECTION 1.03. Sections 133.102(a), (c), (d), (e), and (f),
5660 Local Government Code, are amended to read as follows:
5761 (a) A person convicted of an offense shall pay as a court
5862 cost, in addition to all other costs:
5963 (1) $185 [$133] on conviction of a felony;
6064 (2) $147 [$83] on conviction of a Class A or Class B
6165 misdemeanor; or
6266 (3) $62 [$40] on conviction of a nonjailable
6367 misdemeanor offense, including a criminal violation of a municipal
6468 ordinance, other than a conviction of an offense relating to a
6569 pedestrian or the parking of a motor vehicle.
6670 (c) The money collected under this section as court costs
6771 imposed on offenses committed on or after January 1, 2020 [2004],
6872 shall be allocated according to the percentages provided in
6973 Subsection (e).
7074 (d) The money collected as court costs imposed on offenses
7175 committed before January 1, 2004, shall be distributed using
7276 historical data so that each account or fund receives the same
7377 amount of money the account or fund would have received if the court
7478 costs for the accounts and funds had been collected and reported
7579 separately. The money collected as court costs imposed on offenses
7680 committed on or after January 1, 2004, but before January 1, 2020,
7781 shall be allocated according to the percentages provided in
7882 Subsection (e), as that subsection existed and was applied on
7983 December 31, 2019.
8084 (e) The comptroller shall allocate the court costs received
8185 under this section to the following accounts and funds so that each
8286 receives to the extent practicable, utilizing historical data as
8387 applicable, the same amount of money the account or fund would have
8488 received if the court costs for the accounts and funds had been
8589 collected and reported separately, except that the account or fund
8690 may not receive less than the following percentages:
8791 (1) crime stoppers assistance account 0.2427
8892 [0.2581] percent;
8993 (2) breath alcohol testing account 0.3900
9094 [0.5507] percent;
9195 (3) Bill Blackwood Law Enforcement Management
92- Institute account 1.4741 [2.1683] percent;
96+ Institute account 1.5341 [2.1683] percent;
9397 (4) Texas Commission on Law Enforcement
94- account 3.4418
98+ account 3.5418
9599 [law enforcement officers standards and education 5.0034] percent;
96100 (5) law enforcement and custodial officer supplement
97- [supplemental] retirement trust fund 7.2674
101+ [supplemental] retirement trust fund 7.4674
98102 [11.1426] percent;
99- (6) criminal justice planning account 8.5748
103+ (6) criminal justice planning account 9.0462
100104 [12.5537] percent;
101105 (7) an account in the state treasury to be used only
102106 for the establishment and operation of the Center for the Study and
103107 Prevention of Juvenile Crime and Delinquency at Prairie View
104108 A&M University 0.8540 [1.2090] percent;
105- (8) compensation to victims of crime account 24.6704
109+ (8) compensation to victims of crime account 26.4704
106110 [fund 37.6338] percent;
107- (9) emergency radio infrastructure account 3.6913
108- [5.5904] percent;
109- (10) judicial and court personnel training
110- account3.3224 [fund 4.8362] percent;
111- (11) an account in the state treasury to be used for
112- the establishment and operation of the Correctional Management
113- Institute of Texas and Criminal Justice Center Account 0.8522
114- [1.2090] percent; [and]
115- (12) fair defense account 17.8857 [17.8448] percent;
116- (13) judicial fund 12.2667 percent;
117- (14) DNA testing account 0.1394 percent;
118- (15) specialty court account 1.0377 percent;
119- (16) statewide electronic filing system
111+ (9) [emergency radio infrastructure account 5.5904
112+ percent;
113+ [(10)] judicial and court personnel training
114+ account3.4224 [fund 4.8362] percent;
115+ (10) [(11)] an account in the state treasury to be
116+ used for the establishment and operation of the Correctional
117+ Management Institute of Texas and Criminal Justice Center
118+ Account 0.8522 [1.2090] percent; [and]
119+ (11) [(12)] fair defense account 18.0697
120+ [17.8448] percent;
121+ (12) judicial fund 13.0426 percent;
122+ (13) DNA testing account 0.1394 percent;
123+ (14) specialty court account 1.0377 percent;
124+ (15) statewide electronic filing system
120125 account 0.5485 percent;
121- (17) jury service fund 6.4090 percent;
122- (18) truancy prevention and diversion account 2.5956
126+ (16) jury service fund 6.4090 percent;
127+ (17) truancy prevention and diversion account 2.5956
123128 percent; and
124- (19) transportation administrative fee account 4.3363
125- percent.
129+ (18) transportation administrative fee
130+ account 4.3363 percent.
126131 (f) Of each dollar credited to the Texas Commission on Law
127132 Enforcement [law enforcement officers standards and education]
128133 account under Subsection (e)(4) [(e)(5)]:
129134 (1) 33.3 cents may be used only to pay administrative
130135 expenses; and
131136 (2) the remainder may be used only to pay expenses
132137 related to continuing education for persons licensed under Chapter
133138 1701, Occupations Code.
134139 SECTION 1.04. Chapter 133, Local Government Code, is
135140 amended by adding Subchapter C-1 to read as follows:
136141 SUBCHAPTER C-1. ALLOCATION AND USE OF CERTAIN CRIMINAL FEES
137142 Sec. 133.121. ALLOCATION OF FEES TO SPECIALTY COURT
138143 ACCOUNT. (a) The specialty court account is an account in the
139144 general revenue fund. The account consists of money allocated to
140145 the account under Section 133.102(e). Money in the account may be
141146 used only to fund specialty court programs established under
142147 Subtitle K, Title 2, Government Code.
143148 (b) The legislature may appropriate money from the
144149 specialty court account only to the criminal justice division of
145150 the governor's office for distribution to specialty court programs
146151 that apply for the money.
147152 Sec. 133.122. ALLOCATION OF FEES TO JURY SERVICE FUND.
148153 (a) The jury service fund is created in the state treasury. The
149154 fund consists of money allocated to the fund under Section
150155 133.102(e). Money in the fund may be appropriated only to provide
151156 juror reimbursements to counties.
152157 (b) If, at any time, the unexpended balance of the jury
153158 service fund exceeds $10 million, the comptroller shall transfer
154159 the amount in excess of $10 million to the fair defense account.
155160 Sec. 133.123. ALLOCATION OF FEES TO DNA TESTING ACCOUNT.
156161 The DNA testing account is an account in the general revenue fund.
157162 The account consists of money allocated to the account under
158163 Section 133.102(e). Money in the account may be appropriated only
159164 to the Department of Public Safety to help defray the cost of
160165 collecting or analyzing DNA samples provided by defendants who are
161166 required to pay a court cost under Section 133.102.
162167 Sec. 133.124. ALLOCATION OF FEES TO TRANSPORTATION
163168 ADMINISTRATIVE FEE ACCOUNT. The transportation administrative fee
164169 account is an account in the general revenue fund. The account
165170 consists of money allocated to the account under Section
166171 133.102(e). Money in the account may be appropriated only to the
167172 Department of Public Safety to defray the administrative costs
168173 associated with implementing Chapter 706, Transportation Code.
169174 SECTION 1.05. Subtitle C, Title 4, Local Government Code,
170175 is amended by adding Chapter 134 to read as follows:
171176 CHAPTER 134. CRIMINAL FEES PAYABLE TO LOCAL GOVERNMENT
172177 SUBCHAPTER A. GENERAL PROVISIONS
173178 Sec. 134.001. PURPOSE. The purpose of this chapter is to
174179 consolidate and standardize collection of fees payable to a local
175180 government in criminal matters by:
176181 (1) an officer of a court for deposit in a county or
177182 municipal treasury; or
178183 (2) an officer of a county or municipality for deposit
179184 in the county or municipal treasury, as appropriate.
180185 Sec. 134.002. DEFINITIONS. (a) In this chapter:
181186 (1) "Fee" means a criminal fee listed under Section
182187 134.003.
183188 (2) "Treasurer" means the custodian of money in a
184189 municipal or county treasury, as appropriate.
185190 (b) In this chapter, a person is considered to have been
186191 convicted in a case if:
187192 (1) a judgment, a sentence, or both a judgment and a
188193 sentence are imposed on the person;
189194 (2) the person receives community supervision,
190195 deferred adjudication, or deferred disposition; or
191196 (3) the court defers final disposition of the case or
192197 imposition of the judgment and sentence.
193198 Sec. 134.003. CRIMINAL FEES. This chapter applies to the
194199 criminal fees imposed under Sections 134.101, 134.102, and 134.103.
195200 SUBCHAPTER B. COLLECTION AND REMITTANCE OF LOCAL CRIMINAL FEES
196201 Sec. 134.051. COLLECTION, REMITTANCE, AND DEPOSIT OF FEES.
197202 (a) A court clerk shall collect and remit to the county or
198203 municipal treasurer, as applicable, all fees in the manner provided
199204 by this section.
200205 (b) An officer collecting a fee in a case in municipal court
201206 shall remit the money to the municipal treasurer for deposit in the
202207 municipal treasury.
203208 (c) An officer collecting a fee in a justice, county, or
204209 district court shall remit the money to the county treasurer for
205210 deposit in the county treasury.
206211 (d) A court clerk collecting a fee shall remit the money to
207212 the municipal or county treasurer, as applicable, for deposit in
208213 the municipal or county treasury, as appropriate.
209214 Sec. 134.052. ALLOCATION OF DEPOSITED FEES. (a) Money
210215 collected under Subchapter C as court costs imposed on offenses
211216 committed on or after January 1, 2020, shall be allocated according
212217 to the percentages provided by Sections 134.101, 134.102, and
213218 134.103, as applicable.
214219 (b) Money collected under Subchapter C as court costs
215220 imposed on offenses committed before January 1, 2020, shall be
216221 distributed using historical data so that each account or fund
217222 receives the same amount of money the account or fund would have
218223 received if the court costs for the accounts and funds had been
219224 collected and reported separately.
220225 SUBCHAPTER C. LOCAL CRIMINAL FEES
221226 Sec. 134.101. LOCAL CONSOLIDATED FEE ON CONVICTION OF
222227 FELONY. (a) A person convicted of a felony shall pay $105 as a
223228 court cost, in addition to all other costs, on conviction.
224229 (b) The treasurer shall allocate the court costs received
225230 under this section to the following accounts and funds so that each
226231 receives to the extent practicable, utilizing historical data as
227232 applicable, the same amount of money the account or fund would have
228233 received if the court costs for the accounts and funds had been
229234 collected and reported separately, except that the account or fund
230235 may not receive less than the following percentages:
231236 (1) the clerk of the court account 38.0953 percent;
232237 (2) the county records management and preservation
233238 fund 23.8095 percent;
234239 (3) the county jury fund 0.9524 percent;
235240 (4) the courthouse security fund 9.5238 percent;
236241 (5) the county and district court technology
237242 fund 3.8095 percent; and
238243 (6) the county specialty court account 23.8095
239244 percent.
240245 Sec. 134.102. LOCAL CONSOLIDATED FEE ON CONVICTION OF CLASS
241246 A OR B MISDEMEANOR. (a) A person convicted of a Class A or Class B
242247 misdemeanor shall pay $123 as a court cost, in addition to all other
243248 costs, on conviction.
244249 (b) The treasurer shall allocate the court costs received
245250 under this section to the following accounts and funds so that each
246251 receives to the extent practicable, utilizing historical data as
247252 applicable, the same amount of money the account or fund would have
248253 received if the court costs for the accounts and funds had been
249254 collected and reported separately, except that the account or fund
250255 may not receive less than the following percentages:
251256 (1) the clerk of the court account 32.5203 percent;
252257 (2) the county records management and preservation
253258 fund 20.3252 percent;
254259 (3) the account for prosecutor's fees 16.2602
255260 percent;
256261 (4) the county jury fund 0.8130 percent;
257262 (5) the courthouse security fund 8.1301 percent;
258263 (6) the county and district court technology
259264 fund 3.2520 percent;
260265 (7) the court reporter service fund 2.4390 percent;
261266 and
262267 (8) the county specialty court account 16.2602
263268 percent.
264269 Sec. 134.103. LOCAL CONSOLIDATED FEE ON CONVICTION OF
265270 NONJAILABLE MISDEMEANOR. (a) A person convicted of a nonjailable
266271 misdemeanor offense, including a criminal violation of a municipal
267272 ordinance, shall pay $14 as a court cost, in addition to all other
268273 costs, on conviction.
269274 (b) The treasurer shall allocate the court costs received
270275 under this section to the following accounts and funds so that each
271276 receives to the extent practicable, utilizing historical data as
272277 applicable, the same amount of money the account or fund would have
273278 received if the court costs for the accounts and funds had been
274279 collected and reported separately, except that the account or fund
275280 may not receive less than the following percentages:
276281 (1) the courthouse security fund or municipal court
277282 building security fund, as appropriate 35 percent;
278283 (2) the local truancy prevention and diversion
279284 fund 35.7143 percent;
280285 (3) the justice court technology fund or municipal
281286 court technology fund, as appropriate 28.5714 percent; and
282287 (4) the county or municipal jury fund, as
283288 appropriate0.7143 percent.
284289 SUBCHAPTER D. ALLOCATION AND USE OF CERTAIN CRIMINAL FEES
285290 Sec. 134.151. MAINTENANCE OF FUNDS AND ACCOUNTS. (a) A
286291 county or municipal treasurer, as applicable, shall maintain in the
287292 county or municipal treasury a fund or account to which money is
288293 allocated under Section 134.101, 134.102, or 134.103, to the extent
289294 that the fund or account is not required by other law. Money in an
290295 account maintained under this section may be used only for the
291296 purposes provided by this subchapter.
292297 (b) An account or fund maintained under this section in a
293298 county treasury may be administered by or at the direction of the
294299 county commissioners court.
295300 Sec. 134.152. CLERK OF THE COURT ACCOUNT. Money allocated
296301 under Section 134.101 or 134.102 to the clerk of the court account
297302 maintained in the county treasury as required by Section 134.151
298303 may be used by a county only to defray costs of services provided by
299304 a county or district clerk.
300305 Sec. 134.153. COUNTY SPECIALTY COURT ACCOUNT. Money
301306 allocated under Section 134.101 or 134.102 to the county specialty
302307 court account maintained in the county treasury as required by
303308 Section 134.151 may be used by a county only to fund specialty court
304309 programs established under Subtitle K, Title 2, Government Code.
305310 Sec. 134.154. COUNTY OR MUNICIPAL JURY FUND. Money
306311 allocated under Section 134.101, 134.102, or 134.103 to the county
307312 or municipal jury fund maintained in the county or municipal
308313 treasury, as applicable, and as required by Section 134.151 may be
309314 used by a county or municipality only to fund juror reimbursements
310315 and otherwise finance jury services.
311316 Sec. 134.155. COUNTY RECORDS MANAGEMENT AND PRESERVATION
312317 FUND. Money allocated under Section 134.101 or 134.102 to the
313318 county records management and preservation fund maintained in the
314319 county treasury as required by Section 134.151 may be used by a
315320 county only to fund records management and preservation services
316321 performed by the court clerk.
317322 Sec. 134.156. LOCAL TRUANCY PREVENTION AND DIVERSION FUND.
318323 (a) Money allocated under Section 134.103 to the local truancy
319324 prevention and diversion fund maintained in the county or municipal
320325 treasury as required by Section 134.151 may be used by a county or
321326 municipality to finance the salary, benefits, training, travel
322327 expenses, office supplies, and other necessary expenses relating to
323328 the position of a juvenile case manager employed under Article
324329 45.056, Code of Criminal Procedure. If there is money in the fund
325330 after those costs are paid, subject to the direction of the
326331 governing body of the county or municipality and on approval by the
327332 employing court, a juvenile case manager may direct the remaining
328333 money to be used to implement programs directly related to the
329334 duties of the juvenile case manager, including juvenile alcohol and
330335 substance abuse programs, educational and leadership programs, and
331336 any other projects designed to prevent or reduce the number of
332337 juvenile referrals to the court.
333338 (b) Money in the fund may not be used to supplement the
334339 income of an employee whose primary role is not that of a juvenile
335340 case manager.
336- Sec. 134.157. ACCOUNT FOR PROSECUTOR'S FEES. Money
337- allocated under Section 134.102 to the account for prosecutor's
338- fees maintained in the county treasury as required by Section
339- 134.151 may be used by a county only to defray the costs of services
340- provided by a prosecutor.
341341 SECTION 1.06. Article 102.015, Code of Criminal Procedure,
342342 is transferred to Subchapter C-1, Chapter 133, Local Government
343343 Code, as added by this article, redesignated as Section 133.125,
344344 and amended to read as follows:
345345 Sec. 133.125 [Art. 102.015]. ALLOCATION OF FEES TO [COURT
346346 COSTS:] TRUANCY PREVENTION AND DIVERSION ACCOUNT [FUND]. (a) The
347347 truancy prevention and diversion account [fund] is a dedicated
348348 account in the general revenue fund. The account consists of money
349349 allocated to the account under Section 133.102(e).
350350 (b) [A person convicted in municipal or justice court of an
351351 offense, other than an offense relating to a pedestrian or the
352352 parking of a motor vehicle, shall pay as a court cost $2 in addition
353353 to other court costs.
354354 [(c) For purposes of this article, a person is considered to
355355 have been convicted if:
356356 [(1) a sentence is imposed; or
357357 [(2) the defendant receives deferred disposition in
358358 the case.
359359 [(d) Court costs under this article are collected in the
360360 same manner as other fines or costs. An officer collecting the
361361 costs shall keep separate records of the funds collected as costs
362362 under this article and shall deposit the funds in the county
363363 treasury or municipal treasury, as applicable.
364364 [(e) The custodian of a county treasury or municipal
365365 treasury, as applicable, shall:
366366 [(1) keep records of the amount of funds on deposit
367367 collected under this article; and
368368 [(2) send to the comptroller before the last day of the
369369 first month following each calendar quarter the funds collected
370370 under this article during the preceding quarter, except that the
371371 custodian may retain 50 percent of funds collected under this
372372 article for the purpose of operating or establishing a juvenile
373373 case manager program, if the county or municipality has established
374374 or is attempting to establish a juvenile case manager program.
375375 [(f) If no funds due as costs under this article are
376376 deposited in a county treasury or municipal treasury in a calendar
377377 quarter, the custodian of the treasury shall file the report
378378 required for the quarter in the regular manner and must state that
379379 no funds were collected.
380380 [(g) The comptroller shall deposit the funds received under
381381 this article to the credit of a dedicated account in the general
382382 revenue fund to be known as the truancy prevention and diversion
383383 fund.] The legislature may appropriate money from the truancy
384384 prevention and diversion account only to the criminal justice
385385 division of the governor's office for distribution to local
386386 governmental entities for truancy prevention and intervention
387387 services.
388388 (c) [(h)] A local governmental entity may request funds
389389 from the criminal justice division of the governor's office for
390390 providing truancy prevention and intervention services. The
391391 division may award the requested funds based on the availability of
392392 appropriated funds and subject to the application procedure and
393393 eligibility requirements specified by division rule.
394394 [(i) Funds collected under this article are subject to audit
395395 by the comptroller.]
396396 SECTION 1.07. Article 102.0169, Code of Criminal Procedure,
397397 is amended to read as follows:
398398 Art. 102.0169. [COURT COSTS;] COUNTY AND DISTRICT COURT
399399 TECHNOLOGY FUND. (a) [A defendant convicted of a criminal offense
400400 in a county court, statutory county court, or district court shall
401401 pay a $4 county and district court technology fee as a cost of
402402 court.
403403 [(b) In this article, a person is considered convicted if:
404404 [(1) a sentence is imposed on the person;
405405 [(2) the person receives community supervision,
406406 including deferred adjudication; or
407407 [(3) the court defers final disposition of the
408408 person's case.
409409 [(c)] The [clerks of the courts described by Subsection (a)
410410 shall collect the costs and pay them to the county treasurer or to
411411 any other official who discharges the duties commonly delegated to
412412 the county treasurer, as appropriate, for deposit in a fund to be
413413 known as the] county and district court technology fund is a fund in
414414 the county treasury. The fund consists of money allocated to the
415415 fund under Sections 134.101 and 134.102, Local Government Code.
416416 (b) Money in the county and district court technology fund
417417 [(d) A fund designated by this article] may be used only to
418418 finance:
419419 (1) the cost of continuing education and training for
420420 county court, statutory county court, or district court judges and
421421 clerks regarding technological enhancements for those courts; and
422422 (2) the purchase and maintenance of technological
423423 enhancements for a county court, statutory county court, or
424424 district court, including:
425425 (A) computer systems;
426426 (B) computer networks;
427427 (C) computer hardware;
428428 (D) computer software;
429429 (E) imaging systems;
430430 (F) electronic kiosks; and
431431 (G) docket management systems.
432432 (c) [(e)] The county and district court technology fund
433433 shall be administered by or under the direction of the
434434 commissioners court of the county.
435435 SECTION 1.08. Article 102.017, Code of Criminal Procedure,
436436 is amended to read as follows:
437437 Art. 102.017. [COURT COSTS;] COURTHOUSE SECURITY FUND;
438438 MUNICIPAL COURT BUILDING SECURITY FUND; JUSTICE COURT BUILDING
439439 SECURITY FUND. (a) The [A defendant convicted of a felony offense
440440 in a district court shall pay a $5 security fee as a cost of court.
441441 [(b) A defendant convicted of a misdemeanor offense in a
442442 county court, county court at law, or district court shall pay a $3
443443 security fee as a cost of court. A defendant convicted of a
444444 misdemeanor offense in a justice court shall pay a $4 security fee
445445 as a cost of court. The governing body of a municipality by
446446 ordinance may create a municipal court building security fund and
447447 may require a defendant convicted of a misdemeanor offense in a
448448 municipal court to pay a $3 security fee as a cost of court.
449449 [(c) In this article, a person is considered convicted if:
450450 [(1) a sentence is imposed on the person;
451451 [(2) the person receives community supervision,
452452 including deferred adjudication; or
453453 [(3) the court defers final disposition of the
454454 person's case.
455455 [(d) Except as provided by Subsection (d-2), the clerks of
456456 the respective courts shall collect the costs and pay them to the
457457 county or municipal treasurer, as appropriate, or to any other
458458 official who discharges the duties commonly delegated to the county
459459 or municipal treasurer, as appropriate, for deposit in a fund to be
460460 known as the] courthouse security fund is a fund in the county
461461 treasury, and [or a fund to be known as] the municipal court
462462 building security fund is a fund in the municipal treasury. The
463463 funds consist of money allocated to the funds under Sections
464464 134.101, 134.102, and 134.103, Local Government Code[, as
465465 appropriate].
