Bill Text: TX SB346 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the consolidation, allocation, classification, and repeal of certain criminal court costs and other court-related costs, fines, and fees; imposing certain court costs and fees and increasing and decreasing the amounts of certain other court costs and fees.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-15 - Effective on 1/1/20 [SB346 Detail]
Download: Texas-2019-SB346-Enrolled.html
S.B. No. 346 |
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relating to the consolidation, allocation, classification, and | ||
repeal of certain criminal court costs and other court-related | ||
costs, fines, and fees; imposing certain court costs and fees and | ||
increasing and decreasing the amounts of certain other court costs | ||
and fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. CONSOLIDATED COURT COSTS | ||
SECTION 1.01. Section 133.001, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 133.001. PURPOSE. The purpose of this chapter is to | ||
consolidate and standardize: | ||
(1) collection of fees payable to the comptroller in | ||
criminal and civil matters by: | ||
(A) an officer of a court for deposit in a county | ||
or municipal treasury; or | ||
(B) an officer of a county or municipality for | ||
deposit in the county or municipal treasury, as appropriate; | ||
(2) remittance of those fees to the comptroller as | ||
required by this chapter and other law; and | ||
(3) distribution of those fees by the comptroller to | ||
the proper accounts and funds in the state treasury. | ||
SECTION 1.02. Section 133.003, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 133.003. CRIMINAL FEES. This chapter applies to the | ||
following criminal fees: | ||
(1) the consolidated fee imposed under Section | ||
133.102; | ||
(2) [ |
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the state imposed under Article 102.011, Code of Criminal | ||
Procedure, and forwarded to the comptroller as provided by Section | ||
133.104 of this code; and | ||
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621.506(g), Transportation Code[ |
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SECTION 1.03. Sections 133.102(a), (c), (d), (e), and (f), | ||
Local Government Code, are amended to read as follows: | ||
(a) A person convicted of an offense shall pay as a court | ||
cost, in addition to all other costs: | ||
(1) $185 [ |
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(2) $147 [ |
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misdemeanor; or | ||
(3) $62 [ |
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misdemeanor offense, including a criminal violation of a municipal | ||
ordinance, other than a conviction of an offense relating to a | ||
pedestrian or the parking of a motor vehicle. | ||
(c) The money collected under this section as court costs | ||
imposed on offenses committed on or after January 1, 2020 [ |
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shall be allocated according to the percentages provided in | ||
Subsection (e). | ||
(d) The money collected as court costs imposed on offenses | ||
committed before January 1, 2004, shall be distributed using | ||
historical data so that each account or fund receives the same | ||
amount of money the account or fund would have received if the court | ||
costs for the accounts and funds had been collected and reported | ||
separately. The money collected as court costs imposed on offenses | ||
committed on or after January 1, 2004, but before January 1, 2020, | ||
shall be allocated according to the percentages provided in | ||
Subsection (e), as that subsection existed and was applied on | ||
December 31, 2019. | ||
(e) The comptroller shall allocate the court costs received | ||
under this section to the following accounts and funds so that each | ||
receives to the extent practicable, utilizing historical data as | ||
applicable, the same amount of money the account or fund would have | ||
received if the court costs for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) crime stoppers assistance account 0.2427 | ||
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(2) breath alcohol testing account 0.3900 | ||
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(3) Bill Blackwood Law Enforcement Management | ||
Institute account 1.4741 [ |
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(4) Texas Commission on Law Enforcement | ||
account 3.4418 | ||
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(5) law enforcement and custodial officer supplement | ||
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(6) criminal justice planning account 8.5748 | ||
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(7) an account in the state treasury to be used only | ||
for the establishment and operation of the Center for the Study and | ||
Prevention of Juvenile Crime and Delinquency at Prairie View | ||
A&M University 0.8540 [ |
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(8) compensation to victims of crime account 24.6704 | ||
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(9) emergency radio infrastructure account 3.6913 | ||
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(10) judicial and court personnel training | ||
account3.3224 [ |
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(11) an account in the state treasury to be used for | ||
the establishment and operation of the Correctional Management | ||
Institute of Texas and Criminal Justice Center Account 0.8522 | ||
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(12) fair defense account 17.8857 [ |
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(13) judicial fund 12.2667 percent; | ||
(14) DNA testing account 0.1394 percent; | ||
(15) specialty court account 1.0377 percent; | ||
(16) statewide electronic filing system | ||
account 0.5485 percent; | ||
(17) jury service fund 6.4090 percent; | ||
(18) truancy prevention and diversion account 2.5956 | ||
percent; and | ||
(19) transportation administrative fee account 4.3363 | ||
percent. | ||
(f) Of each dollar credited to the Texas Commission on Law | ||
Enforcement [ |
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account under Subsection (e)(4) [ |
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(1) 33.3 cents may be used only to pay administrative | ||
expenses; and | ||
(2) the remainder may be used only to pay expenses | ||
related to continuing education for persons licensed under Chapter | ||
1701, Occupations Code. | ||
SECTION 1.04. Chapter 133, Local Government Code, is | ||
amended by adding Subchapter C-1 to read as follows: | ||
SUBCHAPTER C-1. ALLOCATION AND USE OF CERTAIN CRIMINAL FEES | ||
Sec. 133.121. ALLOCATION OF FEES TO SPECIALTY COURT | ||
ACCOUNT. (a) The specialty court account is an account in the | ||
general revenue fund. The account consists of money allocated to | ||
the account under Section 133.102(e). Money in the account may be | ||
used only to fund specialty court programs established under | ||
Subtitle K, Title 2, Government Code. | ||
(b) The legislature may appropriate money from the | ||
specialty court account only to the criminal justice division of | ||
the governor's office for distribution to specialty court programs | ||
that apply for the money. | ||
Sec. 133.122. ALLOCATION OF FEES TO JURY SERVICE FUND. | ||
(a) The jury service fund is created in the state treasury. The | ||
fund consists of money allocated to the fund under Section | ||
133.102(e). Money in the fund may be appropriated only to provide | ||
juror reimbursements to counties. | ||
(b) If, at any time, the unexpended balance of the jury | ||
service fund exceeds $10 million, the comptroller shall transfer | ||
the amount in excess of $10 million to the fair defense account. | ||
Sec. 133.123. ALLOCATION OF FEES TO DNA TESTING ACCOUNT. | ||
The DNA testing account is an account in the general revenue fund. | ||
The account consists of money allocated to the account under | ||
Section 133.102(e). Money in the account may be appropriated only | ||
