88R612 ADM-D
By: Lopez of Cameron H.B. No. 2338
A BILL TO BE ENTITLED
AN ACT
relating to the amount of the reimbursement fee paid by a defendant
for a peace officer's services in executing or processing an arrest
warrant, capias, or capias pro fine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.011(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A defendant convicted of a felony or a misdemeanor shall
pay the following reimbursement fees to defray the cost of the
services provided in the case by a peace officer:
(1) $5 for issuing a written notice to appear in court
following the defendant's violation of a traffic law, municipal
ordinance, or penal law of this state, or for making an arrest
without a warrant;
(2) $75 if the defendant is convicted of a felony, a
Class A misdemeanor, or a Class B misdemeanor, or $50 if the
defendant is convicted only of a Class C misdemeanor, for executing
or processing an issued arrest warrant, capias, or capias pro fine,
with the fee imposed for the services of:
(A) the law enforcement agency that executed the
arrest warrant or capias, if the agency requests of the court, not
later than the 15th day after the date of the execution of the
arrest warrant or capias, the imposition of the fee on conviction;
or
(B) the law enforcement agency that processed the
arrest warrant or capias, if:
(i) the arrest warrant or capias was not
executed; or
(ii) the executing law enforcement agency
failed to request the fee within the period required by Paragraph
(A);
(3) $5 for summoning a witness;
(4) $35 for serving a writ not otherwise listed in this
article;
(5) $10 for taking and approving a bond and, if
necessary, returning the bond to the courthouse;
(6) $5 for commitment or release;
(7) $5 for summoning a jury, if a jury is summoned; and
(8) $8 for each day's attendance of a prisoner in a
habeas corpus case if the prisoner has been remanded to custody or
held to bail.
SECTION 2. The change in law made by this Act applies only
to a fee imposed for the execution or processing of an arrest
warrant, capias, or capias pro fine issued for an offense committed
on or after the effective date of this Act. A fee imposed for the
execution or processing of an arrest warrant, capias, or capias pro
fine issued for an offense committed before the effective date of
this Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 3. This Act takes effect September 1, 2023.