466466 (b) Money deposited in a courthouse security fund may be
467467 used only for security personnel, services, and items related to
468468 buildings that house the operations of district, county, or justice
469469 courts, and money deposited in a municipal court building security
470470 fund may be used only for security personnel, services, and items
471471 related to buildings that house the operations of municipal
472472 courts. For purposes of this subsection, operations of a district,
473473 county, or justice court include the activities of associate
474474 judges, masters, magistrates, referees, hearing officers, criminal
475475 law magistrate court judges, and masters in chancery appointed
476476 under:
477477 (1) Section 61.311, Alcoholic Beverage Code;
478478 (2) Section 51.04(g) or Chapter 201, Family Code;
479479 (3) Section 574.0085, Health and Safety Code;
480480 (4) Section 33.71, Tax Code;
481481 (5) Chapter 54A, Government Code; or
482482 (6) Rule 171, Texas Rules of Civil Procedure.
483483 (c) [(d-1)] For purposes of this article, the term
484484 "security personnel, services, and items" includes:
485485 (1) the purchase or repair of X-ray machines and
486486 conveying systems;
487487 (2) handheld metal detectors;
488488 (3) walkthrough metal detectors;
489489 (4) identification cards and systems;
490490 (5) electronic locking and surveillance equipment;
491491 (6) video teleconferencing systems;
492492 (7) bailiffs, deputy sheriffs, deputy constables, or
493493 contract security personnel during times when they are providing
494494 appropriate security services;
495495 (8) signage;
496496 (9) confiscated weapon inventory and tracking
497497 systems;
498498 (10) locks, chains, alarms, or similar security
499499 devices;
500500 (11) the purchase or repair of bullet-proof glass;
501501 (12) continuing education on security issues for court
502502 personnel and security personnel; and
503503 (13) warrant officers and related equipment.
504504 (d) [(d-2)(1)] This subsection applies only to a justice
505505 court located in a county in which one or more justice courts are
506506 located in a building that is not the county courthouse.
507507 [(2)] The county treasurer shall deposit one-fourth of
508508 the money allocated to the courthouse security fund under Section
509509 134.103, Local Government Code, in [cost of court collected under
510510 Subsection (b) in a justice court described by Subdivision (1)
511511 into] a fund to be known as the justice court building security
512512 fund. A fund designated by this subsection may be used only for the
513513 purpose of providing security personnel, services, and items for a
514514 justice court located in a building that is not the county
515515 courthouse.
516516 (e) The courthouse security fund and the justice court
517517 building security fund shall be administered by or under the
518518 direction of the commissioners court. The municipal court building
519519 security fund shall be administered by or under the direction of the
520520 governing body of the municipality.
521521 (f) The sheriff, constable, or other law enforcement agency
522522 or entity that provides security for a court shall provide to the
523523 Office of Court Administration of the Texas Judicial System a
524524 written report regarding any security incident involving court
525525 security that occurs in or around a building housing a court for
526526 which the sheriff, constable, agency, or entity provides security
527527 not later than the third business day after the date the incident
528528 occurred. A copy of the report must be provided to the presiding
529529 judge of the court in which the incident occurred. The report is
530530 confidential and exempt from disclosure under Chapter 552,
531531 Government Code.
532532 SECTION 1.09. Article 102.0172, Code of Criminal Procedure,
533533 is amended to read as follows:
534534 Art. 102.0172. [COURT COSTS;] MUNICIPAL COURT TECHNOLOGY
535535 FUND. (a) The [governing body of a municipality by ordinance may
536536 create a] municipal court technology fund is a fund in the municipal
537537 treasury. The fund consists of money allocated to the fund under
538538 Section 134.103, Local Government Code [and may require a defendant
539539 convicted of a misdemeanor offense in a municipal court or
540540 municipal court of record to pay a technology fee not to exceed $4
541541 as a cost of court].
542542 (b) Money in a municipal court technology fund [In this
543543 article, a person is considered convicted if:
544544 [(1) a sentence is imposed on the person;
545545 [(2) the person is placed on community supervision,
546546 including deferred adjudication community supervision; or
547547 [(3) the court defers final disposition of the
548548 person's case.
549549 [(c) The municipal court clerk shall collect the costs and
550550 pay the funds to the municipal treasurer, or to any other official
551551 who discharges the duties commonly delegated to the municipal
552552 treasurer, for deposit in a fund to be known as the municipal court
553553 technology fund.
554554 [(d) A fund designated by this article] may be used only to
555555 finance the purchase of or to maintain technological enhancements
556556 for a municipal court or municipal court of record, including:
557557 (1) computer systems;
558558 (2) computer networks;
559559 (3) computer hardware;
560560 (4) computer software;
561561 (5) imaging systems;
562562 (6) electronic kiosks;
563563 (7) electronic ticket writers; and
564564 (8) docket management systems.
565565 (c) [(e)] The municipal court technology fund shall be
566566 administered by or under the direction of the governing body of the
567567 municipality.
568568 SECTION 1.10. Article 102.0173, Code of Criminal Procedure,
569569 is amended to read as follows:
570570 Art. 102.0173. [COURT COSTS;] JUSTICE COURT TECHNOLOGY
571571 FUND. (a) The [commissioners court of a county by order shall
572572 create a] justice court technology fund is a fund in the county
573573 treasury. The fund consists of money allocated to the fund under
574574 Section 134.103, Local Government Code. [A defendant convicted of
575575 a misdemeanor offense in justice court shall pay a $4 justice court
576576 technology fee as a cost of court for deposit in the fund.]
577577 (b) Money in the justice court technology [In this article,
578578 a person is considered convicted if:
579579 [(1) a sentence is imposed on the person; or
580580 [(2) the court defers final disposition of the
581581 person's case.
582582 [(c) The justice court clerk shall collect the costs and pay
583583 the funds to the county treasurer, or to any other official who
584584 discharges the duties commonly delegated to the county treasurer,
585585 for deposit in a fund to be known as the justice court technology
586586 fund.
587587 [(d) A] fund [designated by this article] may be used only
588588 to finance:
589589 (1) the cost of continuing education and training for
590590 justice court judges and clerks regarding technological
591591 enhancements for justice courts; and
592592 (2) the purchase and maintenance of technological
593593 enhancements for a justice court, including:
594594 (A) computer systems;
595595 (B) computer networks;
596596 (C) computer hardware;
597597 (D) computer software;
598598 (E) imaging systems;
599599 (F) electronic kiosks;
600600 (G) electronic ticket writers; and
601601 (H) docket management systems.
602602 (c) [(e)] The justice court technology fund shall be
603603 administered by or under the direction of the commissioners court
604604 of the county.
605605 (d) [(f)] A justice court may, subject to the approval of
606606 the commissioners court, use a fund designated by this article to
607607 assist a constable's office or other county department with a
608608 technological enhancement, or cost related to the enhancement,
609609 described by Subsection (b)(1) [(d)(1)] or (2) if the enhancement
610610 directly relates to the operation or efficiency of the justice
611611 court. This subsection applies only to a county that:
612612 (1) has a population of 125,000 or more;
613613 (2) is not adjacent to a county of two million or more;
614614 (3) contains a portion of the Guadalupe River; and
615615 (4) contains a portion of Interstate Highway 10.
616616 SECTION 1.11. The heading to Section 51.702, Government
617617 Code, is amended to read as follows:
618618 Sec. 51.702. ADDITIONAL FEES [AND COSTS] IN STATUTORY
619619 COUNTY COURTS.
620620 SECTION 1.12. Sections 51.702(c), (d), and (e), Government
621621 Code, are amended to read as follows:
622622 (c) Fees [Court costs and fees] due under this section shall
623623 be collected in the same manner as other fees, fines, or costs are
624624 collected in the case.
625625 (d) The clerk shall deposit the fees [and costs] collected
626626 under this section to be sent to the comptroller as provided by
627627 Subchapter B, Chapter 133, Local Government Code. The comptroller
628628 shall deposit the fees in the judicial fund.
629629 (e) Section 51.320 applies to a fee [or cost] collected
630630 under this section.
631631 SECTION 1.13. The heading to Section 51.703, Government
632632 Code, is amended to read as follows:
633633 Sec. 51.703. ADDITIONAL FEES [AND COSTS] IN CERTAIN COUNTY
634634 COURTS.
635635 SECTION 1.14. Sections 51.703(c), (d), and (e), Government
636636 Code, are amended to read as follows:
637637 (c) Fees [Court costs and fees] due under this section shall
638638 be collected in the same manner as other fees, fines, or costs are
639639 collected in the case.
640640 (d) The clerk shall deposit the fees [and costs] collected
641641 under this section to be sent to the comptroller as provided by
642642 Subchapter B, Chapter 133, Local Government Code. The comptroller
643643 shall deposit the fees in the judicial fund.
644644 (e) Section 51.320 applies to a fee [or cost] collected
645645 under this section.
646646 SECTION 1.15. Sections 51.851(e), (f), (g), (i), (j), and
647647 (k), Government Code, are amended to read as follows:
648648 (e) A court may waive payment of a [court cost or] fee due
649649 under this section for an individual the court determines is
650650 indigent.
651651 (f) Fees [Court costs and fees] due under this section shall
652652 be collected in the same manner as other fees, fines, or costs in
653653 the case.
654654 (g) The clerk of a district court, a county court, a
655655 statutory county court, a statutory probate court, or a justice
656656 court shall deposit the [court costs and] fees collected under this
657657 section in the appropriate local treasury and remit the [court
658658 costs and] fees to the comptroller in the manner provided by
659659 Subchapter B, Chapter 133, Local Government Code.
660660 (i) The comptroller shall deposit the [court costs and] fees
661661 received under this section to the credit of the statewide
662662 electronic filing system fund established under Section 51.852.
663663 (j) The comptroller may audit the records of a county
664664 related to [costs and] fees collected under this section.
665665 (k) Money spent from [costs and] fees collected under this
666666 section is subject to audit by the state auditor.
667- SECTION 1.16. Section 411.402(a), Government Code, is
668- amended to read as follows:
669- (a) Fees collected under Section 133.102(e)(9)
670- [133.102(e)(11)], Local Government Code, may only:
667+ SECTION 1.16. Section 411.402, Government Code, is amended
668+ to read as follows:
669+ Sec. 411.402. USE OF REVENUE. (a) Money in the emergency
670+ radio infrastructure account [Fees collected under Section
671+ 133.102(e)(11), Local Government Code,] may only:
671672 (1) be used for the planning, development, provision,
672673 enhancement, or ongoing maintenance of an interoperable statewide
673674 emergency radio infrastructure;
674675 (2) be used in accordance with the statewide
675676 integrated public safety radio communications plan developed under
676677 Subchapter F, Chapter 421;
677678 (3) be used for the development of a regional or state
678679 interoperable radio communication system;
679680 (4) be distributed as grants by the department to:
680681 (A) regional councils of government that have
681682 entered into interlocal agreements authorized under state law; and
682683 (B) state agencies requiring emergency radio
683684 infrastructure; or
684685 (5) be used for other public safety purposes.
686+ (b) Money in the emergency radio infrastructure account
687+ [Fees collected and distributed as provided by this subchapter] may
688+ not be used to purchase or maintain radio subscriber equipment.
685689 SECTION 1.17. Section 411.403(b), Government Code, is
686690 amended to read as follows:
687691 (b) The account consists of[:
688- [(1)] fees deposited in the account as provided by
689- Section 133.102(e)(9) [133.102(e)(11)], Local Government Code[;
690- and
692+ [(1)] fees deposited in the account under [as provided
693+ by] Section 133.102 [133.102(e)(11)], Local Government Code,
694+ before January 1, 2020[; and
691695 [(2) notwithstanding Section 404.071, all interest
692696 attributable to money held in the account].
693697 SECTION 1.18. The drug court account in the general revenue
694698 fund established under Article 102.0178(g), Code of Criminal
695699 Procedure, as repealed by this Act, is redesignated as the
696700 specialty court account in the general revenue fund.
697701 SECTION 1.19. The following provisions are repealed:
698702 (1) Article 102.004, Code of Criminal Procedure;
699703 (2) Article 102.0045, Code of Criminal Procedure;
700704 (3) Article 102.005, Code of Criminal Procedure;
701705 (4) Articles 102.008(a), (c), and (d), Code of
702706 Criminal Procedure;
703707 (5) Article 102.0174, Code of Criminal Procedure;
704708 (6) Article 102.0178, Code of Criminal Procedure;
705709 (7) Article 102.020, Code of Criminal Procedure;
706710 (8) Section 21.007, Government Code;
707711 (9) Section 51.702(b), Government Code;
708712 (10) Section 51.703(b), Government Code;
709713 (11) Sections 51.851(a) and (d), Government Code;
710714 (12) Section 133.105, Local Government Code;
711715 (13) Section 133.107, Local Government Code; and
712716 (14) Sections 706.007(b), (c), and (e),
713717 Transportation Code.
714718 ARTICLE 2. FINES; REIMBURSEMENT FEES
715719 SECTION 2.01. Section 106.12(e), Alcoholic Beverage Code,
716720 is amended to read as follows:
717721 (e) The court shall charge an applicant a reimbursement fee
718722 in the amount of $30 for each application for expunction filed under
719723 this section to defray the cost of notifying state agencies of
720724 orders of expunction under this section.
721725 SECTION 2.02. Section 4, Article 17.42, Code of Criminal
722726 Procedure, is amended to read as follows:
723727 Sec. 4. (a) Except as otherwise provided by this
724728 subsection, if a court releases an accused on personal bond on the
725729 recommendation of a personal bond office, the court shall assess a
726730 personal bond reimbursement fee of $20 or three percent of the
727731 amount of the bail fixed for the accused, whichever is greater. The
728732 court may waive the fee or assess a lesser fee if good cause is
729733 shown. A court that requires a defendant to give a personal bond
730734 under Article 45.016 may not assess a personal bond fee under this
731735 subsection.
732736 (b) Reimbursement fees [Fees] collected under this article
733737 may be used solely to defray expenses of the personal bond office,
734738 including defraying the expenses of extradition.
735739 (c) Reimbursement fees [Fees] collected under this article
736740 shall be deposited in the county treasury, or if the office serves
737741 more than one county, the fees shall be apportioned to each county
738742 in the district according to each county's pro rata share of the
739743 costs of the office.
740744 SECTION 2.03. Article 17.43(b), Code of Criminal Procedure,
741745 is amended to read as follows:
742746 (b) Cost of monitoring may be assessed as reimbursement fees
743747 [court costs] or ordered paid directly by the defendant as a
744748 condition of bond.
745749 SECTION 2.04. Articles 17.44(c) and (e), Code of Criminal
746750 Procedure, are amended to read as follows:
747751 (c) The magistrate may revoke the bond and order the
748752 defendant arrested if the defendant:
749753 (1) violates a condition of home confinement and
750754 electronic monitoring;
751755 (2) refuses to submit to a test for controlled
752756 substances or submits to a test for controlled substances and the
753757 test indicates the presence of a controlled substance in the
754758 defendant's body; or
755759 (3) fails to pay the reimbursement fee for [costs of]
756760 monitoring or testing for controlled substances, if payment is
757761 ordered under Subsection (e) as a condition of bond and the
758762 magistrate determines that the defendant is not indigent and is
759763 financially able to make the payments as ordered.
760764 (e) The cost of electronic monitoring or testing for
761765 controlled substances under this article may be assessed as a
762766 reimbursement fee [court costs] or ordered paid directly by the
763767 defendant as a condition of bond.
764768 SECTION 2.05. Article 17.441(d), Code of Criminal
765769 Procedure, is amended to read as follows:
766770 (d) The magistrate may designate an appropriate agency to
767771 verify the installation of the device and to monitor the device. If
768772 the magistrate designates an agency under this subsection, in each
769773 month during which the agency verifies the installation of the
770774 device or provides a monitoring service the defendant shall pay a
771775 reimbursement fee to the designated agency in the amount set by the
772776 magistrate. The defendant shall pay the initial reimbursement fee
773777 at the time the agency verifies the installation of the device. In
774778 each subsequent month during which the defendant is required to pay
775779 a reimbursement fee the defendant shall pay the fee on the first
776780 occasion in that month that the agency provides a monitoring
777781 service. The magistrate shall set the fee in an amount not to
778782 exceed $10 as determined by the county auditor, or by the
779783 commissioners court of the county if the county does not have a
780784 county auditor, to be sufficient to cover the cost incurred by the
781785 designated agency in conducting the verification or providing the
782786 monitoring service, as applicable in that county.
783787 SECTION 2.06. Articles 17.49(b) and (h), Code of Criminal
784788 Procedure, are amended to read as follows:
785789 (b) A magistrate may require as a condition of release on
786790 bond that a defendant charged with an offense involving family
787791 violence:
788792 (1) refrain from going to or near a residence, school,
789793 place of employment, or other location, as specifically described
790794 in the bond, frequented by an alleged victim of the offense;
791795 (2) carry or wear a global positioning monitoring
792796 system device and, except as provided by Subsection (h), pay a
793797 reimbursement fee for the costs associated with operating that
794798 system in relation to the defendant; or
795799 (3) except as provided by Subsection (h), if the
796800 alleged victim of the offense consents after receiving the
797801 information described by Subsection (d), pay a reimbursement fee
798802 for the costs associated with providing the victim with an
799803 electronic receptor device that:
800804 (A) is capable of receiving the global
801805 positioning monitoring system information from the device carried
802806 or worn by the defendant; and
803807 (B) notifies the victim if the defendant is at or
804808 near a location that the defendant has been ordered to refrain from
805809 going to or near under Subdivision (1).
806810 (h) If the magistrate determines that a defendant is
807811 indigent, the magistrate may, based on a sliding scale established
808812 by local rule, require the defendant to pay a reimbursement fee
809813 [costs] under Subsection (b)(2) or (3) in an amount that is less
810814 than the full amount of the costs associated with operating the
811815 global positioning monitoring system in relation to the defendant
812816 or providing the victim with an electronic receptor device.
813817 SECTION 2.07. Articles 26.05(f) and (g), Code of Criminal
814818 Procedure, are amended to read as follows:
815819 (f) All payments made under this article shall be paid from
816820 the general fund of the county in which the prosecution was
817821 instituted or habeas corpus hearing held and may be included as
818822 reimbursement fees [costs of court].
819823 (g) If the judge determines that a defendant has financial
820824 resources that enable the defendant to offset in part or in whole
821825 the costs of the legal services provided to the defendant in
822826 accordance with Article 1.051(c) or (d), including any expenses and
823827 costs, the judge shall order the defendant to pay during the
824828 pendency of the charges or, if convicted, as a reimbursement fee
825829 [court costs] the amount that the judge finds the defendant is able
826830 to pay. The defendant may not be ordered to pay an amount that
827831 exceeds:
828832 (1) the actual costs, including any expenses and
829833 costs, paid by the county for the legal services provided by an
830834 appointed attorney; or
831835 (2) if the defendant was represented by a public
832836 defender's office, the actual amount, including any expenses and
833837 costs, that would have otherwise been paid to an appointed attorney
834838 had the county not had a public defender's office.
835839 SECTION 2.08. The heading to Article 37.073, Code of
836840 Criminal Procedure, is amended to read as follows:
837841 Art. 37.073. REPAYMENT OF REWARDS; FINES.
838842 SECTION 2.09. Article 37.073(a), Code of Criminal
839843 Procedure, is amended to read as follows:
840844 (a) After a defendant has been convicted of a felony
841845 offense, the judge may order a defendant to pay a fine repaying
842846 [repay] all or part of a reward paid by a crime stoppers
843847 organization.
844848 SECTION 2.10. Articles 42.152(a) and (b), Code of Criminal
845849 Procedure, are amended to read as follows:
846850 (a) If a judge orders a defendant to pay a fine repaying
847851 [repay] a reward or part of a reward under Article 37.073 [of this
848852 code], the court shall assess this fine [cost] against the
849853 defendant in the same manner as other fines [costs of prosecution]
850854 are assessed against a defendant. The court may order the defendant
851855 to:
852856 (1) pay the entire amount required when sentence is
853857 pronounced;
854858 (2) pay the entire amount required at a later date
855859 specified by the court; or
856860 (3) pay specified portions of the required amount at
857861 designated intervals.
858862 (b) After receiving a payment of a fine from a person
859863 ordered to make the payment under this article, the clerk of the
860864 court or fee officer shall:
861865 (1) make a record of the payment;
862866 (2) deduct a one-time $7 processing fee from the
863867 payment [reward repayment];
864868 (3) forward the payment to the designated crime
865869 stoppers organization; and
866870 (4) make a record of the forwarding of the payment.
867871 SECTION 2.11. Article 42A.301(b), Code of Criminal
868872 Procedure, is amended to read as follows:
869873 (b) Conditions of community supervision may include
870874 conditions requiring the defendant to:
871875 (1) commit no offense against the laws of this state or
872876 of any other state or of the United States;
873877 (2) avoid injurious or vicious habits;
874878 (3) avoid persons or places of disreputable or harmful
875879 character, including any person, other than a family member of the
876880 defendant, who is an active member of a criminal street gang;
877881 (4) report to the supervision officer as directed by
878882 the judge or supervision officer and obey all rules and regulations
879883 of the community supervision and corrections department;
880884 (5) permit the supervision officer to visit the
881885 defendant at the defendant's home or elsewhere;
882886 (6) work faithfully at suitable employment to the
883887 extent possible;
884888 (7) remain within a specified place;
885889 (8) pay in one or more amounts:
886890 (A) the defendant's fine, if one is assessed; and
887891 (B) all court costs, regardless of whether a fine
888892 is assessed;
889893 (9) support the defendant's dependents;
890894 (10) participate, for a period specified by the judge,
891895 in any community-based program, including a community service
892896 project under Article 42A.304;
893897 (11) if the judge determines that the defendant has
894898 financial resources that enable the defendant to offset in part or
895899 in whole the costs of the legal services provided to the defendant
896900 in accordance with Article 1.051(c) or (d), including any expenses
897901 and costs, reimburse the county in which the prosecution was
898902 instituted for the costs of the legal services in an amount that the
899903 judge finds the defendant is able to pay, except that the defendant
900904 may not be ordered to pay an amount that exceeds:
901905 (A) the actual costs, including any expenses and
902906 costs, paid by the county for the legal services provided by an
903907 appointed attorney; or
904908 (B) if the defendant was represented by a public
905909 defender's office, the actual amount, including any expenses and
906910 costs, that would have otherwise been paid to an appointed attorney
907911 had the county not had a public defender's office;
908912 (12) if under custodial supervision in a community
909913 corrections facility:
910914 (A) remain under that supervision;
911915 (B) obey all rules and regulations of the
912916 facility; and
913917 (C) pay a percentage of the defendant's income
914918 to[:
915919 [(i)] the facility for room and board; [and
916920 [(ii) the defendant's dependents for their
917921 support during the period of custodial supervision;]
918922 (13) submit to testing for alcohol or controlled
919923 substances;
920924 (14) attend counseling sessions for substance abusers
921925 or participate in substance abuse treatment services in a program
922926 or facility approved or licensed by the Department of State Health
923927 Services;
924928 (15) with the consent of the victim of a misdemeanor
925929 offense or of any offense under Title 7, Penal Code, participate in
926930 victim-defendant mediation;
927931 (16) submit to electronic monitoring;
928932 (17) reimburse the compensation to victims of crime
929933 fund for any amounts paid from that fund to or on behalf of a victim,
930934 as defined by Article 56.32, of the offense or if no reimbursement
931935 is required, make one payment to the compensation to victims of
932936 crime fund in an amount not to exceed $50 if the offense is a
933937 misdemeanor or not to exceed $100 if the offense is a felony;
934938 (18) reimburse a law enforcement agency for the
935939 analysis, storage, or disposal of raw materials, controlled
936940 substances, chemical precursors, drug paraphernalia, or other
937941 materials seized in connection with the offense;
938942 (19) reimburse [pay] all or part of the reasonable and
939943 necessary costs incurred by the victim for psychological counseling
940944 made necessary by the offense or for counseling and education
941945 relating to acquired immune deficiency syndrome or human
942946 immunodeficiency virus made necessary by the offense;
943947 (20) pay a fine [make one payment] in an amount not to
944948 exceed $50 to a crime stoppers organization, as defined by Section
945949 414.001, Government Code, and as certified by the Texas Crime
946950 Stoppers Council;
947951 (21) submit a DNA sample to the Department of Public
948952 Safety under Subchapter G, Chapter 411, Government Code, for the
949953 purpose of creating a DNA record of the defendant; and
950954 (22) in any manner required by the judge, provide in
951955 the county in which the offense was committed public notice of the
952956 offense for which the defendant was placed on community
953957 supervision[; and
954958 [(23) reimburse the county in which the prosecution
955959 was instituted for compensation paid to any interpreter in the
956960 case].