to the Department of Public Safety to help defray the cost of | ||
collecting or analyzing DNA samples provided by defendants who are | ||
required to pay a court cost under Section 133.102. | ||
Sec. 133.124. ALLOCATION OF FEES TO TRANSPORTATION | ||
ADMINISTRATIVE FEE ACCOUNT. The transportation administrative fee | ||
account is an account in the general revenue fund. The account | ||
consists of money allocated to the account under Section | ||
133.102(e). Money in the account may be appropriated only to the | ||
Department of Public Safety to defray the administrative costs | ||
associated with implementing Chapter 706, Transportation Code. | ||
SECTION 1.05. Subtitle C, Title 4, Local Government Code, | ||
is amended by adding Chapter 134 to read as follows: | ||
CHAPTER 134. CRIMINAL FEES PAYABLE TO LOCAL GOVERNMENT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 134.001. PURPOSE. The purpose of this chapter is to | ||
consolidate and standardize collection of fees payable to a local | ||
government in criminal matters by: | ||
(1) an officer of a court for deposit in a county or | ||
municipal treasury; or | ||
(2) an officer of a county or municipality for deposit | ||
in the county or municipal treasury, as appropriate. | ||
Sec. 134.002. DEFINITIONS. (a) In this chapter: | ||
(1) "Fee" means a criminal fee listed under Section | ||
134.003. | ||
(2) "Treasurer" means the custodian of money in a | ||
municipal or county treasury, as appropriate. | ||
(b) In this chapter, a person is considered to have been | ||
convicted in a case if: | ||
(1) a judgment, a sentence, or both a judgment and a | ||
sentence are imposed on the person; | ||
(2) the person receives community supervision, | ||
deferred adjudication, or deferred disposition; or | ||
(3) the court defers final disposition of the case or | ||
imposition of the judgment and sentence. | ||
Sec. 134.003. CRIMINAL FEES. This chapter applies to the | ||
criminal fees imposed under Sections 134.101, 134.102, and 134.103. | ||
SUBCHAPTER B. COLLECTION AND REMITTANCE OF LOCAL CRIMINAL FEES | ||
Sec. 134.051. COLLECTION, REMITTANCE, AND DEPOSIT OF FEES. | ||
(a) A court clerk shall collect and remit to the county or | ||
municipal treasurer, as applicable, all fees in the manner provided | ||
by this section. | ||
(b) An officer collecting a fee in a case in municipal court | ||
shall remit the money to the municipal treasurer for deposit in the | ||
municipal treasury. | ||
(c) An officer collecting a fee in a justice, county, or | ||
district court shall remit the money to the county treasurer for | ||
deposit in the county treasury. | ||
(d) A court clerk collecting a fee shall remit the money to | ||
the municipal or county treasurer, as applicable, for deposit in | ||
the municipal or county treasury, as appropriate. | ||
Sec. 134.052. ALLOCATION OF DEPOSITED FEES. (a) Money | ||
collected under Subchapter C as court costs imposed on offenses | ||
committed on or after January 1, 2020, shall be allocated according | ||
to the percentages provided by Sections 134.101, 134.102, and | ||
134.103, as applicable. | ||
(b) Money collected under Subchapter C as court costs | ||
imposed on offenses committed before January 1, 2020, shall be | ||
distributed using historical data so that each account or fund | ||
receives the same amount of money the account or fund would have | ||
received if the court costs for the accounts and funds had been | ||
collected and reported separately. | ||
SUBCHAPTER C. LOCAL CRIMINAL FEES | ||
Sec. 134.101. LOCAL CONSOLIDATED FEE ON CONVICTION OF | ||
FELONY. (a) A person convicted of a felony shall pay $105 as a | ||
court cost, in addition to all other costs, on conviction. | ||
(b) The treasurer shall allocate the court costs received | ||
under this section to the following accounts and funds so that each | ||
receives to the extent practicable, utilizing historical data as | ||
applicable, the same amount of money the account or fund would have | ||
received if the court costs for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) the clerk of the court account 38.0953 percent; | ||
(2) the county records management and preservation | ||
fund 23.8095 percent; | ||
(3) the county jury fund 0.9524 percent; | ||
(4) the courthouse security fund 9.5238 percent; | ||
(5) the county and district court technology | ||
fund 3.8095 percent; and | ||
(6) the county specialty court account 23.8095 | ||
percent. | ||
Sec. 134.102. LOCAL CONSOLIDATED FEE ON CONVICTION OF CLASS | ||
A OR B MISDEMEANOR. (a) A person convicted of a Class A or Class B | ||
misdemeanor shall pay $123 as a court cost, in addition to all other | ||
costs, on conviction. | ||
(b) The treasurer shall allocate the court costs received | ||
under this section to the following accounts and funds so that each | ||
receives to the extent practicable, utilizing historical data as | ||
applicable, the same amount of money the account or fund would have | ||
received if the court costs for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) the clerk of the court account 32.5203 percent; | ||
(2) the county records management and preservation | ||
fund 20.3252 percent; | ||
(3) the account for prosecutor's fees 16.2602 | ||
percent; | ||
(4) the county jury fund 0.8130 percent; | ||
(5) the courthouse security fund 8.1301 percent; | ||
(6) the county and district court technology | ||
fund 3.2520 percent; | ||
(7) the court reporter service fund 2.4390 percent; | ||
and | ||
(8) the county specialty court account 16.2602 | ||
percent. | ||
Sec. 134.103. LOCAL CONSOLIDATED FEE ON CONVICTION OF | ||
NONJAILABLE MISDEMEANOR. (a) A person convicted of a nonjailable | ||
misdemeanor offense, including a criminal violation of a municipal | ||
ordinance, shall pay $14 as a court cost, in addition to all other | ||
costs, on conviction. | ||
(b) The treasurer shall allocate the court costs received | ||
under this section to the following accounts and funds so that each | ||
receives to the extent practicable, utilizing historical data as | ||
applicable, the same amount of money the account or fund would have | ||
received if the court costs for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) the courthouse security fund or municipal court | ||
building security fund, as appropriate 35 percent; | ||
(2) the local truancy prevention and diversion | ||
fund 35.7143 percent; | ||
(3) the justice court technology fund or municipal | ||
court technology fund, as appropriate 28.5714 percent; and | ||
(4) the county or municipal jury fund, as | ||
appropriate0.7143 percent. | ||
SUBCHAPTER D. ALLOCATION AND USE OF CERTAIN CRIMINAL FEES | ||
Sec. 134.151. MAINTENANCE OF FUNDS AND ACCOUNTS. (a) A | ||
county or municipal treasurer, as applicable, shall maintain in the | ||
county or municipal treasury a fund or account to which money is | ||
allocated under Section 134.101, 134.102, or 134.103, to the extent | ||
that the fund or account is not required by other law. Money in an | ||
account maintained under this section may be used only for the | ||
purposes provided by this subchapter. | ||
(b) An account or fund maintained under this section in a | ||
county treasury may be administered by or at the direction of the | ||
county commissioners court. | ||
Sec. 134.152. CLERK OF THE COURT ACCOUNT. Money allocated | ||
under Section 134.101 or 134.102 to the clerk of the court account | ||
maintained in the county treasury as required by Section 134.151 | ||
may be used by a county only to defray costs of services provided by | ||
a county or district clerk. | ||
Sec. 134.153. COUNTY SPECIALTY COURT ACCOUNT. Money | ||
allocated under Section 134.101 or 134.102 to the county specialty | ||
court account maintained in the county treasury as required by | ||
Section 134.151 may be used by a county only to fund specialty court | ||
programs established under Subtitle K, Title 2, Government Code. | ||
Sec. 134.154. COUNTY OR MUNICIPAL JURY FUND. Money | ||
allocated under Section 134.101, 134.102, or 134.103 to the county | ||