957961 SECTION 2.12. Article 42A.452, Code of Criminal Procedure,
958962 is amended to read as follows:
959963 Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR
960964 REHABILITATION. A judge who grants community supervision to a sex
961965 offender evaluated under Article 42A.258 may require the sex
962966 offender as a condition of community supervision to submit to
963967 treatment, specialized supervision, or rehabilitation according to
964968 offense-specific standards of practice adopted by the Council on
965969 Sex Offender Treatment. On a finding that the defendant is
966970 financially able to make payment, the judge shall require the
967971 defendant to pay a reimbursement fee for all or part of the
968972 reasonable and necessary costs of the treatment, supervision, or
969973 rehabilitation.
970974 SECTION 2.13. Article 42A.455, Code of Criminal Procedure,
971975 is amended to read as follows:
972976 Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER. A
973977 judge who grants community supervision to a defendant charged with
974978 or convicted of an offense under Section 21.11 or 22.011(a)(2),
975979 Penal Code, may require the defendant to pay a fine [make one
976980 payment] in an amount not to exceed $50 to a children's advocacy
977981 center established under Subchapter E, Chapter 264, Family Code.
978982 SECTION 2.14. Article 42A.504(b), Code of Criminal
979983 Procedure, is amended to read as follows:
980984 (b) If a judge grants community supervision to a defendant
981985 convicted of an offense under Title 5, Penal Code, that the court
982986 determines involves family violence, the judge shall require the
983987 defendant to pay a fine of $100 to a family violence center that:
984988 (1) receives state or federal funds; and
985989 (2) serves the county in which the court is located.
986990 SECTION 2.15. Article 42A.652, Code of Criminal Procedure,
987991 is amended to read as follows:
988992 Art. 42A.652. MONTHLY REIMBURSEMENT FEE. (a) Except as
989993 otherwise provided by this article, a judge who grants community
990994 supervision to a defendant shall set a reimbursement fee of not less
991995 than $25 and not more than $60 to be paid each month during the
992996 period of community supervision by the defendant to:
993997 (1) the court of original jurisdiction; or
994998 (2) the court accepting jurisdiction of the
995999 defendant's case, if jurisdiction is transferred under Article
9961000 42A.151.
9971001 (b) The judge may make payment of the monthly reimbursement
9981002 fee a condition of granting or continuing the community
9991003 supervision. The judge may waive or reduce the reimbursement fee or
10001004 suspend a monthly payment of the fee if the judge determines that
10011005 payment of the reimbursement fee would cause the defendant a
10021006 significant financial hardship.
10031007 (c) A court accepting jurisdiction of a defendant's case
10041008 under Article 42A.151 shall enter an order directing the defendant
10051009 to pay the monthly reimbursement fee to that court instead of to the
10061010 court of original jurisdiction. To the extent of any conflict
10071011 between an order issued under this subsection and an order issued by
10081012 a court of original jurisdiction, the order entered under this
10091013 subsection prevails.
10101014 (d) A judge who receives a defendant for supervision as
10111015 authorized by Section 510.017, Government Code, may require the
10121016 defendant to pay the reimbursement fee authorized by this article.
10131017 (e) A judge may not require a defendant to pay the
10141018 reimbursement fee under this article for any month after the period
10151019 of community supervision has been terminated by the judge under
10161020 Article 42A.701.
10171021 (f) A judge shall deposit any reimbursement fee received
10181022 under this article in the special fund of the county treasury, to be
10191023 used for the same purposes for which state aid may be used under
10201024 Chapter 76, Government Code.
10211025 SECTION 2.16. Article 42A.653, Code of Criminal Procedure,
10221026 is amended to read as follows:
10231027 Art. 42A.653. ADDITIONAL MONTHLY FINE [FEE] FOR CERTAIN SEX
10241028 OFFENDERS. (a) A judge who grants community supervision to a
10251029 defendant convicted of an offense under Section 21.08, 21.11,
10261030 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require
10271031 as a condition of community supervision that the defendant pay to
10281032 the defendant's supervision officer a community supervision fine
10291033 [fee] of $5 each month during the period of community supervision.
10301034 (b) A fine [fee] imposed under this article is in addition
10311035 to court costs or any other fee or fine imposed on the defendant.
10321036 (c) A community supervision and corrections department
10331037 shall deposit a fine [fee] collected under this article to be sent
10341038 to the comptroller as provided by Subchapter B, Chapter 133, Local
10351039 Government Code. The comptroller shall deposit the fine [fee] in
10361040 the sexual assault program fund under Section 420.008, Government
10371041 Code.
10381042 (d) If a community supervision and corrections department
10391043 does not collect a fine [fee] imposed under this article, the
10401044 department is not required to file any report required by the
10411045 comptroller that relates to the collection of the fine [fee].
10421046 SECTION 2.17. Article 45.0216(i), Code of Criminal
10431047 Procedure, is amended to read as follows:
10441048 (i) The justice or municipal court shall require a person
10451049 who requests expungement under this article to pay a reimbursement
10461050 fee in the amount of $30 to defray the cost of notifying state
10471051 agencies of orders of expungement under this article.
10481052 SECTION 2.18. Articles 45.026(a) and (b), Code of Criminal
10491053 Procedure, are amended to read as follows:
10501054 (a) A justice or municipal court may order a party who does
10511055 not waive a jury trial in a justice or municipal court and who fails
10521056 to appear for the trial to pay a reimbursement fee for the costs
10531057 incurred for impaneling the jury.
10541058 (b) The justice or municipal court may release a party from
10551059 the obligation to pay the reimbursement fee [costs] under this
10561060 section for good cause.
10571061 SECTION 2.19. Articles 45.051(a), (b), (b-2), (b-3), and
10581062 (g), Code of Criminal Procedure, are amended to read as follows:
10591063 (a) On a plea of guilty or nolo contendere by a defendant or
10601064 on a finding of guilt in a misdemeanor case punishable by fine only
10611065 and payment of all court costs, the judge may defer further
10621066 proceedings without entering an adjudication of guilt and place the
10631067 defendant on probation for a period not to exceed 180 days. In
10641068 issuing the order of deferral, the judge may impose a fine [special
10651069 expense fee] on the defendant in an amount not to exceed the amount
10661070 of the fine that could be imposed on the defendant as punishment for
10671071 the offense. The fine [special expense fee] may be collected at any
10681072 time before the date on which the period of probation ends. The
10691073 judge may elect not to impose the fine [special expense fee] for
10701074 good cause shown by the defendant. If the judge orders the
10711075 collection of a fine under this subsection [special expense fee],
10721076 the judge shall require that the amount of the fine [special expense
10731077 fee] be credited toward the payment of the amount of any [the] fine
10741078 imposed by the judge as punishment for the offense. An order of
10751079 deferral under this subsection terminates any liability under a
10761080 bond given for the charge.
10771081 (b) During the deferral period, the judge may require the
10781082 defendant to:
10791083 (1) post a bond in the amount of the fine assessed as
10801084 punishment for the offense to secure payment of the fine;
10811085 (2) pay restitution to the victim of the offense in an
10821086 amount not to exceed the fine assessed as punishment for the
10831087 offense;
10841088 (3) submit to professional counseling;
10851089 (4) submit to diagnostic testing for alcohol or a
10861090 controlled substance or drug;
10871091 (5) submit to a psychosocial assessment;
10881092 (6) participate in an alcohol or drug abuse treatment
10891093 or education program, such as:
10901094 (A) a drug education program that is designed to
10911095 educate persons on the dangers of drug abuse and is approved by the
10921096 Department of State Health Services in accordance with Section
10931097 521.374, Transportation Code; or
10941098 (B) an alcohol awareness program described by
10951099 Section 106.115, Alcoholic Beverage Code;
10961100 (7) pay as reimbursement fees the costs of any
10971101 diagnostic testing, psychosocial assessment, or participation in a
10981102 treatment or education program either directly or through the court
10991103 as court costs;
11001104 (8) complete a driving safety course approved under
11011105 Chapter 1001, Education Code, or another course as directed by the
11021106 judge;
11031107 (9) present to the court satisfactory evidence that
11041108 the defendant has complied with each requirement imposed by the
11051109 judge under this article; and
11061110 (10) comply with any other reasonable condition.
11071111 (b-2) A person examined as required by Subsection (b-1)(3)
11081112 must pay a $10 reimbursement fee for the examination [fee].
11091113 (b-3) The reimbursement fee collected under Subsection
11101114 (b-2) must be deposited to the credit of a special account in the
11111115 general revenue fund and may be used only by the Department of
11121116 Public Safety for the administration of Chapter 521, Transportation
11131117 Code.
11141118 (g) If a judge requires a defendant under Subsection (b) to
11151119 attend an alcohol awareness program or drug education program as
11161120 described by Subdivision (6) of that subsection, unless the judge
11171121 determines that the defendant is indigent and unable to pay the
11181122 cost, the judge shall require the defendant to pay a reimbursement
11191123 fee for the cost of attending the program. The judge may allow the
11201124 defendant to pay the fee [cost of attending the program] in
11211125 installments during the deferral period.
11221126 SECTION 2.20. Article 45.051(a-1), Code of Criminal
11231127 Procedure, as amended by Chapters 227 (H.B. 350) and 777
11241128 (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011,
11251129 is reenacted and amended to read as follows:
11261130 (a-1) Notwithstanding any other provision of law, as an
11271131 alternative to requiring a defendant charged with one or more
1128- offenses to make payment of all fines and court costs as required by
1132+ offenses to make payment of all fines [court costs] as required by
11291133 Subsection (a), the judge may:
11301134 (1) allow the defendant to enter into an agreement for
1131- payment of those fines and costs in installments during the
1135+ payment of those fines [costs] in installments during the
11321136 defendant's period of probation;
11331137 (2) require an eligible defendant to discharge all or
1134- part of those fines and costs by performing community service or
1138+ part of those fines [costs] by performing community service or
11351139 attending a tutoring program under Article 45.049 or under Article
11361140 45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd
1137- Legislature, Regular Session, 2011; [or]
1138- (3) waive all or part of those fines and costs under
1139- Article 45.0491; or
1140- (4) take any combination of actions authorized by
1141- Subdivision (1), [or] (2), or (3).
1141+ Legislature, Regular Session, 2011; or
1142+ (3) take any combination of actions authorized by
1143+ Subdivision (1) or (2).
11421144 SECTION 2.21. Articles 45.0511(c-1), (f), (g), and (h),
11431145 Code of Criminal Procedure, are amended to read as follows:
11441146 (c-1) In this subsection, "state electronic Internet
11451147 portal" has the meaning assigned by Section 2054.003, Government
11461148 Code. As an alternative to receiving the defendant's driving
11471149 record under Subsection (c)(2), the judge, at the time the
11481150 defendant requests a driving safety course or motorcycle operator
11491151 training course dismissal under this article, may require the
11501152 defendant to pay a reimbursement fee in an amount equal to the sum
11511153 of the amount of the fee established by Section 521.048,
11521154 Transportation Code, and the state electronic Internet portal fee
11531155 and, using the state electronic Internet portal, may request the
11541156 Texas Department of Public Safety to provide the judge with a copy
11551157 of the defendant's driving record that shows the information
11561158 described by Section 521.047(b), Transportation Code. As soon as
11571159 practicable and using the state electronic Internet portal, the
11581160 Texas Department of Public Safety shall provide the judge with the
11591161 requested copy of the defendant's driving record. The
11601162 reimbursement fee authorized by this subsection is in addition to
11611163 any other fee required under this article. If the copy of the
11621164 defendant's driving record provided to the judge under this
11631165 subsection shows that the defendant has not completed an approved
11641166 driving safety course or motorcycle operator training course, as
11651167 appropriate, within the 12 months preceding the date of the
11661168 offense, the judge shall allow the defendant to complete the
11671169 appropriate course as provided by this article. The custodian of a
11681170 municipal or county treasury who receives reimbursement fees
11691171 collected under this subsection shall keep a record of the fees and,
11701172 without deduction or proration, forward the fees to the
11711173 comptroller, with and in the manner required for other fees and
11721174 costs received in connection with criminal cases. The comptroller
11731175 shall credit fees received under this subsection to the Texas
11741176 Department of Public Safety.
11751177 (f) In addition to court costs and fees authorized or
11761178 imposed by a law of this state and applicable to the offense, the
11771179 court may:
11781180 (1) require a defendant requesting a course under
11791181 Subsection (b) to pay a reimbursement [an administrative] fee [set
11801182 by the court] to cover the cost of administering this article in
11811183 [at] an amount of not more than $10; or
11821184 (2) require a defendant requesting a course under
11831185 Subsection (d) to pay a fine [fee] set by the court at an amount not
11841186 to exceed the maximum amount of the fine for the offense committed
11851187 by the defendant.
11861188 (g) A defendant who requests but does not take a course is
11871189 not entitled to a refund of the reimbursement fee or fine assessed
11881190 under Subsection (f).
11891191 (h) Money [Fees] collected by a municipal court shall be
11901192 deposited in the municipal treasury. Money [Fees] collected by
11911193 another court shall be deposited in the county treasury of the
11921194 county in which the court is located.
11931195 SECTION 2.22. Articles 45.052(e), (g), and (i), Code of
11941196 Criminal Procedure, are amended to read as follows:
11951197 (e) The justice or municipal court may require a person who
11961198 requests a teen court program to pay a reimbursement fee not to
11971199 exceed $10 that is set by the court to cover the costs of
11981200 administering this article. Reimbursement fees [Fees] collected by
11991201 a municipal court shall be deposited in the municipal treasury.
12001202 Reimbursement fees [Fees] collected by a justice court shall be
12011203 deposited in the county treasury of the county in which the court is
12021204 located. A person who requests a teen court program and fails to
12031205 complete the program is not entitled to a refund of the fee.
12041206 (g) In addition to the reimbursement fee authorized by
12051207 Subsection (e) [of this article], the court may require a child who
12061208 requests a teen court program to pay a $10 reimbursement fee to
12071209 cover the cost to the teen court for performing its duties under
12081210 this article. The court shall pay the fee to the teen court
12091211 program, and the teen court program must account to the court for
12101212 the receipt and disbursal of the fee. A child who pays a fee under
12111213 this subsection is not entitled to a refund of the fee, regardless
12121214 of whether the child successfully completes the teen court program.
12131215 (i) Notwithstanding Subsection (e) or (g), a justice or
12141216 municipal court that is located in the Texas-Louisiana border
12151217 region, as defined by Section 2056.002, Government Code, may charge
12161218 a reimbursement fee of $20 under those subsections.
12171219 SECTION 2.23. The heading to Article 45.203, Code of
12181220 Criminal Procedure, is amended to read as follows:
12191221 Art. 45.203. COLLECTION OF FINES AND[,] COSTS[, AND SPECIAL
12201222 EXPENSES].
12211223 SECTION 2.24. Article 45.203(c), Code of Criminal
12221224 Procedure, is amended to read as follows:
12231225 (c) The governing body of each municipality may prescribe by
12241226 ordinance the collection, after due notice, of a fine [special
12251227 expense,] not to exceed $25 for [the issuance and service of a
12261228 warrant of arrest for] an offense under Section 38.10(e) [38.10],
12271229 Penal Code, or Section 543.009, Transportation Code. Money
12281230 collected from the fine [special expense] shall be paid into the
12291231 municipal treasury for the use and benefit of the municipality.
12301232 SECTION 2.25. The heading to Article 102.001, Code of
12311233 Criminal Procedure, is amended to read as follows:
12321234 Art. 102.001. REIMBURSEMENT FEES FOR SERVICES OF PEACE
12331235 OFFICERS.
12341236 SECTION 2.26. Article 102.001(b), Code of Criminal
12351237 Procedure, is amended to read as follows:
12361238 (b) A [In addition to fees provided by Subsection (a), a]
12371239 defendant required to pay reimbursement fees under this article
12381240 shall [also] pay 15 cents per mile for mileage required of an
12391241 officer to perform a service listed in this subsection and to return
12401242 from performing that service. If the service provided is the
12411243 execution of a writ and the writ is directed to two or more persons
12421244 or the officer executes more than one writ in a case, the defendant
12431245 is required to pay only mileage actually and necessarily traveled.
12441246 In calculating mileage, the officer must use the railroad or the
12451247 most practical route by private conveyance. This subsection
12461248 applies to:
12471249 (1) conveying a prisoner after conviction to the
12481250 county jail;
12491251 (2) conveying a prisoner arrested on a warrant or
12501252 capias issued in another county to the court or jail of the county
12511253 in which the warrant or capias was issued; and
12521254 (3) traveling to execute criminal process, to summon
12531255 or attach a witness, and to execute process not otherwise described
12541256 by this article.
12551257 SECTION 2.27. Article 102.007, Code of Criminal Procedure,
12561258 is amended to read as follows:
12571259 Art. 102.007. REIMBURSEMENT FEE FOR COLLECTING AND
12581260 PROCESSING CHECK OR SIMILAR SIGHT ORDER. (a) A county attorney,
12591261 district attorney, or criminal district attorney may collect a
12601262 reimbursement fee if the attorney's office collects and processes a
12611263 check or similar sight order, as defined by Section 1.07, Penal
12621264 Code, and [if] the check or similar sight order:
12631265 (1) has been issued or passed in a manner that makes
12641266 the issuance or passing an offense under:
12651267 (A) Section 31.03, Penal Code;
12661268 (B) Section 31.04, Penal Code; or
12671269 (C) Section 32.41, Penal Code; or
12681270 (2) has been forged, as defined by Section 32.21,
12691271 Penal Code.
12701272 (b) The county attorney, district attorney, or criminal
12711273 district attorney may collect the reimbursement fee from any person
12721274 who is a party to the offense described in Subsection (a).
12731275 (c) The amount of the reimbursement fee may not exceed:
12741276 (1) $10 if the face amount of the check or sight order
12751277 does not exceed $10;
12761278 (2) $15 if the face amount of the check or sight order
12771279 is greater than $10 but does not exceed $100;
12781280 (3) $30 if the face amount of the check or sight order
12791281 is greater than $100 but does not exceed $300;
12801282 (4) $50 if the face amount of the check or sight order
12811283 is greater than $300 but does not exceed $500; and
12821284 (5) $75 if the face amount of the check or sight order
12831285 is greater than $500.
12841286 (d) If the person from whom the reimbursement fee is
12851287 collected was a party to the offense of forgery, as defined by
12861288 Section 32.21, Penal Code, committed by altering the face amount of
12871289 the check or sight order, the face amount as altered governs for the
12881290 purposes of determining the amount of the fee.
12891291 (e) In addition to the reimbursement [collection] fee
12901292 specified in Subsection (c), the county attorney, district
12911293 attorney, or criminal district attorney may collect the fee
12921294 authorized by Section 3.506, Business & Commerce Code, for the
12931295 benefit of the holder of a check or similar sight order or the
12941296 holder's assignee, agent, representative, or any other person
12951297 retained by the holder to seek collection of the check or order.
12961298 (f) Reimbursement fees [Fees] collected under Subsection
12971299 (c) [of this article] shall be deposited in the county treasury in a
12981300 special fund to be administered by the county attorney, district
12991301 attorney, or criminal district attorney. Expenditures from this
13001302 fund shall be at the sole discretion of the attorney and may be used
13011303 only to defray the salaries and expenses of the prosecutor's
13021304 office, but in no event may the county attorney, district attorney,
13031305 or criminal district attorney supplement his or her own salary from
13041306 this fund.
13051307 (g) In addition to the reimbursement [collection] fee
13061308 specified in Subsections (b) and (c), the issuer of a check or
13071309 similar sight order that has been issued or passed as described by
13081310 Subsection (a)(1) is liable for a reimbursement fee in an amount
13091311 equal to the costs of delivering notification by registered or
13101312 certified mail with return receipt requested. The reimbursement
13111313 fee under this subsection must be collected in all cases described
13121314 by Subsection (a)(1), and on receipt of proof of the actual costs
13131315 expended, the fee shall be remitted to the holder of the check or
13141316 similar sight order.
13151317 SECTION 2.28. The heading to Article 102.011, Code of
13161318 Criminal Procedure, is amended to read as follows:
13171319 Art. 102.011. REIMBURSEMENT FEES FOR SERVICES OF PEACE
13181320 OFFICERS.
13191321 SECTION 2.29. Articles 102.011(a), (b), (c), (d), (e), and
13201322 (i), Code of Criminal Procedure, are amended to read as follows:
13211323 (a) A defendant convicted of a felony or a misdemeanor shall
13221324 pay the following reimbursement fees for services performed in the
13231325 case by a peace officer:
13241326 (1) $5 for issuing a written notice to appear in court
13251327 following the defendant's violation of a traffic law, municipal
13261328 ordinance, or penal law of this state, or for making an arrest
13271329 without a warrant;
13281330 (2) $50 for executing or processing an issued arrest
13291331 warrant, capias, or capias pro fine, with the fee imposed for the
13301332 services of:
13311333 (A) the law enforcement agency that executed the
13321334 arrest warrant or capias, if the agency requests of the court, not
13331335 later than the 15th day after the date of the execution of the
13341336 arrest warrant or capias, the imposition of the fee on conviction;
13351337 or
13361338 (B) the law enforcement agency that processed the
13371339 arrest warrant or capias, if:
13381340 (i) the arrest warrant or capias was not
13391341 executed; or
13401342 (ii) the executing law enforcement agency
13411343 failed to request the fee within the period required by Paragraph
13421344 (A) [of this subdivision];
13431345 (3) $5 for summoning a witness;
13441346 (4) $35 for serving a writ not otherwise listed in this
13451347 article;
13461348 (5) $10 for taking and approving a bond and, if
13471349 necessary, returning the bond to the courthouse;
13481350 (6) $5 for commitment or release;
13491351 (7) $5 for summoning a jury, if a jury is summoned; and
13501352 (8) $8 for each day's attendance of a prisoner in a
13511353 habeas corpus case if the prisoner has been remanded to custody or
13521354 held to bail.
13531355 (b) In addition to the reimbursement fees provided by
13541356 Subsection (a) [of this article], a defendant required to pay
13551357 reimbursement fees under this article shall also pay 29 cents per
13561358 mile for mileage required of an officer to perform a service listed
13571359 in this subsection and to return from performing that service. If
13581360 the service provided is the execution of a writ and the writ is
13591361 directed to two or more persons or the officer executes more than
13601362 one writ in a case, the defendant is required to pay only mileage
13611363 actually and necessarily traveled. In calculating mileage, the
13621364 officer must use the railroad or the most practical route by private
13631365 conveyance. The defendant shall also pay all necessary and
13641366 reasonable expenses for meals and lodging incurred by the officer
13651367 in the performance of services under this subsection, to the extent
13661368 such expenses meet the requirements of Section 611.001, Government
13671369 Code. This subsection applies to:
13681370 (1) conveying a prisoner after conviction to the
13691371 county jail;
13701372 (2) conveying a prisoner arrested on a warrant or
13711373 capias issued in another county to the court or jail of the county;
13721374 and
13731375 (3) traveling to execute criminal process, to summon
13741376 or attach a witness, and to execute process not otherwise described
13751377 by this article.
13761378 (c) If an officer attaches a witness on the order of a court
13771379 outside the county, the defendant shall pay a reimbursement fee of
13781380 $10 per day or part of a day spent by the officer conveying the
13791381 witness and actual necessary expenses for travel by the most
13801382 practical public conveyance. In order to receive expenses under
13811383 this subsection, the officer must make a sworn statement of the
13821384 expenses and the judge issuing the attachment must approve the
13831385 statement.
13841386 (d) A defendant shall pay for the services of a sheriff or
13851387 constable who serves process and attends an examining trial in a
13861388 felony or a misdemeanor case the same reimbursement fees allowed
13871389 for those services in the trial of a felony or a misdemeanor, not to
13881390 exceed $5.
13891391 (e) A reimbursement fee under Subsection (a)(1) or (2)
13901392 [(a)(2) of this article] shall be assessed on conviction,
13911393 regardless of whether the defendant was also arrested at the same
13921394 time for another offense, and shall be assessed for each arrest made
13931395 of a defendant arising out of the offense for which the defendant
13941396 has been convicted.
13951397 (i) In addition to reimbursement fees provided by
13961398 Subsections (a) through (e) [(g) of this article], a defendant
13971399 required to pay reimbursement fees under this article shall also
13981400 pay the costs of overtime paid to a peace officer for time spent
13991401 testifying in the trial of the case or for traveling to or from
14001402 testifying in the trial of the case.
14011403 SECTION 2.30. Article 102.012, Code of Criminal Procedure,
14021404 is amended to read as follows:
14031405 Art. 102.012. REIMBURSEMENT FEES FOR PRETRIAL INTERVENTION
14041406 PROGRAMS. (a) A court that authorizes a defendant to participate
14051407 in a pretrial intervention program established under Section
14061408 76.011, Government Code, may order the defendant to pay to the court
14071409 a supervision reimbursement fee in an amount not more than $60 per
14081410 month as a condition of participating in the program.
14091411 (b) In addition to or in lieu of the supervision
14101412 reimbursement fee authorized by Subsection (a), the court may order
14111413 the defendant to pay or reimburse a community supervision and
14121414 corrections department for any other expense that is:
14131415 (1) incurred as a result of the defendant's
14141416 participation in the pretrial intervention program, other than an
14151417 expense described by Article 102.0121; or
14161418 (2) necessary to the defendant's successful completion
14171419 of the program.
14181420 SECTION 2.31. Article 102.0121, Code of Criminal Procedure,
14191421 is amended to read as follows:
14201422 Art. 102.0121. REIMBURSEMENT FEES FOR CERTAIN EXPENSES
14211423 RELATED TO PRETRIAL INTERVENTION PROGRAMS. (a) A district
14221424 attorney, criminal district attorney, or county attorney may
14231425 collect a reimbursement fee in an amount not to exceed $500 to be
14241426 used to reimburse a county for expenses, including expenses of the
14251427 district attorney's, criminal district attorney's, or county
14261428 attorney's office, related to a defendant's participation in a
14271429 pretrial intervention program offered in that county.
14281430 (b) The district attorney, criminal district attorney, or
14291431 county attorney may collect the reimbursement fee from any
14301432 defendant who participates in a pretrial intervention program
14311433 administered in any part by the attorney's office.
14321434 (c) Reimbursement fees [Fees] collected under this article
14331435 shall be deposited in the county treasury in a special fund to be
14341436 used solely to administer the pretrial intervention program. An
14351437 expenditure from the fund may be made only in accordance with a
14361438 budget approved by the commissioners court.
14371439 SECTION 2.32. The heading to Article 102.014, Code of
14381440 Criminal Procedure, is amended to read as follows:
14391441 Art. 102.014. FINES [COURT COSTS] FOR CHILD SAFETY FUND IN
14401442 MUNICIPALITIES.
14411443 SECTION 2.33. Articles 102.014(a), (b), (c), (d), (f), (g),
14421444 and (h), Code of Criminal Procedure, are amended to read as follows:
14431445 (a) The governing body of a municipality with a population
14441446 greater than 850,000 according to the most recent federal decennial
14451447 census that has adopted an ordinance, regulation, or order
14461448 regulating the stopping, standing, or parking of vehicles as
14471449 allowed by Section 542.202, Transportation Code, or Chapter 682,
14481450 Transportation Code, shall by order assess [a court cost] on each
14491451 parking violation a fine of not less than $2 and not to exceed $5.
14501452 [The court costs under this subsection shall be collected in the
14511453 same manner that other fines in the case are collected.]
14521454 (b) The governing body of a municipality with a population
14531455 less than 850,000 according to the most recent federal decennial
14541456 census that has adopted an ordinance, regulation, or order
14551457 regulating the stopping, standing, or parking of vehicles as
14561458 allowed by Section 542.202, Transportation Code, or Chapter 682,
14571459 Transportation Code, may by order assess [a court cost] on each
14581460 parking violation a fine not to exceed $5. [The additional court
14591461 cost under this subsection shall be collected in the same manner
14601462 that other fines in the case are collected.]
14611463 (c) A person convicted of an offense under Subtitle C, Title
14621464 7, Transportation Code, when the offense occurs within a school
14631465 crossing zone as defined by Section 541.302 of that code, shall pay
14641466 a fine of [as court costs] $25 [in addition to other taxable court
14651467 costs]. A person convicted of an offense under Section 545.066,
14661468 Transportation Code, shall pay a fine of [as court costs] $25 in
14671469 addition to other taxable court costs. A fine [The additional court
14681470 costs] under this subsection [shall be collected in the same manner
14691471 that other fines and taxable court costs in the case are collected
14701472 and] shall be assessed only in a municipality.
14711473 (d) A person convicted of an offense under Section 25.093,
14721474 Education Code, shall pay a fine of [as taxable court costs] $20 [in
14731475 addition to other taxable court costs. The additional court costs
14741476 under this subsection shall be collected in the same manner that
14751477 other fines and taxable court costs in the case are collected].
14761478 (f) In a municipality with a population greater than 850,000
14771479 according to the most recent federal decennial census, the officer
14781480 collecting a fine [the costs] in a municipal court case shall
14791481 deposit money collected under this article in the municipal child
14801482 safety trust fund established as required by Chapter 106, Local
14811483 Government Code.
14821484 (g) In a municipality with a population less than 850,000
14831485 according to the most recent federal decennial census, the money
14841486 collected under this article in a municipal court case must be used
14851487 for a school crossing guard program if the municipality operates
14861488 one. If the municipality does not operate a school crossing guard
14871489 program or if the money received from fines [court costs] from
14881490 municipal court cases exceeds the amount necessary to fund the
14891491 school crossing guard program, the municipality may:
14901492 (1) deposit the additional money in an
14911493 interest-bearing account;
14921494 (2) expend the additional money for programs designed
14931495 to enhance child safety, health, or nutrition, including child
14941496 abuse prevention and intervention and drug and alcohol abuse
14951497 prevention; or
14961498 (3) expend the additional money for programs designed
14971499 to enhance public safety and security.
14981500 (h) Money collected under this article in a justice, county,
14991501 or district court shall be used to fund school crossing guard
15001502 programs in the county where they are collected. If the county does
15011503 not operate a school crossing guard program, the county may:
15021504 (1) remit fine [fee] revenues to school districts in
15031505 its jurisdiction for the purpose of providing school crossing guard
15041506 services;
15051507 (2) fund programs the county is authorized by law to
15061508 provide which are designed to enhance child safety, health, or
15071509 nutrition, including child abuse prevention and intervention and
15081510 drug and alcohol abuse prevention;
15091511 (3) provide funding to the sheriff's department for
15101512 school-related activities;
15111513 (4) provide funding to the county juvenile probation
15121514 department; or
15131515 (5) deposit the money in the general fund of the
15141516 county.
15151517 SECTION 2.34. The heading to Article 102.0171, Code of
15161518 Criminal Procedure, is amended to read as follows:
15171519 Art. 102.0171. FINES [COURT COSTS]: JUVENILE DELINQUENCY
15181520 PREVENTION FUNDS.
15191521 SECTION 2.35. Articles 102.0171(a) and (c), Code of
15201522 Criminal Procedure, are amended to read as follows:
15211523 (a) A defendant convicted of an offense under Section 28.08,
15221524 Penal Code, in a county court, county court at law, or district
15231525 court shall pay a fine of $50 for juvenile delinquency prevention
15241526 and graffiti eradication [fee as a cost of court].
15251527 (c) The clerks of the respective courts shall collect the
15261528 fines [costs] and pay the fines [them] to the county treasurer or to
15271529 any other official who discharges the duties commonly delegated to
15281530 the county treasurer for deposit in a fund to be known as the county
15291531 juvenile delinquency prevention fund. A fund designated by this
15301532 subsection may be used only to:
15311533 (1) repair damage caused by the commission of offenses
15321534 under Section 28.08, Penal Code;
15331535 (2) provide educational and intervention programs and
15341536 materials, including printed educational materials for
15351537 distribution to primary and secondary school students, designed to
15361538 prevent individuals from committing offenses under Section 28.08,
15371539 Penal Code;
15381540 (3) provide to the public rewards for identifying and
15391541 aiding in the apprehension and prosecution of offenders who commit
15401542 offenses under Section 28.08, Penal Code;
15411543 (4) provide funding for teen recognition and teen
15421544 recreation programs;
15431545 (5) provide funding for local teen court programs;
15441546 (6) provide funding for the local juvenile probation
15451547 department; and
15461548 (7) provide educational and intervention programs
15471549 designed to prevent juveniles from engaging in delinquent conduct.
15481550 SECTION 2.36. The heading to Article 102.018, Code of
15491551 Criminal Procedure, is amended to read as follows:
15501552 Art. 102.018. REIMBURSEMENT FEES AND EXPENSES [COSTS]
15511553 ATTENDANT TO INTOXICATION CONVICTIONS.
15521554 SECTION 2.37. Articles 102.018(a) and (b), Code of Criminal
15531555 Procedure, are amended to read as follows:
15541556 (a) Except as provided by Subsection (d) [of this article],
15551557 on conviction of an offense relating to the driving or operating of
15561558 a motor vehicle under Section 49.04, Penal Code, the court shall
15571559 impose a reimbursement fee [cost] of $15 on a defendant if,
15581560 subsequent to the arrest of the defendant, a law enforcement agency
15591561 visually recorded the defendant with an electronic device.
15601562 Reimbursement fees [Costs] imposed under this subsection are in
15611563 addition to other court costs or fees and are due whether or not the
15621564 defendant is granted probation in the case. The court shall collect
15631565 the reimbursement fees [costs] in the same manner as other fees
15641566 [costs] are collected in the case.
15651567 (b) Except as provided by Subsection (d), on conviction of
15661568 an offense relating to the driving or operating of a motor vehicle
15671569 punishable under Section 49.04(b), Penal Code, the court shall
15681570 impose as a reimbursement fee [cost of court] on the defendant an
15691571 amount that is equal to the reimbursement fee [cost] of an
15701572 evaluation of the defendant performed under Article 42A.402(a).
15711573 Reimbursement fees [Costs] imposed under this subsection are in
15721574 addition to other court costs and are due whether or not the
15731575 defendant is granted community supervision in the case, except that
15741576 if the court determines that the defendant is indigent and unable to
15751577 pay the fee [cost], the court may waive the imposition of the fee
15761578 [cost].
15771579 SECTION 2.38. Article 102.0185, Code of Criminal Procedure,
15781580 is amended to read as follows:
15791581 Art. 102.0185. FINE FOR [ADDITIONAL COSTS ATTENDANT TO]
15801582 INTOXICATION CONVICTIONS: EMERGENCY MEDICAL SERVICES, TRAUMA
15811583 FACILITIES, AND TRAUMA CARE SYSTEMS. (a) In addition to the
15821584 reimbursement fee [costs on conviction] imposed by Article
15831585 [Articles 102.016 and] 102.018, a person convicted of an offense
15841586 under Chapter 49, Penal Code, except for Sections 49.02 and 49.031
15851587 of that code, shall pay a fine of $100 on conviction of the offense.
15861588 (b) Fines [Costs] imposed under this article are imposed
15871589 without regard to whether the defendant is placed on community
15881590 supervision after being convicted of the offense or receives
15891591 deferred disposition or deferred adjudication for the offense.
15901592 (c) Fines [Costs] imposed under this article are collected
15911593 in the manner provided for the collection of court costs by
15921594 Subchapter B, Chapter 133, Local Government Code.
15931595 (d) The officer collecting the fines [costs] under this
15941596 article shall keep separate records of the money collected and
15951597 shall pay the money to the custodian of the municipal or county
15961598 treasury.
15971599 (e) The custodian of the municipal or county treasury shall:
15981600 (1) keep records of the amount of money collected
15991601 under this article that is deposited with the treasury under this
16001602 article; and
16011603 (2) not later than the last day of the first month
16021604 following each calendar quarter:
16031605 (A) pay the money collected under this article
16041606 during the preceding calendar quarter to the comptroller; or
16051607 (B) if, in the calendar quarter, the custodian of
16061608 the municipal or county treasury did not receive any money
16071609 attributable to fines [costs] paid under this article, file a
16081610 report with the comptroller stating that fact.
16091611 (f) The comptroller shall deposit the funds received under
16101612 this article to the credit of the account established under Section
16111613 773.006, Health and Safety Code.
16121614 SECTION 2.39. The heading to Article 102.0186, Code of
16131615 Criminal Procedure, is amended to read as follows:
16141616 Art. 102.0186. FINE FOR [ADDITIONAL COSTS ATTENDANT TO]
16151617 CERTAIN CHILD SEXUAL ASSAULT AND RELATED CONVICTIONS.
16161618 SECTION 2.40. Articles 102.0186(a), (b), and (c), Code of
16171619 Criminal Procedure, are amended to read as follows:
16181620 (a) A person convicted of an offense under Section 21.02,
16191621 21.11, 22.011(a)(2), 22.021(a)(1)(B), 43.25, 43.251, or 43.26,
16201622 Penal Code, shall pay a fine of $100 on conviction of the offense.
16211623 (b) A fine [Costs] imposed under this article is [are]
16221624 imposed without regard to whether the defendant is placed on
16231625 community supervision after being convicted of the offense or
16241626 receives deferred adjudication for the offense.
16251627 (c) The clerks of the respective courts shall collect the
16261628 fines [costs] and pay the fines [them] to the county treasurer or to
16271629 any other official who discharges the duties commonly delegated to
16281630 the county treasurer for deposit in a fund to be known as the county
16291631 child abuse prevention fund. A fund designated by this subsection
16301632 may be used only to fund child abuse prevention programs in the
16311633 county where the court is located.
16321634 SECTION 2.41. Article 104.002(d), Code of Criminal
16331635 Procedure, is amended to read as follows:
16341636 (d) A person who is or was a prisoner in a county jail and
16351637 received medical, dental, or health related services from a county
16361638 or a hospital district shall be required to pay a reimbursement fee
16371639 for such services when they are rendered. If such prisoner is an
16381640 eligible county resident as defined in Section 61.002, Health and
16391641 Safety Code, the county or hospital district providing the services
16401642 has a right of subrogation to the prisoner's right of recovery from
16411643 any source, limited to the cost of services provided. A prisoner,
16421644 unless the prisoner fully pays for the cost of services received,
16431645 shall remain obligated to reimburse the county or hospital district
16441646 for any medical, dental, or health services provided, and the
16451647 county or hospital district may apply for reimbursement in the
16461648 manner provided by Chapter 61, Health and Safety Code. A county or
16471649 hospital district shall have authority to recover the amount
16481650 expended in a civil action.
16491651 SECTION 2.42. Sections 54.032(e), (g), and (h), Family
16501652 Code, are amended to read as follows:
16511653 (e) The court may require a child who requests a teen court
16521654 program to pay a reimbursement fee not to exceed $10 that is set by
16531655 the court to cover the costs of administering this section. The
16541656 court shall deposit the fee in the county treasury of the county in
16551657 which the court is located. A child who requests a teen court
16561658 program and does not complete the program is not entitled to a
16571659 refund of the fee.
16581660 (g) In addition to the reimbursement fee authorized by
16591661 Subsection (e), the court may require a child who requests a teen
16601662 court program to pay a $10 reimbursement fee to cover the cost to
16611663 the teen court for performing its duties under this section. The
16621664 court shall pay the fee to the teen court program, and the teen
16631665 court program must account to the court for the receipt and
16641666 disbursal of the fee. A child who pays a fee under this subsection
16651667 is not entitled to a refund of the fee, regardless of whether the
16661668 child successfully completes the teen court program.
16671669 (h) Notwithstanding Subsection (e) or (g), a juvenile court
16681670 that is located in the Texas-Louisiana border region, as defined by
16691671 Section 2056.002, Government Code, may charge a reimbursement fee
16701672 of $20 under those subsections.
16711673 SECTION 2.43. Sections 41.258(b), (c), (d), and (f),
16721674 Government Code, are amended to read as follows:
16731675 (b) A court, judge, magistrate, peace officer, or other
16741676 officer taking a bail bond for an offense other than a misdemeanor
16751677 punishable by fine only under Chapter 17, Code of Criminal
16761678 Procedure, shall require the payment of a $15 reimbursement fee
16771679 [cost] by each surety posting the bail bond, provided the fee [cost]
16781680 does not exceed $30 for all bail bonds posted at that time for an
16791681 individual and the fee [cost] is not required on the posting of a
16801682 personal or cash bond.
16811683 (c) An officer collecting a reimbursement fee [cost] under
16821684 this section shall deposit the fee [cost] in the county treasury in
16831685 accordance with Article 103.004, Code of Criminal Procedure.
16841686 (d) An officer who collects a reimbursement fee [cost] due
16851687 under this section shall:
16861688 (1) keep separate records of the funds collected; and
16871689 (2) file the reports required by Article 103.005, Code
16881690 of Criminal Procedure.
16891691 (f) A surety paying a reimbursement fee [cost] under
16901692 Subsection (b) may apply for and is entitled to a refund of the fee
16911693 [cost] not later than the 181st day after the date the state
16921694 declines to prosecute an individual or the grand jury declines to
16931695 indict an individual.
16941696 SECTION 2.44. The heading to Section 76.015, Government
16951697 Code, is amended to read as follows:
16961698 Sec. 76.015. REIMBURSEMENT [ADMINISTRATIVE] FEE.
16971699 SECTION 2.45. Section 76.015(c), Government Code, is
16981700 amended to read as follows:
16991701 (c) A department may assess a reasonable reimbursement
17001702 [administrative] fee of not less than $25 and not more than $60 per
17011703 month on an individual who participates in a program operated by the
17021704 department or receives services from the department and who is not
17031705 paying a monthly reimbursement fee under Article 42A.652, Code of
17041706 Criminal Procedure.
17051707 SECTION 2.46. Section 123.004, Government Code, is amended
17061708 to read as follows:
17071709 Sec. 123.004. REIMBURSEMENT FEES. (a) A drug court
17081710 program established under this chapter may collect from a
17091711 participant in the program:
17101712 (1) a reasonable reimbursement fee for the program
17111713 [fee] not to exceed $1,000; and
17121714 (2) an alcohol or controlled substance testing,
17131715 counseling, and treatment reimbursement fee in an amount necessary
17141716 to cover the costs of the testing, counseling, and treatment.
17151717 (b) Reimbursement fees [Fees] collected under this section
17161718 may be paid on a periodic basis or on a deferred payment schedule at
17171719 the discretion of the judge, magistrate, or coordinator. The fees
17181720 must be:
17191721 (1) based on the participant's ability to pay; and
17201722 (2) used only for purposes specific to the program.
17211723 SECTION 2.47. Section 124.005, Government Code, is amended
17221724 to read as follows:
17231725 Sec. 124.005. REIMBURSEMENT FEES. (a) A veterans
17241726 treatment court program established under this chapter may collect
17251727 from a participant in the program:
17261728 (1) a reasonable reimbursement fee for the program
17271729 [fee] not to exceed $1,000; and
17281730 (2) a testing, counseling, and treatment
17291731 reimbursement fee in an amount necessary to cover the costs of any
17301732 testing, counseling, or treatment performed or provided under the
17311733 program.
17321734 (b) Reimbursement fees [Fees] collected under this section
17331735 may be paid on a periodic basis or on a deferred payment schedule at
17341736 the discretion of the judge, magistrate, or coordinator. The fees
17351737 must be:
17361738 (1) based on the participant's ability to pay; and
17371739 (2) used only for purposes specific to the program.