or municipal jury fund maintained in the county or municipal | ||
treasury, as applicable, and as required by Section 134.151 may be | ||
used by a county or municipality only to fund juror reimbursements | ||
and otherwise finance jury services. | ||
Sec. 134.155. COUNTY RECORDS MANAGEMENT AND PRESERVATION | ||
FUND. Money allocated under Section 134.101 or 134.102 to the | ||
county records management and preservation fund maintained in the | ||
county treasury as required by Section 134.151 may be used by a | ||
county only to fund records management and preservation services | ||
performed by the court clerk. | ||
Sec. 134.156. LOCAL TRUANCY PREVENTION AND DIVERSION FUND. | ||
(a) Money allocated under Section 134.103 to the local truancy | ||
prevention and diversion fund maintained in the county or municipal | ||
treasury as required by Section 134.151 may be used by a county or | ||
municipality to finance the salary, benefits, training, travel | ||
expenses, office supplies, and other necessary expenses relating to | ||
the position of a juvenile case manager employed under Article | ||
45.056, Code of Criminal Procedure. If there is money in the fund | ||
after those costs are paid, subject to the direction of the | ||
governing body of the county or municipality and on approval by the | ||
employing court, a juvenile case manager may direct the remaining | ||
money to be used to implement programs directly related to the | ||
duties of the juvenile case manager, including juvenile alcohol and | ||
substance abuse programs, educational and leadership programs, and | ||
any other projects designed to prevent or reduce the number of | ||
juvenile referrals to the court. | ||
(b) Money in the fund may not be used to supplement the | ||
income of an employee whose primary role is not that of a juvenile | ||
case manager. | ||
Sec. 134.157. ACCOUNT FOR PROSECUTOR'S FEES. Money | ||
allocated under Section 134.102 to the account for prosecutor's | ||
fees maintained in the county treasury as required by Section | ||
134.151 may be used by a county only to defray the costs of services | ||
provided by a prosecutor. | ||
SECTION 1.06. Article 102.015, Code of Criminal Procedure, | ||
is transferred to Subchapter C-1, Chapter 133, Local Government | ||
Code, as added by this article, redesignated as Section 133.125, | ||
and amended to read as follows: | ||
Sec. 133.125 [ |
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truancy prevention and diversion account [ |
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account in the general revenue fund. The account consists of money | ||
allocated to the account under Section 133.102(e). | ||
(b) [ |
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prevention and diversion account only to the criminal justice | ||
division of the governor's office for distribution to local | ||
governmental entities for truancy prevention and intervention | ||
services. | ||
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from the criminal justice division of the governor's office for | ||
providing truancy prevention and intervention services. The | ||
division may award the requested funds based on the availability of | ||
appropriated funds and subject to the application procedure and | ||
eligibility requirements specified by division rule. | ||
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SECTION 1.07. Article 102.0169, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 102.0169. [ |
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TECHNOLOGY FUND. (a) [ |
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the county treasury. The fund consists of money allocated to the | ||
fund under Sections 134.101 and 134.102, Local Government Code. | ||
(b) Money in the county and district court technology fund | ||
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finance: | ||
(1) the cost of continuing education and training for | ||
county court, statutory county court, or district court judges and | ||
clerks regarding technological enhancements for those courts; and | ||
(2) the purchase and maintenance of technological | ||
enhancements for a county court, statutory county court, or | ||
district court, including: | ||
(A) computer systems; | ||
(B) computer networks; | ||
(C) computer hardware; | ||
(D) computer software; | ||
(E) imaging systems; | ||
(F) electronic kiosks; and | ||
(G) docket management systems. | ||
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shall be administered by or under the direction of the | ||
commissioners court of the county. | ||
SECTION 1.08. Article 102.017, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 102.017. [ |
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MUNICIPAL COURT BUILDING SECURITY FUND; JUSTICE COURT BUILDING | ||
SECURITY FUND. (a) The [ |
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treasury, and [ |
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building security fund is a fund in the municipal treasury. The | ||
funds consist of money allocated to the funds under Sections | ||
134.101, 134.102, and 134.103, Local Government Code[ |
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(b) Money deposited in a courthouse security fund may be | ||
used only for security personnel, services, and items related to | ||
buildings that house the operations of district, county, or justice | ||
courts, and money deposited in a municipal court building security | ||
fund may be used only for security personnel, services, and items | ||
related to buildings that house the operations of municipal | ||
courts. For purposes of this subsection, operations of a district, | ||
county, or justice court include the activities of associate | ||
judges, masters, magistrates, referees, hearing officers, criminal | ||
law magistrate court judges, and masters in chancery appointed | ||
under: | ||
(1) Section 61.311, Alcoholic Beverage Code; | ||
(2) Section 51.04(g) or Chapter 201, Family Code; | ||
(3) Section 574.0085, Health and Safety Code; | ||
(4) Section 33.71, Tax Code; | ||
(5) Chapter 54A, Government Code; or | ||
(6) Rule 171, Texas Rules of Civil Procedure. | ||
(c) [ |
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"security personnel, services, and items" includes: | ||
(1) the purchase or repair of X-ray machines and | ||
conveying systems; | ||
(2) handheld metal detectors; | ||
(3) walkthrough metal detectors; | ||
(4) identification cards and systems; | ||
(5) electronic locking and surveillance equipment; | ||
(6) video teleconferencing systems; | ||
(7) bailiffs, deputy sheriffs, deputy constables, or | ||
contract security personnel during times when they are providing | ||
appropriate security services; | ||
(8) signage; | ||
(9) confiscated weapon inventory and tracking | ||
systems; | ||
(10) locks, chains, alarms, or similar security | ||
devices; | ||
(11) the purchase or repair of bullet-proof glass; | ||
(12) continuing education on security issues for court | ||
personnel and security personnel; and | ||
(13) warrant officers and related equipment. | ||
(d) [ |
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court located in a county in which one or more justice courts are | ||
located in a building that is not the county courthouse. | ||
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the money allocated to the courthouse security fund under Section | ||
134.103, Local Government Code, in [ |
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fund. A fund designated by this subsection may be used only for the | ||
purpose of providing security personnel, services, and items for a | ||
justice court located in a building that is not the county | ||
courthouse. | ||
(e) The courthouse security fund and the justice court | ||
building security fund shall be administered by or under the | ||
direction of the commissioners court. The municipal court building | ||
security fund shall be administered by or under the direction of the | ||
governing body of the municipality. | ||