17381740 SECTION 2.48. Section 126.006, Government Code, is amended
17391741 to read as follows:
17401742 Sec. 126.006. REIMBURSEMENT FEES. (a) A commercially
17411743 sexually exploited persons court program established under this
17421744 chapter may collect from a participant in the program a
17431745 nonrefundable reimbursement fee for the program [fee] in a
17441746 reasonable amount not to exceed $1,000, from which the following
17451747 must be paid:
17461748 (1) a counseling and services reimbursement fee in an
17471749 amount necessary to cover the costs of the counseling and services
17481750 provided by the program; and
17491751 (2) [a victim services fee in an amount equal to 10
17501752 percent of the amount paid under Subdivision (1), to be deposited to
17511753 the credit of the general revenue fund to be appropriated only to
17521754 cover costs associated with the grant program described by Section
17531755 531.383; and
17541756 [(3)] a law enforcement training reimbursement fee, in
17551757 an amount equal to five percent of the total amount paid under
17561758 Subdivision (1), to be deposited to the credit of the treasury of
17571759 the county or municipality that established the program to cover
17581760 costs associated with the provision of training to law enforcement
17591761 personnel on domestic violence, prostitution, and the trafficking
17601762 of persons.
17611763 (b) Reimbursement fees [Fees] collected under this section
17621764 may be paid on a periodic basis or on a deferred payment schedule at
17631765 the discretion of the judge, magistrate, or coordinator. The fees
17641766 must be based on the participant's ability to pay.
17651767 SECTION 2.49. Section 129.006, Government Code, is amended
17661768 to read as follows:
17671769 Sec. 129.006. REIMBURSEMENT FEES. (a) A public safety
17681770 employees treatment court program established under this chapter
17691771 may collect from a participant in the program:
17701772 (1) a reasonable reimbursement fee for the program
17711773 [fee] not to exceed $1,000; and
17721774 (2) a testing, counseling, and treatment
17731775 reimbursement fee in an amount necessary to cover the costs of any
17741776 testing, counseling, or treatment performed or provided under the
17751777 program.
17761778 (b) Reimbursement fees [Fees] collected under this section
17771779 may be paid on a periodic basis or on a deferred payment schedule at
17781780 the discretion of the judge, magistrate, or coordinator. The fees
17791781 must be:
17801782 (1) based on the participant's ability to pay; and
17811783 (2) used only for purposes specific to the program.
17821784 SECTION 2.50. Section 161.255(b), Health and Safety Code,
17831785 is amended to read as follows:
17841786 (b) The court shall charge an applicant a reimbursement fee
17851787 in the amount of $30 for each application for expungement filed
17861788 under this section to defray the cost of notifying state agencies of
17871789 orders of expungement under this section.
17881790 SECTION 2.51. Section 169.005, Health and Safety Code, is
17891791 amended to read as follows:
17901792 Sec. 169.005. REIMBURSEMENT FEES. (a) A first offender
17911793 prostitution prevention program established under this chapter may
17921794 collect from a participant in the program a nonrefundable
17931795 reimbursement [program] fee for the program in a reasonable amount
17941796 not to exceed $1,000, from which the following must be paid:
17951797 (1) a counseling and services reimbursement fee in an
17961798 amount necessary to cover the costs of the counseling and services
17971799 provided by the program; and
17981800 (2) [a victim services fee in an amount equal to 10
17991801 percent of the amount paid under Subdivision (1), to be deposited to
18001802 the credit of the general revenue fund to be appropriated only to
18011803 cover costs associated with the grant program described by Section
18021804 531.383, Government Code; and
18031805 [(3)] a law enforcement training reimbursement fee, in
18041806 an amount equal to five percent of the total amount paid under
18051807 Subdivision (1), to be deposited to the credit of the treasury of
18061808 the county or municipality that established the program to cover
18071809 costs associated with the provision of training to law enforcement
18081810 personnel on domestic violence, prostitution, and the trafficking
18091811 of persons.
18101812 (b) Reimbursement fees [Fees] collected under this section
18111813 may be paid on a periodic basis or on a deferred payment schedule at
18121814 the discretion of the judge, magistrate, or program director
18131815 administering the first offender prostitution prevention program.
18141816 The fees must be based on the participant's ability to pay.
18151817 SECTION 2.52. Section 132.002, Local Government Code, is
18161818 amended to read as follows:
18171819 Sec. 132.002. PAYMENT OF FEES OR COSTS BY CREDIT CARD OR
18181820 ELECTRONIC MEANS. (a) The commissioners court of a county may
18191821 authorize a county or precinct officer who collects fees, fines,
18201822 court costs, or other charges on behalf of the county or the state
18211823 to accept payment by credit card, the electronic processing of
18221824 checks, or other electronic means of a fee, fine, court costs, or
18231825 other charge. The commissioners court may also authorize a county
18241826 or precinct officer to collect and retain a reimbursement fee for
18251827 processing the payment by credit card, the electronic processing of
18261828 checks, or other electronic means.
18271829 (b) The governing body of a municipality may authorize a
18281830 municipal official who collects fees, fines, court costs, or other
18291831 charges to:
18301832 (1) accept payment by credit card of a fee, fine, court
18311833 cost, or other charge; and
18321834 (2) collect a reimbursement fee for processing the
18331835 payment by credit card.
18341836 (c) The governing body of a municipality may authorize the
18351837 acceptance of payment by credit card without requiring collection
18361838 of a reimbursement fee.
18371839 (d) The commissioners court may authorize a county or
18381840 precinct officer who collects fees, fines, court costs, or other
18391841 charges on behalf of the county or the state to accept payment by
18401842 electronic means of a fee, fine, court costs, or other charge. The
18411843 commissioners court may also authorize a county or precinct officer
18421844 to collect and retain a reimbursement [handling] fee for processing
18431845 the payment by electronic means.
18441846 (e) A commissioners court may authorize the acceptance of
18451847 payment by credit card or by electronic means without requiring
18461848 collection of a reimbursement fee.
18471849 (f) The director of a community supervision and corrections
18481850 department, with the approval of the judges described by Section
18491851 76.002, Government Code, may authorize a community supervision
18501852 official who collects fees, fines, court costs, and other charges
18511853 to:
18521854 (1) accept payment by debit card or credit card of a
18531855 fee, fine, court cost, or other charge; and
18541856 (2) collect a reimbursement fee for processing the
18551857 payment by debit card or credit card.
18561858 SECTION 2.53. Section 132.003, Local Government Code, is
18571859 amended to read as follows:
18581860 Sec. 132.003. REIMBURSEMENT [PROCESSING OR HANDLING] FEE
18591861 FOR PROCESSING CERTAIN PAYMENTS. (a) The commissioners court
18601862 shall set a reimbursement [processing] fee in an amount that is
18611863 reasonably related to the expense incurred by the county or
18621864 precinct officer in processing the payment by credit card.
18631865 However, the court may not set the [processing] fee authorized by
18641866 this subsection in an amount that exceeds five percent of the amount
18651867 of the fee, court cost, or other charge being paid.
18661868 (b) The governing body of a municipality shall set the
18671869 reimbursement [processing] fee in an amount that is reasonably
18681870 related to the expense incurred by the municipal official in
18691871 processing the payment by credit card. However, the governing body
18701872 may not set the [processing] fee authorized by this subsection in an
18711873 amount that exceeds five percent of the amount of the fee, fine,
18721874 court cost, or other charge being paid.
18731875 (c) If the commissioners court authorizes collection of a
18741876 reimbursement [handling] fee for processing a payment by electronic
18751877 means under Section 132.002(d) [132.002(c)], the reimbursement fee
18761878 shall be set:
18771879 (1) at a flat rate that does not exceed $5 for each
18781880 payment transaction; or
18791881 (2) at a rate that is reasonably related to the expense
18801882 incurred by the county or precinct officer in processing a payment
18811883 by electronic means and that does not exceed five percent of the
18821884 amount of the fee, court cost, or other charge being paid.
18831885 (d) In addition to the reimbursement fee set under
18841886 Subsection (a), the commissioners court of a county may authorize a
18851887 county or precinct officer to collect on behalf of the county from a
18861888 person making payment by credit card a reimbursement fee in an
18871889 amount equal to the amount of any transaction fee charged to the
18881890 county by a vendor providing services in connection with payments
18891891 made by credit card. The limitation prescribed by Subsection (a) on
18901892 the amount of a reimbursement fee under that subsection does not
18911893 apply to a reimbursement fee collected under this subsection.
18921894 SECTION 2.54. Section 133.103, Local Government Code, is
18931895 transferred to Subchapter A, Chapter 102, Code of Criminal
18941896 Procedure, redesignated as Article 102.030, Code of Criminal
18951897 Procedure, and amended to read as follows:
18961898 Art. 102.030 [Sec. 133.103]. TIME PAYMENT REIMBURSEMENT
18971899 FEE. (a) A person convicted of an offense shall pay[, in addition
18981900 to all other costs,] a reimbursement fee of $15 [$25] if the person:
18991901 (1) has been convicted of a felony or misdemeanor; and
19001902 (2) pays any part of a fine, court costs, or
19011903 restitution, or another reimbursement fee, on or after the 31st day
19021904 after the date on which a judgment is entered assessing the fine,
19031905 court costs, [or] restitution, or other reimbursement fee.
19041906 (b) The [Except as provided by Subsection (c-1), the
19051907 treasurer shall send 50 percent of the fees collected under this
19061908 section to the comptroller. The comptroller shall deposit the fees
19071909 received to the credit of the general revenue fund.
19081910 [(c) Except as provided by Subsection (c-1), the] treasurer
19091911 shall deposit [10 percent of] the reimbursement fees collected
19101912 under this section in a separate account in the general fund of the
19111913 county or municipality to be used for the purpose of improving the
19121914 collection of outstanding court costs, fines, reimbursement fees,
19131915 or restitution or improving the efficiency of the administration of
19141916 justice in the county or municipality. The county or municipality
19151917 shall prioritize the needs of the judicial officer who collected
19161918 the fees when making expenditures under this subsection and use the
19171919 money deposited to provide for those needs.
19181920 [(c-1) The treasurer shall send to the comptroller 100
19191921 percent of the fees collected under this section if, during an audit
19201922 under Article 103.0033(j), Code of Criminal Procedure, the Office
19211923 of Court Administration of the Texas Judicial System determines
19221924 that the municipality or county is not in compliance with Article
19231925 103.0033, Code of Criminal Procedure, and is unable to reestablish
19241926 compliance on or before the 180th day after the date the
19251927 municipality or county receives written notice of noncompliance
19261928 from the office. After any period in which the treasurer is
19271929 required under this subsection to send 100 percent of the fees
19281930 collected under this section to the comptroller, the municipality
19291931 or county shall begin once more to dispose of fees as otherwise
19301932 provided by this section on receipt of a written confirmation from
19311933 the office that the municipality or county is in compliance with
19321934 Article 103.0033, Code of Criminal Procedure.
19331935 [(d) The treasurer shall deposit the remainder of the fees
19341936 collected under this section in the general revenue account of the
19351937 county or municipality.]
19361938 SECTION 2.55. The heading to Section 31.127, Parks and
19371939 Wildlife Code, is amended to read as follows:
19381940 Sec. 31.127. PENALTIES AND FINES.
19391941 SECTION 2.56. Section 31.127(f), Parks and Wildlife Code,
19401942 is amended to read as follows:
19411943 (f) A court may dismiss a charge of operating a vessel with
19421944 an expired certificate of number under Section 31.021 if:
19431945 (1) the defendant remedies the defect not later than
19441946 the 10th working day after the date of the offense and pays a fine
19451947 [an administrative fee] not to exceed $10; and
19461948 (2) the certificate of number has not been expired for
19471949 more than 60 days.
19481950 SECTION 2.57. The heading to Section 284.2031,
19491951 Transportation Code, is amended to read as follows:
19501952 Sec. 284.2031. CIVIL AND CRIMINAL ENFORCEMENT: FINE
19511953 [COST].
19521954 SECTION 2.58. Section 284.2031(a), Transportation Code, is
19531955 amended to read as follows:
19541956 (a) A county may impose, in addition to other costs, a fine
19551957 of $1 [as a court cost] on conviction to a defendant convicted of an
19561958 offense under Section 284.070, 284.0701, or 284.203 in an action
19571959 brought by the county or district attorney.
19581960 SECTION 2.59. The heading to Section 284.2032,
19591961 Transportation Code, is amended to read as follows:
19601962 Sec. 284.2032. FINE [ADDITIONAL ADMINISTRATIVE COST] IN
19611963 CERTAIN COUNTIES.
19621964 SECTION 2.60. Section 284.2032(a), Transportation Code, is
19631965 amended to read as follows:
19641966 (a) A county with a population of 3.3 million or more may
19651967 impose a fine of[, in addition to other costs,] $1 [as an
19661968 administrative cost associated with collecting a toll or charge]
19671969 for each event of nonpayment of a required toll or charge imposed
19681970 under Section 284.069.
19691971 SECTION 2.61. Sections 502.010(f), (f-1), (i), and (j),
19701972 Transportation Code, are amended to read as follows:
19711973 (f) Except as otherwise provided by this section, a county
19721974 that has a contract under Subsection (b) may impose an additional
19731975 reimbursement fee of $20 to:
19741976 (1) a person who fails to pay a fine, fee, or tax to the
19751977 county by the date on which the fine, fee, or tax is due; or
19761978 (2) a person who fails to appear in connection with a
19771979 complaint, citation, information, or indictment in a court in which
19781980 a criminal proceeding is pending against the owner.
19791981 (f-1) The additional reimbursement fee may be used only to
19801982 reimburse the department or the county assessor-collector for its
19811983 expenses for providing services under the contract, or another
19821984 county department for expenses related to services under the
19831985 contract.
19841986 (i) A municipal court judge or justice of the peace who has
19851987 jurisdiction over the underlying offense may waive an additional
19861988 reimbursement fee imposed under Subsection (f) if the judge or
19871989 justice makes a finding that the defendant is economically unable
19881990 to pay the fee or that good cause exists for the waiver.
19891991 (j) If a county assessor-collector is notified that the
19901992 court having jurisdiction over the underlying offense has waived
19911993 the past due fine or fee, including a reimbursement fee, due to the
19921994 defendant's indigency, the county may not impose an additional
19931995 reimbursement fee on the defendant under Subsection (f).
19941996 SECTION 2.62. Section 502.407(b), Transportation Code, is
19951997 amended to read as follows:
19961998 (b) A justice of the peace or municipal court judge having
19971999 jurisdiction of the offense may:
19982000 (1) dismiss a charge of driving with an expired motor
19992001 vehicle registration if the defendant:
20002002 (A) remedies the defect not later than the 20th
20012003 working day after the date of the offense or before the defendant's
20022004 first court appearance date, whichever is later; and
20032005 (B) establishes that the fee prescribed by
20042006 Section 502.045 has been paid; and
20052007 (2) assess a fine [an administrative fee] not to
20062008 exceed $20 when the charge is dismissed.
20072009 SECTION 2.63. Section 502.473(d), Transportation Code, is
20082010 amended to read as follows:
20092011 (d) A court may dismiss a charge brought under Subsection
20102012 (a) if the defendant pays a fine [an administrative fee] not to
20112013 exceed $10 and:
20122014 (1) remedies the defect before the defendant's first
20132015 court appearance; or
20142016 (2) shows that the motor vehicle was issued a
20152017 registration insignia by the department that was attached to the
20162018 motor vehicle, establishing that the vehicle was registered for the
20172019 period during which the offense was committed.
20182020 SECTION 2.64. Section 502.475(c), Transportation Code, is
20192021 amended to read as follows:
20202022 (c) A court may dismiss a charge brought under Subsection
20212023 (a)(3) if the defendant:
20222024 (1) remedies the defect before the defendant's first
20232025 court appearance; and
20242026 (2) pays a fine [an administrative fee] not to exceed
20252027 $10.
20262028 SECTION 2.65. Section 504.943(d), Transportation Code, is
20272029 amended to read as follows:
20282030 (d) A court may dismiss a charge brought under Subsection
20292031 (a)(1) if the defendant:
20302032 (1) remedies the defect before the defendant's first
20312033 court appearance; and
20322034 (2) pays a fine [an administrative fee] not to exceed
20332035 $10.
20342036 SECTION 2.66. Section 504.945(d), Transportation Code, is
20352037 amended to read as follows:
20362038 (d) A court may dismiss a charge brought under Subsection
20372039 (a)(3), (5), (6), or (7) if the defendant:
20382040 (1) remedies the defect before the defendant's first
20392041 court appearance;
20402042 (2) pays a fine [an administrative fee] not to exceed
20412043 $10; and
20422044 (3) shows that the vehicle was issued a plate by the
20432045 department that was attached to the vehicle, establishing that the
20442046 vehicle was registered for the period during which the offense was
20452047 committed.
20462048 SECTION 2.67. Section 521.026(b), Transportation Code, is
20472049 amended to read as follows:
20482050 (b) The judge may assess the defendant a fine [an
20492051 administrative fee] not to exceed $20 when the charge of driving
20502052 with an expired driver's license is dismissed under Subsection (a).
20512053 SECTION 2.68. Section 521.054(d), Transportation Code, is
20522054 amended to read as follows:
20532055 (d) A court may dismiss a charge for a violation of this
20542056 section if the defendant remedies the defect not later than the 20th
20552057 working day after the date of the offense and pays a fine [an
20562058 administrative fee] not to exceed $20. The court may waive the fine
20572059 [administrative fee] if the waiver is in the interest of justice.
20582060 SECTION 2.69. Section 521.221(d), Transportation Code, is
20592061 amended to read as follows:
20602062 (d) A court may dismiss a charge for a violation of this
20612063 section if:
20622064 (1) the restriction or endorsement was imposed:
20632065 (A) because of a physical condition that was
20642066 surgically or otherwise medically corrected before the date of the
20652067 offense; or
20662068 (B) in error and that fact is established by the
20672069 defendant;
20682070 (2) the department removes the restriction or
20692071 endorsement before the defendant's first court appearance; and
20702072 (3) the defendant pays a fine [an administrative fee]
20712073 not to exceed $10.
20722074 SECTION 2.70. The heading to Section 542.403,
20732075 Transportation Code, is amended to read as follows:
20742076 Sec. 542.403. FINES [COURT COSTS].
20752077 SECTION 2.71. Sections 542.403(a) and (b), Transportation
20762078 Code, are amended to read as follows:
20772079 (a) In addition to other costs, the court shall order a
20782080 person convicted of a misdemeanor under this subtitle to [shall]
20792081 pay a fine of $3 [as a cost of court].
20802082 (b) The officer who collects a fine [cost] under this
20812083 section shall:
20822084 (1) deposit in the municipal treasury a fine [cost]
20832085 collected in a municipal court case; and
20842086 (2) deposit in the county treasury a fine [cost]
20852087 collected in a justice court case or in a county court case,
20862088 including a case appealed from a justice or municipal court.
20872089 SECTION 2.72. Section 547.004(c), Transportation Code, is
20882090 amended to read as follows:
20892091 (c) A court may dismiss a charge brought under this section
20902092 if the defendant:
20912093 (1) remedies the defect before the defendant's first
20922094 court appearance; and
20932095 (2) pays a fine [an administrative fee] not to exceed
20942096 $10.
20952097 SECTION 2.73. Section 548.605(e), Transportation Code, is
20962098 amended to read as follows:
20972099 (e) A court shall:
20982100 (1) dismiss a charge under this section if the
20992101 defendant remedies the defect:
21002102 (A) not later than the 20th working day after the
21012103 date of the citation or before the defendant's first court
21022104 appearance date, whichever is later; and
21032105 (B) not later than the 40th working day after the
21042106 applicable deadline provided by this chapter, Chapter 382, Health
21052107 and Safety Code, or the department's administrative rules regarding
21062108 inspection requirements; and
21072109 (2) assess a fine [an administrative fee] not to
21082110 exceed $20 when the charge has been remedied under Subdivision (1).
21092111 SECTION 2.74. Section 601.263, Transportation Code, is
21102112 amended to read as follows:
21112113 Sec. 601.263. REIMBURSEMENT FEE [COST] FOR IMPOUNDMENT.
21122114 The court shall impose against the defendant a reimbursement fee
21132115 [cost] of $15 a day for each day of impoundment of the defendant's
21142116 vehicle.
21152117 SECTION 2.75. The heading to Section 681.013,
21162118 Transportation Code, is amended to read as follows:
21172119 Sec. 681.013. DISMISSAL OF CHARGE; FINE [ADMINISTRATIVE
21182120 FEE].
21192121 SECTION 2.76. Section 681.013(b), Transportation Code, is
21202122 amended to read as follows:
21212123 (b) The court shall:
21222124 (1) dismiss a charge for an offense under Section
21232125 681.011(b)(1) if:
21242126 (A) the vehicle displayed a disabled parking
21252127 placard that was not valid as expired;
21262128 (B) the defendant remedies the defect by renewing
21272129 the expired disabled parking placard within 20 working days from
21282130 the date of the offense or before the defendant's first court
21292131 appearance date, whichever is later; and
21302132 (C) the disabled parking placard has not been
21312133 expired for more than 60 days; and
21322134 (2) assess a fine [an administrative fee] not to
21332135 exceed $20 when the charge has been remedied.
21342136 SECTION 2.77. Section 702.003(e-1), Transportation Code,
21352137 is amended to read as follows:
21362138 (e-1) A municipality that has a contract under Subsection
21372139 (b) may impose an additional $20 reimbursement fee to a person who
21382140 has an outstanding warrant from the municipality for failure to
21392141 appear or failure to pay a fine on a complaint that involves the
21402142 violation of a traffic law. The additional reimbursement fee may be
21412143 used only to reimburse the department or the county
21422144 assessor-collector for its expenses for providing services under
21432145 the contract, or another county department for expenses related to
21442146 services under the contract.
21452147 SECTION 2.78. Section 706.006, Transportation Code, is
21462148 amended to read as follows:
21472149 Sec. 706.006. PAYMENT OF REIMBURSEMENT [ADMINISTRATIVE]
21482150 FEE. (a) Except as provided by Subsection (d), a person who fails
21492151 to appear for a complaint or citation for an offense described by
21502152 Section 706.002(a) shall be required to pay a reimbursement [an
21512153 administrative] fee of $10 [$30] for each complaint or citation
21522154 reported to the department under this chapter, unless:
21532155 (1) the person is acquitted of the charges for which
21542156 the person failed to appear;
21552157 (2) the charges on which the person failed to appear
21562158 were dismissed with prejudice by motion of the appropriate
21572159 prosecuting attorney for lack of evidence;
21582160 (3) the failure to appear report was sent to the
21592161 department in error; or
21602162 (4) the case regarding the complaint or citation is
21612163 closed and the failure to appear report has been destroyed in
21622164 accordance with the applicable political subdivision's records
21632165 retention policy.