(f) The sheriff, constable, or other law enforcement agency | ||
or entity that provides security for a court shall provide to the | ||
Office of Court Administration of the Texas Judicial System a | ||
written report regarding any security incident involving court | ||
security that occurs in or around a building housing a court for | ||
which the sheriff, constable, agency, or entity provides security | ||
not later than the third business day after the date the incident | ||
occurred. A copy of the report must be provided to the presiding | ||
judge of the court in which the incident occurred. The report is | ||
confidential and exempt from disclosure under Chapter 552, | ||
Government Code. | ||
SECTION 1.09. Article 102.0172, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 102.0172. [ |
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FUND. (a) The [ |
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treasury. The fund consists of money allocated to the fund under | ||
Section 134.103, Local Government Code [ |
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(b) Money in a municipal court technology fund [ |
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finance the purchase of or to maintain technological enhancements | ||
for a municipal court or municipal court of record, including: | ||
(1) computer systems; | ||
(2) computer networks; | ||
(3) computer hardware; | ||
(4) computer software; | ||
(5) imaging systems; | ||
(6) electronic kiosks; | ||
(7) electronic ticket writers; and | ||
(8) docket management systems. | ||
(c) [ |
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administered by or under the direction of the governing body of the | ||
municipality. | ||
SECTION 1.10. Article 102.0173, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 102.0173. [ |
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FUND. (a) The [ |
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treasury. The fund consists of money allocated to the fund under | ||
Section 134.103, Local Government Code. [ |
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(b) Money in the justice court technology [ |
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to finance: | ||
(1) the cost of continuing education and training for | ||
justice court judges and clerks regarding technological | ||
enhancements for justice courts; and | ||
(2) the purchase and maintenance of technological | ||
enhancements for a justice court, including: | ||
(A) computer systems; | ||
(B) computer networks; | ||
(C) computer hardware; | ||
(D) computer software; | ||
(E) imaging systems; | ||
(F) electronic kiosks; | ||
(G) electronic ticket writers; and | ||
(H) docket management systems. | ||
(c) [ |
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administered by or under the direction of the commissioners court | ||
of the county. | ||
(d) [ |
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the commissioners court, use a fund designated by this article to | ||
assist a constable's office or other county department with a | ||
technological enhancement, or cost related to the enhancement, | ||
described by Subsection (b)(1) [ |
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directly relates to the operation or efficiency of the justice | ||
court. This subsection applies only to a county that: | ||
(1) has a population of 125,000 or more; | ||
(2) is not adjacent to a county of two million or more; | ||
(3) contains a portion of the Guadalupe River; and | ||
(4) contains a portion of Interstate Highway 10. | ||
SECTION 1.11. The heading to Section 51.702, Government | ||
Code, is amended to read as follows: | ||
Sec. 51.702. ADDITIONAL FEES [ |
||
COUNTY COURTS. | ||
SECTION 1.12. Sections 51.702(c), (d), and (e), Government | ||
Code, are amended to read as follows: | ||
(c) Fees [ |
||
be collected in the same manner as other fees, fines, or costs are | ||
collected in the case. | ||
(d) The clerk shall deposit the fees [ |
||
under this section to be sent to the comptroller as provided by | ||
Subchapter B, Chapter 133, Local Government Code. The comptroller | ||
shall deposit the fees in the judicial fund. | ||
(e) Section 51.320 applies to a fee [ |
||
under this section. | ||
SECTION 1.13. The heading to Section 51.703, Government | ||
Code, is amended to read as follows: | ||
Sec. 51.703. ADDITIONAL FEES [ |
||
COURTS. | ||
SECTION 1.14. Sections 51.703(c), (d), and (e), Government | ||
Code, are amended to read as follows: | ||
(c) Fees [ |
||
be collected in the same manner as other fees, fines, or costs are | ||
collected in the case. | ||
(d) The clerk shall deposit the fees [ |
||
under this section to be sent to the comptroller as provided by | ||
Subchapter B, Chapter 133, Local Government Code. The comptroller | ||
shall deposit the fees in the judicial fund. | ||
(e) Section 51.320 applies to a fee [ |
||
under this section. | ||
SECTION 1.15. Sections 51.851(e), (f), (g), (i), (j), and | ||
(k), Government Code, are amended to read as follows: | ||
(e) A court may waive payment of a [ |
||
under this section for an individual the court determines is | ||
indigent. | ||
(f) Fees [ |
||
be collected in the same manner as other fees, fines, or costs in | ||
the case. | ||
(g) The clerk of a district court, a county court, a | ||
statutory county court, a statutory probate court, or a justice | ||
court shall deposit the [ |
||
section in the appropriate local treasury and remit the [ |
||
|
||
Subchapter B, Chapter 133, Local Government Code. | ||
(i) The comptroller shall deposit the [ |
||
received under this section to the credit of the statewide | ||
electronic filing system fund established under Section 51.852. | ||
(j) The comptroller may audit the records of a county | ||
related to [ |
||
(k) Money spent from [ |
||
section is subject to audit by the state auditor. | ||
SECTION 1.16. Section 411.402(a), Government Code, is | ||
amended to read as follows: | ||
(a) Fees collected under Section 133.102(e)(9) | ||
[ |
||
(1) be used for the planning, development, provision, | ||
enhancement, or ongoing maintenance of an interoperable statewide | ||
emergency radio infrastructure; | ||
(2) be used in accordance with the statewide | ||
integrated public safety radio communications plan developed under | ||
Subchapter F, Chapter 421; | ||
(3) be used for the development of a regional or state | ||
interoperable radio communication system; | ||
(4) be distributed as grants by the department to: | ||
(A) regional councils of government that have | ||
entered into interlocal agreements authorized under state law; and | ||
(B) state agencies requiring emergency radio | ||
infrastructure; or | ||
(5) be used for other public safety purposes. | ||
SECTION 1.17. Section 411.403(b), Government Code, is | ||
amended to read as follows: | ||
(b) The account consists of[ |
||
[ |
||
Section 133.102(e)(9) [ |
||
|
||
[ |
||
|
||
SECTION 1.18. The drug court account in the general revenue | ||
fund established under Article 102.0178(g), Code of Criminal | ||
Procedure, as repealed by this Act, is redesignated as the | ||
specialty court account in the general revenue fund. | ||
SECTION 1.19. The following provisions are repealed: | ||
(1) Article 102.004, Code of Criminal Procedure; | ||
(2) Article 102.0045, Code of Criminal Procedure; | ||
(3) Article 102.005, Code of Criminal Procedure; | ||
(4) Articles 102.008(a), (c), and (d), Code of | ||
Criminal Procedure; | ||
(5) Article 102.0174, Code of Criminal Procedure; | ||
(6) Article 102.0178, Code of Criminal Procedure; | ||
(7) Article 102.020, Code of Criminal Procedure; | ||
(8) Section 21.007, Government Code; | ||
(9) Section 51.702(b), Government Code; | ||
(10) Section 51.703(b), Government Code; | ||
(11) Sections 51.851(a) and (d), Government Code; | ||
(12) Section 133.105, Local Government Code; | ||
(13) Section 133.107, Local Government Code; and | ||
(14) Sections 706.007(b), (c), and (e), | ||
Transportation Code. | ||
ARTICLE 2. FINES; REIMBURSEMENT FEES | ||