21642166 (a-1) A person who is required to pay a reimbursement fee
21652167 under Subsection (a) shall pay the fee when:
21662168 (1) the court enters judgment on the underlying
21672169 offense reported to the department;
21682170 (2) the underlying offense is dismissed, other than a
21692171 dismissal described by Subsection (a)(2); or
21702172 (3) bond or other security is posted to reinstate the
21712173 charge for which the warrant was issued.
21722174 (b) Except as provided by Subsection (d), a person who fails
21732175 to pay or satisfy a judgment ordering the payment of a fine and cost
21742176 in the manner the court orders shall be required to pay a
21752177 reimbursement [an administrative] fee of $10 [$30].
21762178 (c) The department may deny renewal of the driver's license
21772179 of a person who does not pay a reimbursement fee due under this
21782180 section until the fee is paid. The fee required by this section is
21792181 in addition to any other fee required by law.
21802182 (d) If the court having jurisdiction over the underlying
21812183 offense makes a finding that the person is indigent, the person may
21822184 not be required to pay a reimbursement [an administrative] fee
21832185 under this section. For purposes of this subsection, a person is
21842186 presumed to be indigent if the person:
21852187 (1) is required to attend school full time under
21862188 Section 25.085, Education Code;
21872189 (2) is a member of a household with a total annual
21882190 income that is below 125 percent of the applicable income level
21892191 established by the federal poverty guidelines; or
21902192 (3) receives assistance from:
21912193 (A) the financial assistance program established
21922194 under Chapter 31, Human Resources Code;
21932195 (B) the medical assistance program under Chapter
21942196 32, Human Resources Code;
21952197 (C) the supplemental nutrition assistance
21962198 program established under Chapter 33, Human Resources Code;
21972199 (D) the federal special supplemental nutrition
21982200 program for women, infants, and children authorized by 42 U.S.C.
21992201 Section 1786; or
22002202 (E) the child health plan program under Chapter
22012203 62, Health and Safety Code.
22022204 SECTION 2.79. The heading to Section 706.007,
22032205 Transportation Code, is amended to read as follows:
22042206 Sec. 706.007. [RECORDS RELATING TO FEES;] DISPOSITION OF
22052207 FEES.
22062208 SECTION 2.80. Sections 706.007(a) and (d), Transportation
22072209 Code, are amended to read as follows:
22082210 (a) An officer collecting a reimbursement fee under Section
22092211 706.006 shall remit the money to the municipal or county treasurer,
22102212 as applicable [keep records and deposit the money as provided by
22112213 Subchapter B, Chapter 133, Local Government Code].
22122214 (d) The [Of each fee collected under Section 706.006, the]
22132215 custodian of a municipal or county treasury shall[:
22142216 [(1) send $20 to the comptroller on or before the last
22152217 day of each calendar quarter; and
22162218 [(2)] deposit the money collected under Section
22172219 706.006 [remainder] to the credit of the general fund of the
22182220 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
2420- under Subsection (a-2) that the judgment does not impose an undue
2421- hardship on the defendant, the justice or judge shall order the
2422- defendant to comply with the judgment not later than the 30th day
2423- after the date the determination is made.
2424- (a-5) The court shall recall a capias pro fine if, before
2425- the capias pro fine is executed, the defendant:
2426- (1) provides notice to the justice or judge under
2427- Article 45.0445 and a hearing is set under that article; or
2428- (2) [the defendant] voluntarily appears and makes a
2429- good faith effort to resolve the capias pro fine [amount owed; and
2430- [(2) the amount owed is resolved in any manner
2431- authorized by this chapter].
2432- SECTION 3.12. Article 45.0491, Code of Criminal Procedure,
2433- is amended to read as follows:
2434- Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR
2435- CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A municipal court,
2436- regardless of whether the court is a court of record, or a justice
2437- court may waive payment of all or part of a fine [or costs] imposed
2438- on a defendant if the court determines that:
2439- (1) the defendant is indigent or does not have
2440- sufficient resources or income to pay all or part of the fine [or
2441- costs] or was, at the time the offense was committed, a child as
2442- defined by Article 45.058(h); and
2443- (2) discharging the fine [or costs] under Article
2444- 45.049 or as otherwise authorized by this chapter would impose an
2445- undue hardship on the defendant.
2446- (b) A defendant is presumed to be indigent or to not have
2447- sufficient resources or income to pay all or part of the fine or
2448- costs for purposes of Subsection (a) or (d) if the defendant:
2449- (1) is in the conservatorship of the Department of
2450- Family and Protective Services, or was in the conservatorship of
2451- that department at the time of the offense; or
2452- (2) is designated as a homeless child or youth or an
2453- unaccompanied youth, as those terms are defined by 42 U.S.C.
2454- Section 11434a, or was so designated at the time of the offense.
2455- (c) A determination of undue hardship made under Subsection
2456- (a)(2) is in the court's discretion. In making that determination,
2457- the court may consider, as applicable, the defendant's:
2458- (1) significant physical or mental impairment or
2459- disability;
2460- (2) pregnancy and childbirth;
2461- (3) substantial family commitments or
2462- responsibilities, including child or dependent care;
2463- (4) work responsibilities and hours;
2464- (5) transportation limitations;
2465- (6) homelessness or housing insecurity; and
2466- (7) any other factors the court determines relevant.
2467- (d) A municipal court, regardless of whether the court is a
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
2470- defendant:
2471- (1) is indigent or does not have sufficient resources
2472- or income to pay all or part of the costs; or
2473- (2) was, at the time the offense was committed, a child
2474- as defined by Article 45.058(h).
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;
2479- (2) Article 43.05(a-1), as added by Chapter 977 (H.B.
2480- 351), Acts of the 85th Legislature, Regular Session, 2017;
2481- (3) Article 45.041(a-1), as added by Chapter 977 (H.B.
2482- 351), Acts of the 85th Legislature, Regular Session, 2017; and
2483- (4) Article 45.045(a-2), as added by Chapter 977 (H.B.
2484- 351), Acts of the 85th Legislature, Regular Session, 2017.
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,
2221+ ARTICLE 3. REPEALERS AND CONFORMING AMENDMENTS
2222+ SECTION 3.01. Section 3.506(c), Business & Commerce Code,
25132223 is amended to read as follows:
25142224 (c) A person may not charge a processing fee to a drawer or
25152225 indorser under this section if a reimbursement [the] fee has been
25162226 collected under Article 102.007(e) [or 102.0071], Code of Criminal
25172227 Procedure. If a processing fee has been collected under this
25182228 section and the holder subsequently receives a reimbursement fee
25192229 collected under Article 102.007(e) [or 102.0071], Code of Criminal
25202230 Procedure, the holder shall immediately refund the fee previously
25212231 collected from the drawer or indorser.
2522- SECTION 4.02. Article 42.037, Code of Criminal Procedure,
2232+ SECTION 3.02. Article 42.037, Code of Criminal Procedure,
25232233 is amended by amending Subsection (g) and adding Subsections (g-1)
25242234 and (g-2) to read as follows:
25252235 (g)[(1)] The court may require a defendant to make
25262236 restitution under this article within a specified period or in
25272237 specified installments. [If the court requires the defendant to
25282238 make restitution in specified installments, in addition to the
25292239 installment payments, the court may require the defendant to pay a
25302240 one-time restitution fee of $12, $6 of which the court shall retain
25312241 for costs incurred in collecting the specified installments and $6
25322242 of which the court shall order to be paid to the compensation to
25332243 victims of crime fund.
25342244 [(2)] The end of the period or the last installment may
25352245 not be later than:
25362246 (1) [(A)] the end of the period of probation, if
25372247 probation is ordered;
25382248 (2) [(B)] five years after the end of the term of
25392249 imprisonment imposed, if the court does not order probation; or
25402250 (3) [(C)] five years after the date of sentencing in
25412251 any other case.
25422252 (g-1) [(3)] If the court does not provide otherwise, the
25432253 defendant shall make restitution immediately.
25442254 (g-2) [(4)] Except as provided by Subsection (n), the order
25452255 of restitution must require the defendant to:
25462256 (1) [(i)] make restitution directly to the person or
25472257 agency that will accept and forward restitution payments to the
25482258 victim or other person eligible for restitution under this article,
25492259 including the compensation to victims of crime fund;
25502260 (2) [(ii)] make restitution directly to the victim or
25512261 other person eligible for restitution under this article, including
25522262 the compensation to victims of crime fund; or
25532263 (3) [(iii)] deliver the amount or property due as
25542264 restitution to a community supervision and corrections department
25552265 for transfer to the victim or person.
2556- SECTION 4.03. Article 42.0373(c), Code of Criminal
2266+ SECTION 3.03. Article 42.0373(c), Code of Criminal
25572267 Procedure, is amended to read as follows:
25582268 (c) The court shall, after considering the financial
25592269 circumstances of the defendant, specify in a restitution order
25602270 issued under Subsection (b) the manner in which the defendant must
25612271 pay the restitution. The order must require restitution payments
25622272 to be delivered in the manner described by Article 42.037(g-2)(3)
25632273 [42.037(g)(4)(iii)].
2564- SECTION 4.04. Articles 45.056(d) and (h), Code of Criminal
2274+ SECTION 3.04. Articles 45.056(d) and (h), Code of Criminal
25652275 Procedure, are amended to read as follows:
25662276 (d) The [Pursuant to Article 102.0174, the] court or
25672277 governing body may pay the salary and benefits of a juvenile case
25682278 manager and the costs of training, travel, office supplies, and
25692279 other necessary expenses relating to the position of the juvenile
25702280 case manager from the local truancy prevention and diversion
25712281 [juvenile case manager] fund established under Section 134.156,
25722282 Local Government Code.
25732283 (h) The commissioners court or governing body of the
25742284 municipality that administers a local truancy prevention and
25752285 diversion [juvenile case manager] fund under Section 134.156, Local
25762286 Government Code, [Article 102.0174] shall require periodic review
25772287 of juvenile case managers to ensure the implementation of the rules
25782288 adopted under Subsection (f).
2579- SECTION 4.05. The heading to Chapter 102, Code of Criminal
2289+ SECTION 3.05. The heading to Chapter 102, Code of Criminal
25802290 Procedure, is amended to read as follows:
25812291 CHAPTER 102. COSTS, FEES, AND FINES PAID BY DEFENDANTS
2582- SECTION 4.06. The heading to Subchapter A, Chapter 102,
2292+ SECTION 3.06. The heading to Subchapter A, Chapter 102,
25832293 Code of Criminal Procedure, is amended to read as follows:
25842294 SUBCHAPTER A. [GENERAL] COSTS; REIMBURSEMENT FEES; FINES
2585- SECTION 4.07. Section 21.008(d), Government Code, is
2295+ SECTION 3.07. Section 21.008(d), Government Code, is
25862296 amended to read as follows:
25872297 (d) The State Board of Regional Judges is created to
25882298 administer the funds appropriated to this account [and to the child
25892299 support and court management account of the judicial fund created
25902300 by Section 21.007]. The board shall be composed of the nine
25912301 regional administrative judges of the state, who shall have the
25922302 authority to organize, elect officers, and make such rules as may be
25932303 necessary for the proper administration of these accounts.
2594- SECTION 4.08. Section 25.0593(k), Government Code, is
2304+ SECTION 3.08. Section 25.0593(k), Government Code, is
25952305 amended to read as follows:
25962306 (k) The official court reporter of a county criminal court
25972307 is not required to take testimony in a case unless the judge or a
25982308 party demands that testimony be taken. [If the court reporter takes
25992309 testimony, the clerk shall collect a $3 fee as costs in the case.
26002310 The fee shall be paid into the county treasury.]
2601- SECTION 4.09. Section 25.0594(l), Government Code, is
2311+ SECTION 3.09. Section 25.0594(l), Government Code, is
26022312 amended to read as follows:
26032313 (l) The official court reporter of a county criminal court
26042314 of appeals is not required to take testimony in a case in which
26052315 neither party nor the judge demands it. [If the court reporter
26062316 takes testimony, the clerk shall collect a $3 fee as costs in the
26072317 case. The fee shall be paid into the county treasury.]
2608- SECTION 4.10. Section 25.1572(h), Government Code, is
2318+ SECTION 3.10. Section 25.1572(h), Government Code, is
26092319 amended to read as follows:
26102320 (h) An official court reporter is not required to take
26112321 testimony in a case unless the judge or a party demands that
26122322 testimony be taken. In civil and probate cases in which the court
26132323 reporter is required to take testimony, the clerk shall assess a $3
26142324 fee as costs in the case. The clerk shall collect the fee and
26152325 deposit it in the county treasury. The court reporter shall be
26162326 available for matters being considered in the county court if the
26172327 parties before the court request a court reporter and the request is
26182328 approved by the judge of a county court at law.
2619- SECTION 4.11. Section 25.2223(i), Government Code, is
2329+ SECTION 3.11. Section 25.2223(i), Government Code, is
26202330 amended to read as follows:
26212331 (i) The official court reporter of a county criminal court
26222332 is entitled to the same fees and salary as a district court reporter
26232333 and shall perform the same duties and take the oath of office as
26242334 provided by law for district court reporters. The official court
26252335 reporter for the County Criminal Court No. 1 or 3 of Tarrant County
26262336 is not required to take testimony in cases in which neither a party
26272337 nor the judge demands it. [In cases in which testimony is taken, a
26282338 fee of $3 shall be taxed as costs in the case. The clerk collects
26292339 the fee and pays it into the county treasury.]
2630- SECTION 4.12. Section 25.2702(d), Government Code, is
2340+ SECTION 3.12. Section 25.2702(d), Government Code, is
26312341 amended to read as follows:
26322342 (d) The judge of the county court at law shall appoint an
26332343 official court reporter. The judge may appoint a court
26342344 administrator to aid the judge in the performance of the judge's
26352345 duties. The official court reporter and the court administrator of
26362346 the county court at law are entitled to receive the same salary and
26372347 to be paid in the same manner as the official court reporter and
26382348 court administrator, respectively, of the district court in the
26392349 administrative county for the court. The clerk of the court shall
26402350 tax as costs, in each civil[, criminal,] and probate case in which a
26412351 record of any part of the evidence in the case is made by the
26422352 reporter, a stenographer's fee of $25. The fee shall be paid in the
26432353 same manner as other costs in the case. The clerk collects the fee
26442354 and pays it into the general funds of the counties.
2645- SECTION 4.13. Section 26.007(a), Government Code, is
2355+ SECTION 3.13. Section 26.007(a), Government Code, is
26462356 amended to read as follows:
26472357 (a) Beginning on the first day of the state fiscal year, the
26482358 state shall annually compensate each county that collects the
26492359 additional fees [and costs] under Section 51.703 in an amount equal
26502360 to $5,000 if the county judge is entitled to an annual salary
26512361 supplement from the state under Section 26.006.
2652- SECTION 4.14. Section 26.008(a), Government Code, is
2362+ SECTION 3.14. Section 26.008(a), Government Code, is
26532363 amended to read as follows:
26542364 (a) At the end of each state fiscal year, the comptroller
26552365 shall determine the amounts deposited in the judicial fund under
26562366 Section 51.703 and the amounts paid to the counties under Section
26572367 26.007. If the total amount paid under Section 51.703 by all
26582368 counties that collect fees [and costs] under that section exceeds
26592369 the total amount paid to the counties under Section 26.007, the
26602370 state shall remit the excess to the counties that collect fees [and
26612371 costs] under Section 51.703 proportionately based on the percentage
26622372 of the total paid by each county.
2663- SECTION 4.15. Section 30.00014(g), Government Code, is
2373+ SECTION 3.15. Section 30.00014(g), Government Code, is
26642374 amended to read as follows:
26652375 (g) The defendant shall pay [the fee for the preparation of
26662376 the clerk's record and] the fee for an actual transcription of the
26672377 proceedings.
2668- SECTION 4.16. Section 61.0015(c), Government Code, is
2378+ SECTION 3.16. Section 61.0015(c), Government Code, is
26692379 amended to read as follows:
26702380 (c) The comptroller shall pay claims for reimbursement
26712381 under this section quarterly to the county treasury of each county
26722382 that filed a claim from money collected under Subchapter B, Chapter
26732383 133, Local Government Code [Article 102.0045, Code of Criminal
26742384 Procedure], and deposited in the jury service fund.
2675- SECTION 4.17. Section 101.0613, Government Code, is amended
2385+ SECTION 3.17. Section 101.0613, Government Code, is amended
26762386 to read as follows:
26772387 Sec. 101.0613. DISTRICT COURT FEES AND COSTS: HUMAN
26782388 RESOURCES CODE. The clerk of a district court shall collect fees
26792389 and costs under the Human Resources Code as follows:
26802390 (1) [for filing a suit in Comal County (Sec. 152.0522,
26812391 Human Resources Code) . . . $4;
26822392 [(2)] fee on filing a suit for dissolution of a
26832393 marriage for services of child support department in Harris County,
26842394 if authorized by the county commissioners court (Sec. 152.1074,
26852395 Human Resources Code) . . . not to exceed $12;
26862396 (2) [(3)] a child support service fee in Nueces County
26872397 if ordered by the commissioners court and assessed by the court
26882398 (Sec. 152.1844, Human Resources Code) . . . not to exceed $5 a
26892399 month payable annually in advance;
26902400 (3) [(4)] a service fee to be paid by a person ordered
26912401 by a district court to pay child or spousal support:
26922402 (A) in Collin County if authorized by the
26932403 juvenile board (Sec. 152.0492, Human Resources Code) . . . not to
26942404 exceed $2.50 added to first support payment each month;
26952405 (B) in Johnson County if authorized by the
26962406 juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00
26972407 added to first support payment each month; and
26982408 (C) in Montague County (Sec. 152.1752, Human
26992409 Resources Code) . . . $1 if fee is ordered to be paid monthly, 50
27002410 cents if fee is ordered to be paid semimonthly or weekly;
27012411 (4) [(5)] attorney's fees as an additional cost in
27022412 Montague County on a finding of contempt of court for failure to pay
27032413 child or spousal support if the contempt action is initiated by the
27042414 probation department (Sec. 152.1752, Human Resources Code) . . .
27052415 $15;
27062416 (5) [(6)] fee on filing a suit requesting an adoption
27072417 in Montague County (Sec. 152.1752, Human Resources Code) . . . $25;
27082418 (6) [(7)] court cost on citation for contempt of court
27092419 for failure to comply with child support order in Nueces County, if
27102420 authorized by the commissioners court (Sec. 152.1844, Human
27112421 Resources Code) . . . not to exceed $10;
27122422 (7) [(8)] fee on filing a suit for divorce in Orange
27132423 County (Sec. 152.1873, Human Resources Code) . . . not less than
27142424 $5;
27152425 (8) [(9)] court costs on citation for contempt of
27162426 court in Orange County for failure to comply with a child support
27172427 order or order providing for possession of or access to a child
27182428 (Sec. 152.1873, Human Resources Code) . . . amount determined by
27192429 district clerk;
27202430 (9) [(10)] fee on filing a suit requesting an adoption
27212431 in Orange County (Sec. 152.1874, Human Resources Code) . . . not
27222432 less than $25; and
27232433 (10) [(11)] fee on filing a suit requesting an
27242434 adoption in Wichita County (Sec. 152.2496, Human Resources Code)
27252435 . . . $100.
2726- SECTION 4.18. Section 101.141(b), Government Code, is
2436+ SECTION 3.18. Section 101.141(b), Government Code, is
27272437 amended to read as follows:
27282438 (b) A clerk of a justice court shall collect fees and costs
27292439 under other laws as follows:
27302440 (1) the cost of a special program that a court may
27312441 order a child to attend after a finding that the child committed an
27322442 offense, if ordered by the court (Art. 45.057, Code of Criminal
27332443 Procedure) . . . costs of the program not to exceed $100;
27342444 (2) additional filing fees:
27352445 (A) to fund Dallas County civil court facilities
27362446 (Sec. 51.705, Government Code) . . . not more than $15;
27372447 (B) for filing any civil action or proceeding
27382448 requiring a filing fee, including an appeal, and on the filing of
27392449 any counterclaim, cross-action, intervention, interpleader, or
27402450 third-party action requiring a filing fee, to fund civil legal
27412451 services for the indigent (Sec. 133.153, Local Government Code)
27422452 . . . $6;
27432453 (C) to fund the improvement of Hays County court
27442454 facilities, if authorized by the county commissioners court
27452455 (Sec. 51.707, Government Code) . . . not more than $15; and
27462456 (D) to fund the construction, renovation, or
27472457 improvement of Rockwall County court facilities, if authorized by
27482458 the county commissioners court (Sec. 51.709, Government Code)
27492459 . . . not more than $15;
27502460 (3) [for filing a suit in Comal County (Sec. 152.0522,
27512461 Human Resources Code) . . . $1.50;
27522462 [(4)] fee for hearing on probable cause for removal of
27532463 a vehicle and placement in a storage facility if assessed by the
27542464 court (Sec. 2308.457, Occupations Code) . . . $20; and
27552465 (4) [(5)] statewide electronic filing system fund fee
27562466 (Sec. 51.851, Government Code) . . . $10.
2757- SECTION 4.19. Section 101.181, Government Code, is amended
2467+ SECTION 3.19. Section 101.181, Government Code, is amended
27582468 to read as follows:
27592469 Sec. 101.181. MUNICIPAL COURTS OF RECORD FEES AND COSTS.
27602470 The clerk of a municipal court of record shall collect [the
27612471 following fees and costs:
27622472 [(1) from an appellant, a fee for preparation of the
27632473 clerk's record (Sec. 30.00014, Government Code) . . . $25;
27642474 [(2) from an appellant in the City of El Paso, an
27652475 appellate court docket fee (Sec. 30.00147, Government Code) . . .
27662476 $25; and
27672477 [(3)] the cost of a special program that a court may
27682478 order a child to attend after finding that the child committed an
27692479 offense, if ordered by the court, under Article [(Art.] 45.057,
27702480 Code of Criminal Procedure, in the amount of the [Procedure) . . .]
27712481 costs of the program, not to exceed $100.
2772- SECTION 4.20. Section 102.021, Government Code, is amended
2482+ SECTION 3.20. Section 102.021, Government Code, is amended
27732483 to read as follows:
27742484 Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
27752485 PROCEDURE. A person convicted of an offense shall pay [the
27762486 following under the Code of Criminal Procedure], in addition to all
27772487 other costs and[:
27782488 [(1) court cost on conviction of any offense, other
27792489 than a conviction of an offense relating to a pedestrian or the
27802490 parking of a motor vehicle (Art. 102.0045, Code of Criminal
27812491 Procedure) . . . $4;
27822492 [(2) a fee for services of prosecutor (Art. 102.008,
27832493 Code of Criminal Procedure) . . . $25;
27842494 [(3) fees for services of peace officer:
27852495 [(A) issuing a written notice to appear in court
27862496 for certain violations (Art. 102.011, Code of Criminal Procedure)
27872497 . . . $5;
27882498 [(B) executing or processing an issued arrest
27892499 warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
27902500 Procedure) . . . $50;
27912501 [(C) summoning a witness (Art. 102.011, Code of
27922502 Criminal Procedure) . . . $5;
27932503 [(D) serving a writ not otherwise listed (Art.