SECTION 2.01. Section 106.12(e), Alcoholic Beverage Code, | ||
is amended to read as follows: | ||
(e) The court shall charge an applicant a reimbursement fee | ||
in the amount of $30 for each application for expunction filed under | ||
this section to defray the cost of notifying state agencies of | ||
orders of expunction under this section. | ||
SECTION 2.02. Section 4, Article 17.42, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 4. (a) Except as otherwise provided by this | ||
subsection, if a court releases an accused on personal bond on the | ||
recommendation of a personal bond office, the court shall assess a | ||
personal bond reimbursement fee of $20 or three percent of the | ||
amount of the bail fixed for the accused, whichever is greater. The | ||
court may waive the fee or assess a lesser fee if good cause is | ||
shown. A court that requires a defendant to give a personal bond | ||
under Article 45.016 may not assess a personal bond fee under this | ||
subsection. | ||
(b) Reimbursement fees [ |
||
may be used solely to defray expenses of the personal bond office, | ||
including defraying the expenses of extradition. | ||
(c) Reimbursement fees [ |
||
shall be deposited in the county treasury, or if the office serves | ||
more than one county, the fees shall be apportioned to each county | ||
in the district according to each county's pro rata share of the | ||
costs of the office. | ||
SECTION 2.03. Article 17.43(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) Cost of monitoring may be assessed as reimbursement fees | ||
[ |
||
condition of bond. | ||
SECTION 2.04. Articles 17.44(c) and (e), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(c) The magistrate may revoke the bond and order the | ||
defendant arrested if the defendant: | ||
(1) violates a condition of home confinement and | ||
electronic monitoring; | ||
(2) refuses to submit to a test for controlled | ||
substances or submits to a test for controlled substances and the | ||
test indicates the presence of a controlled substance in the | ||
defendant's body; or | ||
(3) fails to pay the reimbursement fee for [ |
||
monitoring or testing for controlled substances, if payment is | ||
ordered under Subsection (e) as a condition of bond and the | ||
magistrate determines that the defendant is not indigent and is | ||
financially able to make the payments as ordered. | ||
(e) The cost of electronic monitoring or testing for | ||
controlled substances under this article may be assessed as a | ||
reimbursement fee [ |
||
defendant as a condition of bond. | ||
SECTION 2.05. Article 17.441(d), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(d) The magistrate may designate an appropriate agency to | ||
verify the installation of the device and to monitor the device. If | ||
the magistrate designates an agency under this subsection, in each | ||
month during which the agency verifies the installation of the | ||
device or provides a monitoring service the defendant shall pay a | ||
reimbursement fee to the designated agency in the amount set by the | ||
magistrate. The defendant shall pay the initial reimbursement fee | ||
at the time the agency verifies the installation of the device. In | ||
each subsequent month during which the defendant is required to pay | ||
a reimbursement fee the defendant shall pay the fee on the first | ||
occasion in that month that the agency provides a monitoring | ||
service. The magistrate shall set the fee in an amount not to | ||
exceed $10 as determined by the county auditor, or by the | ||
commissioners court of the county if the county does not have a | ||
county auditor, to be sufficient to cover the cost incurred by the | ||
designated agency in conducting the verification or providing the | ||
monitoring service, as applicable in that county. | ||
SECTION 2.06. Articles 17.49(b) and (h), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(b) A magistrate may require as a condition of release on | ||
bond that a defendant charged with an offense involving family | ||
violence: | ||
(1) refrain from going to or near a residence, school, | ||
place of employment, or other location, as specifically described | ||
in the bond, frequented by an alleged victim of the offense; | ||
(2) carry or wear a global positioning monitoring | ||
system device and, except as provided by Subsection (h), pay a | ||
reimbursement fee for the costs associated with operating that | ||
system in relation to the defendant; or | ||
(3) except as provided by Subsection (h), if the | ||
alleged victim of the offense consents after receiving the | ||
information described by Subsection (d), pay a reimbursement fee | ||
for the costs associated with providing the victim with an | ||
electronic receptor device that: | ||
(A) is capable of receiving the global | ||
positioning monitoring system information from the device carried | ||
or worn by the defendant; and | ||
(B) notifies the victim if the defendant is at or | ||
near a location that the defendant has been ordered to refrain from | ||
going to or near under Subdivision (1). | ||
(h) If the magistrate determines that a defendant is | ||
indigent, the magistrate may, based on a sliding scale established | ||
by local rule, require the defendant to pay a reimbursement fee | ||
[ |
||
than the full amount of the costs associated with operating the | ||
global positioning monitoring system in relation to the defendant | ||
or providing the victim with an electronic receptor device. | ||
SECTION 2.07. Articles 26.05(f) and (g), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(f) All payments made under this article shall be paid from | ||
the general fund of the county in which the prosecution was | ||
instituted or habeas corpus hearing held and may be included as | ||
reimbursement fees [ |
||
(g) If the judge determines that a defendant has financial | ||
resources that enable the defendant to offset in part or in whole | ||
the costs of the legal services provided to the defendant in | ||
accordance with Article 1.051(c) or (d), including any expenses and | ||
costs, the judge shall order the defendant to pay during the | ||
pendency of the charges or, if convicted, as a reimbursement fee | ||
[ |
||
to pay. The defendant may not be ordered to pay an amount that | ||
exceeds: | ||
(1) the actual costs, including any expenses and | ||
costs, paid by the county for the legal services provided by an | ||
appointed attorney; or | ||
(2) if the defendant was represented by a public | ||
defender's office, the actual amount, including any expenses and | ||
costs, that would have otherwise been paid to an appointed attorney | ||
had the county not had a public defender's office. | ||
SECTION 2.08. The heading to Article 37.073, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 37.073. REPAYMENT OF REWARDS; FINES. | ||
SECTION 2.09. Article 37.073(a), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) After a defendant has been convicted of a felony | ||
offense, the judge may order a defendant to pay a fine repaying | ||
[ |
||
organization. | ||
SECTION 2.10. Articles 42.152(a) and (b), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) If a judge orders a defendant to pay a fine repaying | ||
[ |
||
|
||
defendant in the same manner as other fines [ |
||
are assessed against a defendant. The court may order the defendant | ||
to: | ||
(1) pay the entire amount required when sentence is | ||
pronounced; | ||
(2) pay the entire amount required at a later date | ||
specified by the court; or | ||
(3) pay specified portions of the required amount at | ||
designated intervals. | ||
(b) After receiving a payment of a fine from a person | ||
ordered to make the payment under this article, the clerk of the | ||
court or fee officer shall: | ||
(1) make a record of the payment; | ||
(2) deduct a one-time $7 processing fee from the | ||
payment [ |
||
(3) forward the payment to the designated crime | ||
stoppers organization; and | ||
(4) make a record of the forwarding of the payment. | ||
SECTION 2.11. Article 42A.301(b), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) Conditions of community supervision may include | ||
conditions requiring the defendant to: | ||
(1) commit no offense against the laws of this state or | ||
of any other state or of the United States; | ||
(2) avoid injurious or vicious habits; | ||
(3) avoid persons or places of disreputable or harmful | ||
character, including any person, other than a family member of the | ||
defendant, who is an active member of a criminal street gang; | ||
(4) report to the supervision officer as directed by | ||
the judge or supervision officer and obey all rules and regulations | ||
of the community supervision and corrections department; | ||
(5) permit the supervision officer to visit the | ||
defendant at the defendant's home or elsewhere; | ||
(6) work faithfully at suitable employment to the | ||
extent possible; | ||
(7) remain within a specified place; | ||
(8) pay in one or more amounts: | ||
(A) the defendant's fine, if one is assessed; and | ||
(B) all court costs, regardless of whether a fine | ||
is assessed; | ||
(9) support the defendant's dependents; | ||
(10) participate, for a period specified by the judge, | ||
in any community-based program, including a community service | ||
project under Article 42A.304; | ||
(11) if the judge determines that the defendant has | ||
financial resources that enable the defendant to offset in part or | ||
in whole the costs of the legal services provided to the defendant | ||
in accordance with Article 1.051(c) or (d), including any expenses | ||
and costs, reimburse the county in which the prosecution was | ||
instituted for the costs of the legal services in an amount that the | ||
judge finds the defendant is able to pay, except that the defendant | ||
may not be ordered to pay an amount that exceeds: | ||
(A) the actual costs, including any expenses and | ||
costs, paid by the county for the legal services provided by an | ||
appointed attorney; or | ||
(B) if the defendant was represented by a public | ||
defender's office, the actual amount, including any expenses and | ||
costs, that would have otherwise been paid to an appointed attorney | ||
had the county not had a public defender's office; | ||
(12) if under custodial supervision in a community | ||
corrections facility: | ||
(A) remain under that supervision; | ||
(B) obey all rules and regulations of the | ||
facility; and | ||
(C) pay a percentage of the defendant's income | ||
to[ |
||
[ |
||
[ |
||
|
||
(13) submit to testing for alcohol or controlled | ||
substances; | ||
(14) attend counseling sessions for substance abusers | ||
or participate in substance abuse treatment services in a program | ||
or facility approved or licensed by the Department of State Health | ||
Services; | ||
(15) with the consent of the victim of a misdemeanor | ||
offense or of any offense under Title 7, Penal Code, participate in | ||
victim-defendant mediation; | ||
(16) submit to electronic monitoring; | ||
(17) reimburse the compensation to victims of crime | ||
fund for any amounts paid from that fund to or on behalf of a victim, | ||
as defined by Article 56.32, of the offense or if no reimbursement | ||
is required, make one payment to the compensation to victims of | ||
crime fund in an amount not to exceed $50 if the offense is a | ||
misdemeanor or not to exceed $100 if the offense is a felony; | ||
(18) reimburse a law enforcement agency for the | ||
analysis, storage, or disposal of raw materials, controlled | ||
substances, chemical precursors, drug paraphernalia, or other | ||
materials seized in connection with the offense; | ||
(19) reimburse [ |
||
necessary costs incurred by the victim for psychological counseling | ||
made necessary by the offense or for counseling and education | ||
relating to acquired immune deficiency syndrome or human | ||
immunodeficiency virus made necessary by the offense; | ||
(20) pay a fine [ |
||
exceed $50 to a crime stoppers organization, as defined by Section | ||
414.001, Government Code, and as certified by the Texas Crime | ||
Stoppers Council; | ||
(21) submit a DNA sample to the Department of Public | ||
Safety under Subchapter G, Chapter 411, Government Code, for the | ||
purpose of creating a DNA record of the defendant; and | ||
(22) in any manner required by the judge, provide in | ||
the county in which the offense was committed public notice of the | ||
offense for which the defendant was placed on community | ||
supervision[ |
||
[ |
||
|
||
|
||
SECTION 2.12. Article 42A.452, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR | ||
REHABILITATION. A judge who grants community supervision to a sex | ||
offender evaluated under Article 42A.258 may require the sex | ||
offender as a condition of community supervision to submit to | ||
treatment, specialized supervision, or rehabilitation according to | ||
offense-specific standards of practice adopted by the Council on | ||
Sex Offender Treatment. On a finding that the defendant is | ||
financially able to make payment, the judge shall require the | ||
defendant to pay a reimbursement fee for all or part of the | ||
reasonable and necessary costs of the treatment, supervision, or | ||
rehabilitation. | ||
SECTION 2.13. Article 42A.455, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER. A | ||
judge who grants community supervision to a defendant charged with | ||
or convicted of an offense under Section 21.11 or 22.011(a)(2), | ||
Penal Code, may require the defendant to pay a fine [ |
||
|
||
center established under Subchapter E, Chapter 264, Family Code. | ||
SECTION 2.14. Article 42A.504(b), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) If a judge grants community supervision to a defendant | ||
convicted of an offense under Title 5, Penal Code, that the court | ||
determines involves family violence, the judge shall require the | ||
defendant to pay a fine of $100 to a family violence center that: | ||
(1) receives state or federal funds; and | ||
(2) serves the county in which the court is located. | ||
SECTION 2.15. Article 42A.652, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 42A.652. MONTHLY REIMBURSEMENT FEE. (a) Except as | ||
otherwise provided by this article, a judge who grants community | ||
supervision to a defendant shall set a reimbursement fee of not less | ||
than $25 and not more than $60 to be paid each month during the | ||
period of community supervision by the defendant to: | ||
(1) the court of original jurisdiction; or | ||
(2) the court accepting jurisdiction of the | ||
defendant's case, if jurisdiction is transferred under Article | ||
42A.151. | ||
(b) The judge may make payment of the monthly reimbursement | ||
fee a condition of granting or continuing the community | ||
supervision. The judge may waive or reduce the reimbursement fee or | ||
suspend a monthly payment of the fee if the judge determines that | ||
payment of the reimbursement fee would cause the defendant a | ||
significant financial hardship. | ||
(c) A court accepting jurisdiction of a defendant's case | ||
under Article 42A.151 shall enter an order directing the defendant | ||
to pay the monthly reimbursement fee to that court instead of to the | ||
court of original jurisdiction. To the extent of any conflict | ||
between an order issued under this subsection and an order issued by | ||
a court of original jurisdiction, the order entered under this | ||
subsection prevails. | ||
(d) A judge who receives a defendant for supervision as | ||
authorized by Section 510.017, Government Code, may require the | ||
defendant to pay the reimbursement fee authorized by this article. | ||
(e) A judge may not require a defendant to pay the | ||
reimbursement fee under this article for any month after the period | ||
of community supervision has been terminated by the judge under | ||
Article 42A.701. | ||
(f) A judge shall deposit any reimbursement fee received | ||
under this article in the special fund of the county treasury, to be | ||
used for the same purposes for which state aid may be used under | ||