27942504 102.011, Code of Criminal Procedure) . . . $35;
27952505 [(E) taking and approving a bond and, if
27962506 necessary, returning the bond to courthouse (Art. 102.011, Code of
27972507 Criminal Procedure) . . . $10;
27982508 [(F) commitment or release (Art. 102.011, Code of
27992509 Criminal Procedure) . . . $5;
28002510 [(G) summoning a jury (Art. 102.011, Code of
28012511 Criminal Procedure) . . . $5;
28022512 [(H) attendance of a prisoner in habeas corpus
28032513 case if prisoner has been remanded to custody or held to bail (Art.
28042514 102.011, Code of Criminal Procedure) . . . $8 each day;
28052515 [(I) mileage for certain services performed
28062516 (Art. 102.011, Code of Criminal Procedure) . . . $0.29 per mile;
28072517 and
28082518 [(J) services of a sheriff or constable who
28092519 serves process and attends examining trial in certain cases (Art.
28102520 102.011, Code of Criminal Procedure) . . . not to exceed $5;
28112521 [(4) services of a peace officer in conveying a
28122522 witness outside the county (Art. 102.011, Code of Criminal
28132523 Procedure) . . . $10 per day or part of a day, plus actual necessary
28142524 travel expenses;
28152525 [(5) overtime of peace officer for time spent
28162526 testifying in the trial or traveling to or from testifying in the
28172527 trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
28182528 [(6) court costs on an offense relating to rules of the
28192529 road, when offense occurs within a school crossing zone (Art.
28202530 102.014, Code of Criminal Procedure) . . . $25;
28212531 [(7) court costs on an offense of passing a school bus
28222532 (Art. 102.014, Code of Criminal Procedure) . . . $25;
28232533 [(8) court costs on an offense of parent contributing
28242534 to student nonattendance (Art. 102.014, Code of Criminal Procedure)
28252535 . . . $20;
28262536 [(9) cost for visual recording of intoxication arrest
28272537 before conviction (Art. 102.018, Code of Criminal Procedure) . . .
28282538 $15;
28292539 [(10) cost of certain evaluations (Art. 102.018, Code
28302540 of Criminal Procedure) . . . actual cost;
28312541 [(11) additional costs attendant to certain
28322542 intoxication convictions under Chapter 49, Penal Code, for
28332543 emergency medical services, trauma facilities, and trauma care
28342544 systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
28352545 [(12) additional costs attendant to certain child
28362546 sexual assault and related convictions, for child abuse prevention
28372547 programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
28382548 [(13) court cost for DNA testing for certain felonies
28392549 (Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
28402550 [(14) court cost for DNA testing for certain
28412551 misdemeanors and felonies (Art. 102.020(a)(2), Code of Criminal
28422552 Procedure) . . . $50;
28432553 [(15) court cost for DNA testing for certain felonies
28442554 (Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
28452555 [(16) if required by the court, a restitution fee for
28462556 costs incurred in collecting restitution installments and for the
28472557 compensation to victims of crime fund (Art. 42.037, Code of
28482558 Criminal Procedure) . . . $12;
28492559 [(17)] if directed by the justice of the peace or
28502560 municipal court judge hearing the case, court costs on conviction
28512561 in a criminal action under Article [(Art.] 45.041, Code of Criminal
28522562 Procedure, in the amount of [Procedure) . . .] part or all of the
28532563 costs as directed by the judge[; and
28542564 [(18) costs attendant to convictions under Chapter 49,
28552565 Penal Code, and under Chapter 481, Health and Safety Code, to help
28562566 fund drug court programs established under Chapter 122, 123, 124,
28572567 or 125, Government Code, or former law (Art. 102.0178, Code of
28582568 Criminal Procedure) . . . $60].
2859- SECTION 4.21. Section 102.0212, Government Code, is amended
2569+ SECTION 3.21. Section 102.0212, Government Code, is amended
28602570 to read as follows:
28612571 Sec. 102.0212. COURT COSTS ON CONVICTION: LOCAL GOVERNMENT
28622572 CODE. A person convicted of an offense shall pay the following
28632573 under the Local Government Code, in addition to all other costs:
28642574 (1) court costs on conviction of a felony (Sec.
28652575 133.102, Local Government Code) . . . $185 [$133];
28662576 (2) court costs on conviction of a Class A or Class B
28672577 misdemeanor (Sec. 133.102, Local Government Code) . . . $147 [$83];
28682578 (3) court costs on conviction of a nonjailable
28692579 misdemeanor offense, including a criminal violation of a municipal
28702580 ordinance, other than a conviction of an offense relating to a
28712581 pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
28722582 Government Code) . . . $62 [$40];
28732583 (4) court costs on conviction of a felony (Sec.
28742584 134.101, Local Government Code) . . . $105 [a time payment fee if
28752585 convicted of a felony or misdemeanor for paying any part of a fine,
28762586 court costs, or restitution on or after the 31st day after the date
28772587 on which a judgment is entered assessing the fine, court costs, or
28782588 restitution (Sec. 133.103, Local Government Code) . . . $25];
28792589 (5) court costs on conviction of a Class A or Class B
28802590 misdemeanor (Sec. 134.102, Local Government Code) . . . $123 [a
28812591 cost on conviction of any offense, other than an offense relating to
28822592 a pedestrian or the parking of a motor vehicle (Sec. 133.105, Local
28832593 Government Code) . . . $6]; and
28842594 (6) court costs on conviction of a nonjailable
28852595 misdemeanor offense, including a criminal violation of a municipal
28862596 ordinance (Sec. 134.103, Local Government Code) . . . $14 [a cost
28872597 on conviction of any offense, other than an offense relating to a
28882598 pedestrian or the parking of a motor vehicle (Sec. 133.107, Local
28892599 Government Code) . . . $2].
2890- SECTION 4.22. Section 103.021, Government Code, is amended
2600+ SECTION 3.22. Section 103.021, Government Code, is amended
28912601 to read as follows:
28922602 Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
28932603 CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
28942604 or a party to a civil suit, as applicable, shall pay the following
28952605 fees and costs under the Code of Criminal Procedure if ordered by
28962606 the court or otherwise required:
28972607 (1) [a personal bond fee (Art. 17.42, Code of Criminal
28982608 Procedure) . . . the greater of $20 or three percent of the amount
28992609 of the bail fixed for the accused;
29002610 [(2) cost of electronic monitoring as a condition of
29012611 release on personal bond (Art. 17.43, Code of Criminal Procedure)
29022612 . . . actual cost;
29032613 [(3) a fee for verification of and monitoring of motor
29042614 vehicle ignition interlock (Art. 17.441, Code of Criminal
29052615 Procedure) . . . not to exceed $10;
29062616 [(3-a) costs associated with operating a global
29072617 positioning monitoring system as a condition of release on bond
29082618 (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
29092619 subject to a determination of indigency;
29102620 [(3-b) costs associated with providing a defendant's
29112621 victim with an electronic receptor device as a condition of the
29122622 defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
29132623 Procedure) . . . actual costs, subject to a determination of
29142624 indigency;
29152625 [(4) repayment of reward paid by a crime stoppers
29162626 organization on conviction of a felony (Art. 37.073, Code of
29172627 Criminal Procedure) . . . amount ordered;
29182628 [(5) reimbursement to general revenue fund for
29192629 payments made to victim of an offense as condition of community
29202630 supervision (Art. 42A.301(17), Code of Criminal Procedure) . . .
29212631 not to exceed $50 for a misdemeanor offense or $100 for a felony
29222632 offense;
29232633 [(6) payment to a crime stoppers organization as
29242634 condition of community supervision (Art. 42A.301(20), Code of
29252635 Criminal Procedure) . . . not to exceed $50;
29262636 [(7) children's advocacy center fee (Art. 42A.455,
29272637 Code of Criminal Procedure) . . . not to exceed $50;
29282638 [(8) family violence center fee (Art. 42A.504(b), Code
29292639 of Criminal Procedure) . . . $100;
29302640 [(9) community supervision fee (Art. 42A.652(a), Code
29312641 of Criminal Procedure) . . . not less than $25 or more than $60 per
29322642 month;
29332643 [(10) additional community supervision fee for
29342644 certain offenses (Art. 42A.653(a), Code of Criminal Procedure)
29352645 . . . $5 per month;
29362646 [(11) for certain financially able sex offenders as a
29372647 condition of community supervision, the costs of treatment,
29382648 specialized supervision, or rehabilitation (Art. 42A.452, Code of
29392649 Criminal Procedure) . . . all or part of the reasonable and
29402650 necessary costs of the treatment, supervision, or rehabilitation as
29412651 determined by the judge;
29422652 [(12) fee for failure to appear for trial in a justice
29432653 or municipal court if a jury trial is not waived (Art. 45.026, Code
29442654 of Criminal Procedure) . . . costs incurred for impaneling the
29452655 jury;
29462656 [(13) costs of certain testing, assessments, or
29472657 programs during a deferral period (Art. 45.051, Code of Criminal
29482658 Procedure) . . . amount ordered;
29492659 [(14) special expense on dismissal of certain
29502660 misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
29512661 . . . not to exceed amount of fine assessed;
29522662 [(15) an additional fee:
29532663 [(A) for a copy of the defendant's driving record
29542664 to be requested from the Department of Public Safety by the judge
29552665 (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
29562666 to the sum of the fee established by Section 521.048,
29572667 Transportation Code, and the state electronic Internet portal fee;
29582668 [(B) as an administrative fee for requesting a
29592669 driving safety course or a course under the motorcycle operator
29602670 training and safety program for certain traffic offenses to cover
29612671 the cost of administering the article (Art. 45.0511(f)(1), Code of
29622672 Criminal Procedure) . . . not to exceed $10; or
29632673 [(C) for requesting a driving safety course or a
29642674 course under the motorcycle operator training and safety program
29652675 before the final disposition of the case (Art. 45.0511(f)(2), Code
29662676 of Criminal Procedure) . . . not to exceed the maximum amount of the
29672677 fine for the offense committed by the defendant;
29682678 [(16) a request fee for teen court program (Art.
29692679 45.052, Code of Criminal Procedure) . . . $20, if the court
29702680 ordering the fee is located in the Texas-Louisiana border region,
29712681 but otherwise not to exceed $10;
29722682 [(17) a fee to cover costs of required duties of teen
29732683 court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
29742684 court ordering the fee is located in the Texas-Louisiana border
29752685 region, but otherwise $10;
29762686 [(18) a mileage fee for officer performing certain
29772687 services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
29782688 mile;
29792689 [(19)] certified mailing of notice of hearing date
29802690 (Art. 102.006, Code of Criminal Procedure) . . . $1, plus postage;
29812691 (2) [(20)] certified mailing of certified copies of an
29822692 order of expunction (Art. 102.006, Code of Criminal Procedure)
29832693 . . . $2, plus postage;
29842694 (3) [(20-a) a fee to defray the cost of notifying
29852695 state agencies of orders of expungement (Art. 45.0216, Code of
29862696 Criminal Procedure) . . . $30 per application;
29872697 [(21) sight orders:
29882698 [(A) if the face amount of the check or sight
29892699 order does not exceed $10 (Art. 102.007, Code of Criminal
29902700 Procedure) . . . not to exceed $10;
29912701 [(B) if the face amount of the check or sight
29922702 order is greater than $10 but does not exceed $100 (Art. 102.007,
29932703 Code of Criminal Procedure) . . . not to exceed $15;
29942704 [(C) if the face amount of the check or sight
29952705 order is greater than $100 but does not exceed $300 (Art. 102.007,
29962706 Code of Criminal Procedure) . . . not to exceed $30;
29972707 [(D) if the face amount of the check or sight
29982708 order is greater than $300 but does not exceed $500 (Art. 102.007,
29992709 Code of Criminal Procedure) . . . not to exceed $50; and
30002710 [(E) if the face amount of the check or sight
30012711 order is greater than $500 (Art. 102.007, Code of Criminal
30022712 Procedure) . . . not to exceed $75;
30032713 [(22) fees for a pretrial intervention program:
30042714 [(A) a supervision fee (Art. 102.012(a), Code of
30052715 Criminal Procedure) . . . $60 a month plus expenses; and
30062716 [(B) a district attorney, criminal district
30072717 attorney, or county attorney administrative fee (Art. 102.0121,
30082718 Code of Criminal Procedure) . . . not to exceed $500;
30092719 [(23) parking fee violations for child safety fund in
30102720 municipalities with populations:
30112721 [(A) greater than 850,000 (Art. 102.014, Code of
30122722 Criminal Procedure) . . . not less than $2 and not to exceed $5; and
30132723 [(B) less than 850,000 (Art. 102.014, Code of
30142724 Criminal Procedure) . . . not to exceed $5;
30152725 [(24)] an administrative fee for collection of fines,
30162726 fees, restitution, or other costs (Art. 102.072, Code of Criminal
30172727 Procedure) . . . not to exceed $2 for each transaction; and
30182728 (4) [(25)] a collection fee, if authorized by the
30192729 commissioners court of a county or the governing body of a
30202730 municipality, for certain debts and accounts receivable, including
30212731 unpaid fines, fees, court costs, forfeited bonds, and restitution
30222732 ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
30232733 percent of an amount more than 60 days past due[; and
30242734 [(26) a cost on conviction for the truancy prevention
30252735 and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
30262736 $2].
3027- SECTION 4.23. Section 103.0211, Government Code, is amended
2737+ SECTION 3.23. Section 103.0211, Government Code, is amended
30282738 to read as follows:
30292739 Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
30302740 CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
30312741 to a civil suit, as applicable, shall pay the following fees and
30322742 costs under the Government Code if ordered by the court or otherwise
30332743 required:
30342744 (1) a court reporter fee when testimony is taken[:
30352745 [(A) in a criminal court in Dallas County
30362746 (Sec. 25.0593, Government Code) . . . $3;
30372747 [(B) in a county criminal court of appeals in
30382748 Dallas County (Sec. 25.0594, Government Code) . . . $3;
30392749 [(C)] in a civil case in a county court at law in
30402750 McLennan County (Sec. 25.1572, Government Code) . . . $3; [and
30412751 [(D) in a county criminal court in Tarrant County
30422752 (Sec. 25.2223, Government Code) . . . $3;]
30432753 (2) a court reporter service fee if the courts have
30442754 official court reporters (Sec. 51.601, Government Code) . . . $15
30452755 or, in specified counties, $30;
30462756 [(3) a speedy trial rights waiver motion filing fee in
30472757 El Paso County (Sec. 54.745, Government Code) . . . $100;
30482758 [(4) the costs of a criminal magistrate if the court
30492759 determines that the nonprevailing party is able to defray the
30502760 costs:
30512761 [(A) in Bexar County (Sec. 54.913, Government
30522762 Code) . . . magistrate's fees;
30532763 [(B) in Dallas County (Sec. 54.313, Government
30542764 Code) . . . magistrate's fees;
30552765 [(C) in Lubbock County (Sec. 54.883, Government
30562766 Code) . . . magistrate's fees;
30572767 [(D) in Tarrant County (Sec. 54.663, Government
30582768 Code) . . . magistrate's fees; and
30592769 [(E) in Travis County (Sec. 54.983, Government
30602770 Code) . . . magistrate's fees;
30612771 [(5) an administrative fee for participation in
30622772 certain community supervision programs (Sec. 76.015, Government
30632773 Code) . . . not less than $25 and not more than $60 per month;] and
30642774 (3) [(6)] fee paid on filing a petition for an order of
30652775 nondisclosure of criminal history record information in certain
30662776 cases (Secs. 411.072 and 411.0745, Government Code) . . . $28.
3067- SECTION 4.24. Section 103.0212, Government Code, is amended
2777+ SECTION 3.24. Section 103.0212, Government Code, is amended
30682778 to read as follows:
30692779 Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
30702780 CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
30712781 civil suit, as applicable, shall pay the following fees and costs
30722782 under the Family Code if ordered by the court or otherwise required:
30732783 (1) in family matters:
30742784 (A) issuing writ of withholding (Sec. 8.262,
30752785 Family Code) . . . $15;
30762786 (B) filing copy of writ of withholding to
30772787 subsequent employer (Sec. 8.267, Family Code) . . . $15;
30782788 (C) issuing and delivering modified writ of
30792789 withholding or notice of termination (Sec. 8.302, Family Code)
30802790 . . . $15;
30812791 (D) issuing and delivering notice of termination
30822792 of withholding (Sec. 8.303, Family Code) . . . $15;
30832793 (E) issuance of change of name certificate
30842794 (Sec. 45.106, Family Code) . . . $10;
30852795 (F) protective order fee (Sec. 81.003, Family
30862796 Code) . . . $16;
30872797 (G) filing suit requesting adoption of child
30882798 (Sec. 108.006, Family Code) . . . $15;
30892799 (H) filing fees for suits affecting parent-child
30902800 relationship (Sec. 110.002, Family Code):
30912801 (i) suit or motion for modification
30922802 (Sec. 110.002, Family Code) . . . $15;
30932803 (ii) motion for enforcement (Sec. 110.002,
30942804 Family Code) . . . $15;
30952805 (iii) notice of application for judicial
30962806 writ of withholding (Sec. 110.002, Family Code) . . . $15;
30972807 (iv) motion to transfer (Sec. 110.002,
30982808 Family Code) . . . $15;
30992809 (v) petition for license suspension
31002810 (Sec. 110.002, Family Code) . . . $15;
31012811 (vi) motion to revoke a stay of license
31022812 suspension (Sec. 110.002, Family Code) . . . $15; and
31032813 (vii) motion for contempt (Sec. 110.002,
31042814 Family Code) . . . $15;
31052815 (I) order or writ of income withholding to be
31062816 delivered to employer (Sec. 110.004, Family Code) . . . not to
31072817 exceed $15;
31082818 (J) filing fee for transferred case
31092819 (Sec. 110.005, Family Code) . . . $45;
31102820 (K) filing a writ of withholding (Sec. 158.319,
31112821 Family Code) . . . $15;
31122822 (L) filing a request for modified writ of
31132823 withholding or notice of termination (Sec. 158.403, Family Code)
31142824 . . . not to exceed $15;
31152825 (M) filing an administrative writ to employer
31162826 (Sec. 158.503, Family Code) . . . not to exceed $15; and
31172827 (N) genetic testing fees in relation to a child
31182828 born to a gestational mother (Sec. 160.762, Family Code) . . . as
31192829 assessed by the court; and
31202830 (2) in juvenile court:
31212831 (A) fee schedule for deferred prosecution
31222832 services (Sec. 53.03, Family Code) . . . maximum fee of $15 a
31232833 month;
31242834 (B) [a request fee for a teen court program
31252835 (Sec. 54.032, Family Code) . . . $20, if the court ordering the fee
31262836 is located in the Texas-Louisiana border region, but otherwise not
31272837 to exceed $10;
31282838 [(C)] court costs for juvenile probation
31292839 diversion fund (Sec. 54.0411, Family Code) . . . $20;
31302840 (C) [(D)] a juvenile delinquency prevention fee
31312841 (Sec. 54.0461, Family Code) . . . $50;
31322842 (D) [(E)] a court fee for child's probationary
31332843 period (Sec. 54.061, Family Code) . . . not to exceed $15 a month;
31342844 (E) [(F) a fee to cover costs of required duties
31352845 of teen court (Sec. 54.032, Family Code) . . . $20, if the court
31362846 ordering the fee is located in the Texas-Louisiana border region,
31372847 but otherwise not to exceed $10;
31382848 [(G)] a fee for DNA testing on commitment to
31392849 certain facilities (Sec. 54.0462, Family Code) . . . $50;
31402850 (F) [(H)] a fee for DNA testing after placement
31412851 on probation or as otherwise required by law (Sec. 54.0462, Family
31422852 Code) . . . $34;
31432853 (G) [(I)] a program fee for a teen dating
31442854 violence court program (Sec. 54.0325, Family Code) . . . $10; and
31452855 (H) [(J)] a fee to cover the cost to the court of
31462856 administering a teen dating violence court program (Sec. 54.0325,
31472857 Family Code) . . . not to exceed $10.
3148- SECTION 4.25. Section 103.0213, Government Code, is amended
2858+ SECTION 3.25. Section 103.0213, Government Code, is amended
31492859 to read as follows:
31502860 Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
31512861 CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
31522862 party to a civil suit, as applicable, shall pay an [the following
31532863 fees and costs under the Transportation Code if ordered by the court
31542864 or otherwise required:
31552865 [(1) administrative fee on dismissal of charge of
31562866 driving with an expired motor vehicle registration (Sec. 502.407,
31572867 Transportation Code) . . . not to exceed $20;
31582868 [(2) administrative fee on dismissal of charge of
31592869 driving with an expired driver's license (Sec. 521.026,
31602870 Transportation Code) . . . not to exceed $20;
31612871 [(2-a) administrative fee on remediation of charge of
31622872 operation of a vehicle without a registration insignia (Sec.