Chapter 76, Government Code. | ||
SECTION 2.16. Article 42A.653, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 42A.653. ADDITIONAL MONTHLY FINE [ |
||
OFFENDERS. (a) A judge who grants community supervision to a | ||
defendant convicted of an offense under Section 21.08, 21.11, | ||
22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require | ||
as a condition of community supervision that the defendant pay to | ||
the defendant's supervision officer a community supervision fine | ||
[ |
||
(b) A fine [ |
||
to court costs or any other fee or fine imposed on the defendant. | ||
(c) A community supervision and corrections department | ||
shall deposit a fine [ |
||
to the comptroller as provided by Subchapter B, Chapter 133, Local | ||
Government Code. The comptroller shall deposit the fine [ |
||
the sexual assault program fund under Section 420.008, Government | ||
Code. | ||
(d) If a community supervision and corrections department | ||
does not collect a fine [ |
||
department is not required to file any report required by the | ||
comptroller that relates to the collection of the fine [ |
||
SECTION 2.17. Article 45.0216(i), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(i) The justice or municipal court shall require a person | ||
who requests expungement under this article to pay a reimbursement | ||
fee in the amount of $30 to defray the cost of notifying state | ||
agencies of orders of expungement under this article. | ||
SECTION 2.18. Articles 45.026(a) and (b), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) A justice or municipal court may order a party who does | ||
not waive a jury trial in a justice or municipal court and who fails | ||
to appear for the trial to pay a reimbursement fee for the costs | ||
incurred for impaneling the jury. | ||
(b) The justice or municipal court may release a party from | ||
the obligation to pay the reimbursement fee [ |
||
section for good cause. | ||
SECTION 2.19. Articles 45.051(a), (b), (b-2), (b-3), and | ||
(g), Code of Criminal Procedure, are amended to read as follows: | ||
(a) On a plea of guilty or nolo contendere by a defendant or | ||
on a finding of guilt in a misdemeanor case punishable by fine only | ||
and payment of all court costs, the judge may defer further | ||
proceedings without entering an adjudication of guilt and place the | ||
defendant on probation for a period not to exceed 180 days. In | ||
issuing the order of deferral, the judge may impose a fine [ |
||
|
||
of the fine that could be imposed on the defendant as punishment for | ||
the offense. The fine [ |
||
time before the date on which the period of probation ends. The | ||
judge may elect not to impose the fine [ |
||
good cause shown by the defendant. If the judge orders the | ||
collection of a fine under this subsection [ |
||
the judge shall require that the amount of the fine [ |
||
|
||
imposed by the judge as punishment for the offense. An order of | ||
deferral under this subsection terminates any liability under a | ||
bond given for the charge. | ||
(b) During the deferral period, the judge may require the | ||
defendant to: | ||
(1) post a bond in the amount of the fine assessed as | ||
punishment for the offense to secure payment of the fine; | ||
(2) pay restitution to the victim of the offense in an | ||
amount not to exceed the fine assessed as punishment for the | ||
offense; | ||
(3) submit to professional counseling; | ||
(4) submit to diagnostic testing for alcohol or a | ||
controlled substance or drug; | ||
(5) submit to a psychosocial assessment; | ||
(6) participate in an alcohol or drug abuse treatment | ||
or education program, such as: | ||
(A) a drug education program that is designed to | ||
educate persons on the dangers of drug abuse and is approved by the | ||
Department of State Health Services in accordance with Section | ||
521.374, Transportation Code; or | ||
(B) an alcohol awareness program described by | ||
Section 106.115, Alcoholic Beverage Code; | ||
(7) pay as reimbursement fees the costs of any | ||
diagnostic testing, psychosocial assessment, or participation in a | ||
treatment or education program either directly or through the court | ||
as court costs; | ||
(8) complete a driving safety course approved under | ||
Chapter 1001, Education Code, or another course as directed by the | ||
judge; | ||
(9) present to the court satisfactory evidence that | ||
the defendant has complied with each requirement imposed by the | ||
judge under this article; and | ||
(10) comply with any other reasonable condition. | ||
(b-2) A person examined as required by Subsection (b-1)(3) | ||
must pay a $10 reimbursement fee for the examination [ |
||
(b-3) The reimbursement fee collected under Subsection | ||
(b-2) must be deposited to the credit of a special account in the | ||
general revenue fund and may be used only by the Department of | ||
Public Safety for the administration of Chapter 521, Transportation | ||
Code. | ||
(g) If a judge requires a defendant under Subsection (b) to | ||
attend an alcohol awareness program or drug education program as | ||
described by Subdivision (6) of that subsection, unless the judge | ||
determines that the defendant is indigent and unable to pay the | ||
cost, the judge shall require the defendant to pay a reimbursement | ||
fee for the cost of attending the program. The judge may allow the | ||
defendant to pay the fee [ |
||
installments during the deferral period. | ||
SECTION 2.20. Article 45.051(a-1), Code of Criminal | ||
Procedure, as amended by Chapters 227 (H.B. 350) and 777 | ||
(H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011, | ||
is reenacted and amended to read as follows: | ||
(a-1) Notwithstanding any other provision of law, as an | ||
alternative to requiring a defendant charged with one or more | ||
offenses to make payment of all fines and court costs as required by | ||
Subsection (a), the judge may: | ||
(1) allow the defendant to enter into an agreement for | ||
payment of those fines and costs in installments during the | ||
defendant's period of probation; | ||
(2) require an eligible defendant to discharge all or | ||
part of those fines and costs by performing community service or | ||
attending a tutoring program under Article 45.049 or under Article | ||
45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd | ||
Legislature, Regular Session, 2011; [ |
||
(3) waive all or part of those fines and costs under | ||
Article 45.0491; or | ||
(4) take any combination of actions authorized by | ||
Subdivision (1), [ |
||
SECTION 2.21. Articles 45.0511(c-1), (f), (g), and (h), | ||
Code of Criminal Procedure, are amended to read as follows: | ||
(c-1) In this subsection, "state electronic Internet | ||
portal" has the meaning assigned by Section 2054.003, Government | ||
Code. As an alternative to receiving the defendant's driving | ||
record under Subsection (c)(2), the judge, at the time the | ||
defendant requests a driving safety course or motorcycle operator | ||
training course dismissal under this article, may require the | ||
defendant to pay a reimbursement fee in an amount equal to the sum | ||
of the amount of the fee established by Section 521.048, | ||
Transportation Code, and the state electronic Internet portal fee | ||
and, using the state electronic Internet portal, may request the | ||
Texas Department of Public Safety to provide the judge with a copy | ||
of the defendant's driving record that shows the information | ||
described by Section 521.047(b), Transportation Code. As soon as | ||
practicable and using the state electronic Internet portal, the | ||
Texas Department of Public Safety shall provide the judge with the | ||
requested copy of the defendant's driving record. The | ||
reimbursement fee authorized by this subsection is in addition to | ||
any other fee required under this article. If the copy of the | ||
defendant's driving record provided to the judge under this | ||
subsection shows that the defendant has not completed an approved | ||
driving safety course or motorcycle operator training course, as | ||