31632873 502.473, Transportation Code) . . . not to exceed $10;
31642874 [(3) administrative fee on remediation of charge of
31652875 operating a vehicle without complying with inspection requirements
31662876 as certified (Sec. 548.605, Transportation Code) . . . not to
31672877 exceed $20;
31682878 [(4) administrative fee for failure to appear for a
31692879 complaint or citation on certain offenses (Sec. 706.006,
31702880 Transportation Code) . . . $30 for each violation;
31712881 [(5) administrative fee for failure to pay or satisfy
31722882 certain judgments (Sec. 706.006, Transportation Code) . . . $30;
31732883 and
31742884 [(6)] administrative fee on dismissal of charge of
31752885 driving a commercial motor vehicle without a commercial driver's
31762886 license or commercial learner's permit (Sec. 522.011,
31772887 Transportation Code) . . . not to exceed $10.
3178- SECTION 4.26. Section 103.0214, Government Code, is amended
2888+ SECTION 3.26. Section 103.0214, Government Code, is amended
31792889 to read as follows:
31802890 Sec. 103.0214. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
31812891 CIVIL CASES: HEALTH AND SAFETY CODE. An accused or defendant, or a
31822892 party to a civil suit, as applicable, shall pay the following court
31832893 [fees and] costs under the Health and Safety Code if ordered by the
31842894 court or otherwise required[:
31852895 [(1) a fee to defray the cost of notifying state
31862896 agencies of orders of expungement (Sec. 161.255, Health and Safety
31872897 Code) . . . $30 per application; and
31882898 [(2)] on a finding that an animal's owner has cruelly
31892899 treated the animal, [court costs] including:
31902900 (1) [(A)] investigation (Sec. 821.023, Health and
31912901 Safety Code) . . . actual costs;
31922902 (2) [(B)] expert witnesses (Sec. 821.023, Health and
31932903 Safety Code) . . . actual costs;
31942904 (3) [(C)] housing and caring for the animal during its
31952905 impoundment (Sec. 821.023, Health and Safety Code) . . . actual
31962906 costs;
31972907 (4) [(D)] conducting any public sale ordered by the
31982908 court (Sec. 821.023, Health and Safety Code) . . . actual costs;
31992909 and
32002910 (5) [(E)] humanely destroying the animal if
32012911 destruction is ordered by the court (Sec. 821.023, Health and
32022912 Safety Code) . . . actual costs.
3203- SECTION 4.27. Section 103.024, Government Code, is amended
2913+ SECTION 3.27. Section 103.024, Government Code, is amended
32042914 to read as follows:
32052915 Sec. 103.024. MISCELLANEOUS FEES AND COSTS: CODE OF
32062916 CRIMINAL PROCEDURE. Fees and costs shall be paid or collected under
32072917 the Code of Criminal Procedure as follows:
32082918 (1) filing of a restitution lien (Art. 42.22, Code of
32092919 Criminal Procedure) . . . $5; and
32102920 (2) [issuance and service of a warrant of arrest for
32112921 certain offenses if prescribed by the municipality (Art. 45.203,
32122922 Code of Criminal Procedure) . . . not to exceed $25; and
32132923 [(3)] a fee for each agency or organization designated
32142924 by a registered sex offender for receipt of a copy of an order
32152925 making the registration nonpublic (Art. [Sec.] 62.353, Code of
32162926 Criminal Procedure) . . . $20.
3217- SECTION 4.28. Section 103.027(a), Government Code, as
2927+ SECTION 3.28. Section 103.027(a), Government Code, as
32182928 effective September 1, 2019, is amended to read as follows:
32192929 (a) Fees and costs shall be paid or collected under the
32202930 Government Code as follows:
32212931 (1) filing a certified copy of a judicial finding of
32222932 fact and conclusion of law if charged by the secretary of state
32232933 (Sec. 51.905, Government Code) . . . $15;
32242934 (2) [cost paid by each surety posting the bail bond for
32252935 an offense other than a misdemeanor punishable by fine only under
32262936 Chapter 17, Code of Criminal Procedure, for the assistant
32272937 prosecutor supplement fund and the fair defense account (Sec.
32282938 41.258, Government Code) . . . $15, provided the cost does not
32292939 exceed $30 for all bail bonds posted at that time for an individual
32302940 and the cost is not required on the posting of a personal or cash
32312941 bond;
32322942 [(3)] to participate in a court proceeding in this
32332943 state, a nonresident attorney fee (Sec. 82.0361, Government Code)
32342944 . . . $250 except as waived or reduced under supreme court rules for
32352945 representing an indigent person;
32362946 (3) [(4)] on a party's appeal of a final decision in a
32372947 contested case, the cost of preparing the original or a certified
32382948 copy of the record of the agency proceeding, if required by the
32392949 agency's rule, as a court cost (Sec. 2001.177, Government Code)
32402950 . . . as assessed by the court, all or part of the cost of
32412951 preparation[;
32422952 [(5) a program fee for a drug court program (Sec.
32432953 123.004, Government Code) . . . not to exceed $1,000;
32442954 [(6) an alcohol or controlled substance testing,
32452955 counseling, and treatment fee (Sec. 123.004, Government Code) . . .
32462956 the amount necessary to cover the costs of testing, counseling, and
32472957 treatment;
32482958 [(7) a reasonable program fee for a veterans treatment
32492959 court program (Sec. 124.005, Government Code) . . . not to exceed
32502960 $1,000;
32512961 [(8) a testing, counseling, and treatment fee for
32522962 testing, counseling, or treatment performed or provided under a
32532963 veterans treatment court program (Sec. 124.005, Government Code)
32542964 . . . the amount necessary to cover the costs of testing,
32552965 counseling, or treatment;
32562966 [(9) a nonrefundable program fee for a commercially
32572967 sexually exploited persons court program (Sec. 126.006, Government
32582968 Code) . . . a reasonable amount not to exceed $1,000, which must
32592969 include a counseling and services fee in an amount necessary to
32602970 cover the costs of counseling and services provided by the program,
32612971 a victim services fee in an amount equal to 10 percent of the total
32622972 fee, and a law enforcement training fee in an amount equal to five
32632973 percent of the total fee]; and
32642974 (4) [(10)] a district court records archive fee for
32652975 the filing of a suit, including an appeal from an inferior court, or
32662976 a cross-action, counterclaim, intervention, contempt action,
32672977 motion for new trial, or third-party petition, in any court in the
32682978 county for which the district clerk accepts filings, if authorized
32692979 by the county commissioners court (Sec. 51.305, Government Code)
32702980 . . . not more than $5.
3271- SECTION 4.29. Section 103.0292, Government Code, is amended
2981+ SECTION 3.29. Section 103.0292, Government Code, is amended
32722982 to read as follows:
32732983 Sec. 103.0292. ADDITIONAL MISCELLANEOUS FEES [AND COSTS]:
32742984 HEALTH AND SAFETY CODE. A nonrefundable reimbursement [program]
32752985 fee for a first offender prostitution prevention program
32762986 established under Section 169.002, Health and Safety Code, shall be
32772987 collected under Section 169.005, Health and Safety Code, in a
32782988 reasonable amount not to exceed $1,000, which includes:
32792989 (1) a counseling and services reimbursement fee in an
32802990 amount necessary to cover the costs of counseling and services
32812991 provided by the program; and
32822992 (2) [a victim services fee in an amount equal to 10
32832993 percent of the total fee; and
32842994 [(3)] a law enforcement training reimbursement fee in
32852995 an amount equal to five percent of the total fee.
3286- SECTION 4.30. Section 103.030, Government Code, is amended
2996+ SECTION 3.30. Section 103.030, Government Code, is amended
32872997 to read as follows:
32882998 Sec. 103.030. MISCELLANEOUS FEES AND COSTS: LOCAL
32892999 GOVERNMENT CODE. Fees and costs shall be paid or collected under
32903000 the Local Government Code as follows:
32913001 (1) services by the offices of the sheriff and
32923002 constables (Sec. 118.131, Local Government Code) . . . amount set
32933003 by county commissioners court;
32943004 (2) a filing fee or recording fee for each page of a
32953005 legal paper presented for filing or recording that fails to meet
32963006 certain requirements regarding paper size, weight, substance,
32973007 headings, legibility, the presence of typed or printed names under
32983008 each signature, and number and size of riders or attachments
32993009 (Sec. 191.007, Local Government Code) . . . twice the regular
33003010 filing fee or recording fee provided by statute for that page,
33013011 rider, or attachment;
33023012 [(3) a processing fee as authorized by the
33033013 commissioners court for the payment by credit card of a fee, court
33043014 cost, or other charge processed by a county or precinct officer
33053015 (Secs. 132.002 and 132.003, Local Government Code) . . . an amount
33063016 reasonably related to the expense incurred by the county or
33073017 precinct officer but not to exceed five percent of the amount of the
33083018 fee, court cost, or other charge being paid;
33093019 [(4) a processing fee as authorized by the governing
33103020 body of the municipality for the payment by credit card of a fee,
33113021 court cost, or other charge processed by a municipal official
33123022 (Secs. 132.002 and 132.003, Local Government Code) . . . an amount
33133023 reasonably related to the expense incurred by the municipal
33143024 official but not to exceed five percent of the amount of the fee,
33153025 court cost, or other charge being paid;
33163026 [(5) a handling fee, if authorized by the
33173027 commissioners court under Section 132.002, Local Government Code,
33183028 for electronically processing the payment of a fee, fine, court
33193029 cost, or other charge (Secs. 132.002 and 132.003, Local Government
33203030 Code):
33213031 [(A) charged at a flat rate that does not exceed
33223032 $5 for each payment transaction; or
33233033 [(B) charged at a rate reasonably related to the
33243034 expense incurred in processing a payment and that does not exceed
33253035 five percent of the amount of the fee, court cost, or other charge
33263036 being paid;
33273037 [(6) a fee, if authorized by the commissioners court,
33283038 collected by a county or precinct officer on behalf of the county
33293039 from a person making payment by credit card of a fee, court cost, or
33303040 other charge (Sec. 132.003, Local Government Code) . . . an amount
33313041 equal to the amount of any transaction fee charged to the county by
33323042 a vendor providing services in connection with payments made by
33333043 credit card;] and
33343044 (3) [(7)] a records technology and infrastructure
33353045 fee, if authorized by the commissioners court of the county (Secs.
33363046 118.026, 118.069, and 118.102, Local Government Code) . . . $2.00.
3337- SECTION 4.31. Section 123.006(c), Government Code, is
3047+ SECTION 3.31. Section 123.006(c), Government Code, is
33383048 amended to read as follows:
33393049 (c) Notwithstanding Subsection (a), a county is required to
33403050 establish a drug court program under this section only if:
33413051 (1) the county receives federal or state funding[,
33423052 including funding under Article 102.0178, Code of Criminal
33433053 Procedure,] specifically for that purpose; and
33443054 (2) the judge, magistrate, or coordinator receives the
33453055 verification described by Section 121.002(c)(2).
3346- SECTION 4.32. Section 411.145(c), Government Code, is
3056+ SECTION 3.32. Section 411.145(c), Government Code, is
33473057 amended to read as follows:
33483058 (c) A fee collected under this section shall be deposited in
33493059 the state treasury to the credit of the state highway fund, and
33503060 money deposited to the state highway fund under this section and
33513061 under Chapter 42A [and Article 102.020(h)], Code of Criminal
33523062 Procedure, may be used only to defray the cost of administering this
33533063 subchapter.
3354- SECTION 4.33. Section 420.008(b), Government Code, is
3064+ SECTION 3.33. Section 420.008(b), Government Code, is
33553065 amended to read as follows:
33563066 (b) The fund consists of fees and fines collected under:
33573067 (1) Article 42A.653(a), Code of Criminal Procedure;
33583068 (2) Section 508.189, Government Code; and
33593069 (3) Subchapter B, Chapter 102, Business & Commerce
33603070 Code, and deposited under Section 102.054.
3361- SECTION 4.34. Section 133.055(b), Local Government Code, is
3071+ SECTION 3.34. Section 133.055(b), Local Government Code, is
33623072 amended to read as follows:
33633073 (b) If the treasurer does not collect any fees during a
33643074 calendar quarter, the treasurer shall file the report required for
33653075 the quarter in the regular manner. The report must state that no
33663076 fees were collected. This subsection does not apply to fees or
33673077 fines collected under Article 42A.303 [or 42A.653], Code of
33683078 Criminal Procedure, or under Section 76.013, Government Code.
3369- SECTION 4.35. Section 133.058(d), Local Government Code, is
3079+ SECTION 3.35. Section 133.058(d), Local Government Code, is
33703080 amended to read as follows:
33713081 (d) A county may not retain a service fee on the collection
33723082 of a fee or fine:
33733083 (1) for the judicial fund;
33743084 (2) under Article 42A.303 or 42A.653, Code of Criminal
33753085 Procedure;
33763086 (3) under Section 51.851, Government Code; or
33773087 (4) under Section 51.971, Government Code.
3378- SECTION 4.36. Section 203.003, Local Government Code, is
3088+ SECTION 3.36. Section 203.003, Local Government Code, is
33793089 amended to read as follows:
33803090 Sec. 203.003. DUTIES OF COMMISSIONERS COURT. The
33813091 commissioners court of each county shall:
33823092 (1) promote and support the efficient and economical
33833093 management of records of all elective offices in the county to
33843094 enable elected county officers to conform to this subtitle and
33853095 rules adopted under it;
33863096 (2) facilitate the creation and maintenance of records
33873097 containing adequate and proper documentation of the organization,
33883098 functions, policies, decisions, procedures, and essential
33893099 transactions of each elective office and designed to furnish the
33903100 information necessary to protect the legal and financial rights of
33913101 the local government, the state, and the persons affected by the
33923102 activities of the local government;
33933103 (3) facilitate the identification and preservation of
33943104 the records of elective offices that are of permanent value;
33953105 (4) facilitate the identification and protection of
33963106 the essential records of elective offices;
33973107 (5) establish a county clerk records management and
33983108 preservation fund for fees subject to Section 118.0216 and approve
33993109 in advance any expenditures from the fund; and
34003110 (6) establish a records management and preservation
34013111 fund for the records management and preservation fees authorized
34023112 under Sections 118.052, 118.0546, and 118.0645, and Section 51.317,
34033113 Government Code, [and Article 102.005(d), Code of Criminal
34043114 Procedure,] and approve in advance any expenditures from the fund,
34053115 which may be spent only for records management preservation or
34063116 automation purposes in the county.
3407- SECTION 4.37. Section 12.110(d), Parks and Wildlife Code,
3117+ SECTION 3.37. Section 12.110(d), Parks and Wildlife Code,
34083118 is amended to read as follows:
34093119 (d) The department may sell confiscated live game described
34103120 by Subsection (a) to the highest of three bidders. At the time of a
34113121 sale under this subsection, the department shall provide the buyer
34123122 a receipt for all game sold to the buyer. The department shall
34133123 deposit the proceeds of the sale in the state treasury to the credit
34143124 of the appropriate suspense fund pending the outcome of any action
34153125 against the person charged with an unlawful action described by
34163126 Subsection (a). [If that person is found guilty, pleads guilty or
34173127 nolo contendere, is placed on deferred adjudication, or fails to
34183128 appear in accordance with a notice described by Section 12.106 or
34193129 another law requiring that, as a condition of release, the
34203130 defendant subsequently appear before a court to answer for the
34213131 offense, the department shall transfer the proceeds of the sale to
34223132 the credit of the game, fish, and water safety account.] If the
34233133 person is acquitted by the trial court, the charges against the
34243134 person are dismissed, or the statute of limitations period for the
34253135 prosecution of the offense has expired, the department shall pay
34263136 the proceeds of the sale to the person from whom the game was
34273137 seized.
3428- SECTION 4.38. Sections 542.402(b), (b-2), (d), and (d-1),
3138+ SECTION 3.38. Sections 542.402(b), (b-2), (d), and (d-1),
34293139 Transportation Code, are amended to read as follows:
34303140 (b) In each fiscal year, a municipality having a population
34313141 of less than 5,000 may retain, from fines collected for violations
34323142 of this title and fines [from special expenses] collected under
34333143 Article 45.051(a) [45.051], Code of Criminal Procedure, in cases in
34343144 which a violation of this title is alleged, an amount equal to 30
34353145 percent of the municipality's revenue for the preceding fiscal year
34363146 from all sources, other than federal funds and bond proceeds, as
34373147 shown by the audit performed under Section 103.001, Local
34383148 Government Code. After a municipality has retained that amount,
34393149 the municipality shall send to the comptroller any portion of a fine
34403150 [or a special expense] collected that exceeds $1.
34413151 (b-2) In each fiscal year, a county described by Subsection
34423152 (b-1) may retain, from fines collected for violations of this title
34433153 and from fines [special expenses] collected under Article 45.051(a)
34443154 [45.051], Code of Criminal Procedure, in cases in which a violation
34453155 of this title is alleged, an amount equal to 30 percent of the
34463156 county's revenue for the preceding fiscal year from all sources,
34473157 other than federal funds and bond proceeds, as shown by an audit
34483158 performed under Chapter 115, Local Government Code. After a county
34493159 has retained that amount, the county shall send to the comptroller
34503160 any portion of a fine [or a special expense] collected that exceeds
34513161 $1.
34523162 (d) In a fiscal year in which a municipality retains from
34533163 fines and special expenses collected for violations of this title
34543164 an amount equal to at least 20 percent of the municipality's revenue
34553165 for the preceding fiscal year from all sources other than federal
34563166 funds and bond proceeds, not later than the 120th day after the last
34573167 day of the municipality's fiscal year, the municipality shall send
34583168 to the comptroller:
34593169 (1) a copy of the municipality's financial statement
34603170 for that fiscal year filed under Chapter 103, Local Government
34613171 Code; and
34623172 (2) a report that shows the total amount collected for
34633173 that fiscal year from fines [and special expenses] under Subsection
34643174 (b).
34653175 (d-1) In a fiscal year in which a county retains from fines
34663176 and special expenses collected for violations of this title an
34673177 amount equal to at least 20 percent of the county's revenue for the
34683178 preceding fiscal year from all sources other than federal funds and
34693179 bond proceeds, not later than the 120th day after the last day of
34703180 the county's fiscal year, the county shall send to the comptroller:
34713181 (1) a copy of the county's financial statement; and
34723182 (2) a report that shows the total amount collected for
34733183 that fiscal year from fines [and special expenses] under Subsection
34743184 (b-1).
3475- SECTION 4.39. Section 706.005(a), Transportation Code, is
3185+ SECTION 3.39. Section 706.005(a), Transportation Code, is
34763186 amended to read as follows:
34773187 (a) A political subdivision shall immediately notify the
34783188 department that there is no cause to continue to deny renewal of a
34793189 person's driver's license based on the person's previous failure to
34803190 appear or failure to pay or satisfy a judgment ordering the payment
34813191 of a fine and cost in the manner ordered by the court in a matter
34823192 involving an offense described by Section 706.002(a), on payment of
34833193 a reimbursement fee as provided by Section 706.006 and:
34843194 (1) the perfection of an appeal of the case for which
34853195 the warrant of arrest was issued or judgment arose;
34863196 (2) the dismissal of the charge for which the warrant
34873197 of arrest was issued or judgment arose, other than a dismissal with
34883198 prejudice by motion of the appropriate prosecuting attorney for
34893199 lack of evidence;
34903200 (3) the posting of bond or the giving of other security
34913201 to reinstate the charge for which the warrant was issued;
34923202 (4) the payment or discharge of the fine and cost owed
34933203 on an outstanding judgment of the court; or
34943204 (5) other suitable arrangement to pay the fine and
34953205 cost within the court's discretion.
3496- SECTION 4.40. The following provisions are repealed:
3206+ SECTION 3.40. The following provisions are repealed:
34973207 (1) Articles 102.001(f) and (h), Code of Criminal
34983208 Procedure;
34993209 (2) Article 102.0071, Code of Criminal Procedure;
35003210 (3) Article 102.022, Code of Criminal Procedure;
35013211 (4) Sections 202.005(c) and (d), Family Code;
35023212 (5) Section 30.00014(f), Government Code;
35033213 (6) Sections 30.00147(b) and (g), Government Code;
35043214 (7) Section 54.313, Government Code;
35053215 (8) Section 54.663, Government Code;
35063216 (9) Sections 54.745(b) and (c), Government Code;
35073217 (10) Section 54.883, Government Code;
35083218 (11) Section 54.913, Government Code;
35093219 (12) Section 54.983, Government Code;
35103220 (13) Section 101.0813, Government Code;
35113221 (14) Section 102.0211, Government Code;
35123222 (15) Section 102.0213, Government Code;
35133223 (16) Section 102.0214, Government Code;
35143224 (17) Section 102.041, Government Code;
35153225 (18) Section 102.0415, Government Code;
35163226 (19) Section 102.042, Government Code;
35173227 (20) Section 102.061, Government Code;
35183228 (21) Section 102.0615, Government Code;
35193229 (22) Section 102.062, Government Code;
35203230 (23) Section 102.081, Government Code;
35213231 (24) Section 102.082, Government Code;
35223232 (25) Section 102.101, Government Code;
35233233 (26) Section 102.103, Government Code;
35243234 (27) Section 102.121, Government Code;
35253235 (28) Section 102.142, Government Code;
35263236 (29) Section 123.003(b), Government Code;
35273237 (30) Section 124.004(b), Government Code;
35283238 (31) Section 129.005(b), Government Code;
35293239 (32) Section 152.0522, Human Resources Code;
35303240 (33) Sections 133.103(b) and (d), Local Government
35313241 Code; and
35323242 (34) Section 12.110(b), Parks and Wildlife Code.
3533- ARTICLE 5. TRANSITION AND EFFECTIVE DATE
3534- SECTION 5.01. Except as otherwise provided by this Act, the
3535- changes in law made by this Act apply only to a cost, fee, or fine on
3536- conviction for an offense committed on or after the effective date
3537- of this Act. An offense committed before the effective date of this
3538- Act is governed by the law in effect on the date the offense was
3539- committed, and the former law is continued in effect for that
3540- purpose. For purposes of this section, an offense was committed
3541- before the effective date of this Act if any element of the offense
3542- occurred before that date.
3543- SECTION 5.02. Article 45.051(a-1), Code of Criminal
3544- Procedure, as reenacted and amended by this Act, applies to a
3545- sentencing proceeding that commences before, on, or after the
3546- effective date of this Act.
3547- SECTION 5.03. To the extent of any conflict, this Act
3243+ ARTICLE 4. TRANSITION AND EFFECTIVE DATE
3244+ SECTION 4.01. The changes in law made by this Act apply only
3245+ to a cost, fee, or fine on conviction for an offense committed on or
3246+ after the effective date of this Act. An offense committed before
3247+ the effective date of this Act is governed by the law in effect on
3248+ the date the offense was committed, and the former law is continued
3249+ in effect for that purpose. For purposes of this section, an
3250+ offense was committed before the effective date of this Act if any
3251+ element of the offense occurred before that date.
3252+ SECTION 4.02. To the extent of any conflict, this Act
35483253 prevails over another Act of the 86th Legislature, Regular Session,
35493254 2019, relating to nonsubstantive additions to and corrections in
35503255 enacted codes.
3551- SECTION 5.04. This Act takes effect January 1, 2020.
3552- ______________________________ ______________________________
3553- President of the Senate Speaker of the House
3554- I hereby certify that S.B. No. 346 passed the Senate on
3555- April 17, 2019, by the following vote: Yeas 30, Nays 1; and that
3556- the Senate concurred in House amendments on May 23, 2019, by the
3557- following vote: Yeas 30, Nays 1.
3558- ______________________________
3559- Secretary of the Senate
3560- I hereby certify that S.B. No. 346 passed the House, with
3561- amendments, on May 21, 2019, by the following vote: Yeas 145,
3562- Nays 1, one present not voting.
3563- ______________________________
3564- Chief Clerk of the House
3565- Approved:
3566- ______________________________
3567- Date
3568- ______________________________
3569- Governor
3256+ SECTION 4.03. This Act takes effect January 1, 2020.