appropriate, within the 12 months preceding the date of the | ||
offense, the judge shall allow the defendant to complete the | ||
appropriate course as provided by this article. The custodian of a | ||
municipal or county treasury who receives reimbursement fees | ||
collected under this subsection shall keep a record of the fees and, | ||
without deduction or proration, forward the fees to the | ||
comptroller, with and in the manner required for other fees and | ||
costs received in connection with criminal cases. The comptroller | ||
shall credit fees received under this subsection to the Texas | ||
Department of Public Safety. | ||
(f) In addition to court costs and fees authorized or | ||
imposed by a law of this state and applicable to the offense, the | ||
court may: | ||
(1) require a defendant requesting a course under | ||
Subsection (b) to pay a reimbursement [ |
||
|
||
[ |
||
(2) require a defendant requesting a course under | ||
Subsection (d) to pay a fine [ |
||
to exceed the maximum amount of the fine for the offense committed | ||
by the defendant. | ||
(g) A defendant who requests but does not take a course is | ||
not entitled to a refund of the reimbursement fee or fine assessed | ||
under Subsection (f). | ||
(h) Money [ |
||
deposited in the municipal treasury. Money [ |
||
another court shall be deposited in the county treasury of the | ||
county in which the court is located. | ||
SECTION 2.22. Articles 45.052(e), (g), and (i), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(e) The justice or municipal court may require a person who | ||
requests a teen court program to pay a reimbursement fee not to | ||
exceed $10 that is set by the court to cover the costs of | ||
administering this article. Reimbursement fees [ |
||
a municipal court shall be deposited in the municipal treasury. | ||
Reimbursement fees [ |
||
deposited in the county treasury of the county in which the court is | ||
located. A person who requests a teen court program and fails to | ||
complete the program is not entitled to a refund of the fee. | ||
(g) In addition to the reimbursement fee authorized by | ||
Subsection (e) [ |
||
requests a teen court program to pay a $10 reimbursement fee to | ||
cover the cost to the teen court for performing its duties under | ||
this article. The court shall pay the fee to the teen court | ||
program, and the teen court program must account to the court for | ||
the receipt and disbursal of the fee. A child who pays a fee under | ||
this subsection is not entitled to a refund of the fee, regardless | ||
of whether the child successfully completes the teen court program. | ||
(i) Notwithstanding Subsection (e) or (g), a justice or | ||
municipal court that is located in the Texas-Louisiana border | ||
region, as defined by Section 2056.002, Government Code, may charge | ||
a reimbursement fee of $20 under those subsections. | ||
SECTION 2.23. The heading to Article 45.203, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 45.203. COLLECTION OF FINES AND[ |
||
|
||
SECTION 2.24. Article 45.203(c), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(c) The governing body of each municipality may prescribe by | ||
ordinance the collection, after due notice, of a fine [ |
||
|
||
|
||
Penal Code, or Section 543.009, Transportation Code. Money | ||
collected from the fine [ |
||
municipal treasury for the use and benefit of the municipality. | ||
SECTION 2.25. The heading to Article 102.001, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 102.001. REIMBURSEMENT FEES FOR SERVICES OF PEACE | ||
OFFICERS. | ||
SECTION 2.26. Article 102.001(b), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) A [ |
||
defendant required to pay reimbursement fees under this article | ||
shall [ |
||
officer to perform a service listed in this subsection and to return | ||
from performing that service. If the service provided is the | ||
execution of a writ and the writ is directed to two or more persons | ||
or the officer executes more than one writ in a case, the defendant | ||
is required to pay only mileage actually and necessarily traveled. | ||
In calculating mileage, the officer must use the railroad or the | ||
most practical route by private conveyance. This subsection | ||
applies to: | ||
(1) conveying a prisoner after conviction to the | ||
county jail; | ||
(2) conveying a prisoner arrested on a warrant or | ||
capias issued in another county to the court or jail of the county | ||
in which the warrant or capias was issued; and | ||
(3) traveling to execute criminal process, to summon | ||
or attach a witness, and to execute process not otherwise described | ||
by this article. | ||
SECTION 2.27. Article 102.007, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 102.007. REIMBURSEMENT FEE FOR COLLECTING AND | ||
PROCESSING CHECK OR SIMILAR SIGHT ORDER. (a) A county attorney, | ||
district attorney, or criminal district attorney may collect a | ||
reimbursement fee if the attorney's office collects and processes a | ||
check or similar sight order, as defined by Section 1.07, Penal | ||
Code, and [ |
||
(1) has been issued or passed in a manner that makes | ||
the issuance or passing an offense under: | ||
(A) Section 31.03, Penal Code; | ||
(B) Section 31.04, Penal Code; or | ||
(C) Section 32.41, Penal Code; or | ||
(2) has been forged, as defined by Section 32.21, | ||
Penal Code. | ||
(b) The county attorney, district attorney, or criminal | ||
district attorney may collect the reimbursement fee from any person | ||
who is a party to the offense described in Subsection (a). | ||
(c) The amount of the reimbursement fee may not exceed: | ||
(1) $10 if the face amount of the check or sight order | ||
does not exceed $10; | ||
(2) $15 if the face amount of the check or sight order | ||
is greater than $10 but does not exceed $100; | ||
(3) $30 if the face amount of the check or sight order | ||
is greater than $100 but does not exceed $300; | ||
(4) $50 if the face amount of the check or sight order | ||
is greater than $300 but does not exceed $500; and | ||
(5) $75 if the face amount of the check or sight order | ||
is greater than $500. | ||
(d) If the person from whom the reimbursement fee is | ||
collected was a party to the offense of forgery, as defined by | ||
Section 32.21, Penal Code, committed by altering the face amount of | ||
the check or sight order, the face amount as altered governs for the | ||
purposes of determining the amount of the fee. | ||
(e) In addition to the reimbursement [ |
||
specified in Subsection (c), the county attorney, district | ||
attorney, or criminal district attorney may collect the fee | ||
authorized by Section 3.506, Business & Commerce Code, for the | ||
benefit of the holder of a check or similar sight order or the | ||
holder's assignee, agent, representative, or any other person | ||
retained by the holder to seek collection of the check or order. | ||
(f) Reimbursement fees [ |
||
(c) [ |
||
special fund to be administered by the county attorney, district | ||
attorney, or criminal district attorney. Expenditures from this | ||
fund shall be at the sole discretion of the attorney and may be used | ||
only to defray the salaries and expenses of the prosecutor's | ||
office, but in no event may the county attorney, district attorney, | ||
or criminal district attorney supplement his or her own salary from | ||
this fund. | ||
(g) In addition to the reimbursement [ |
||
specified in Subsections (b) and (c), the issuer of a check or | ||
similar sight order that has been issued or passed as described by | ||
Subsection (a)(1) is liable for a reimbursement fee in an amount | ||
equal to the costs of delivering notification by registered or | ||
certified mail with return receipt requested. The reimbursement | ||
fee under this subsection must be collected in all cases described | ||
by Subsection (a)(1), and on receipt of proof of the actual costs | ||
expended, the fee shall be remitted to the holder of the check or | ||
similar sight order. | ||
SECTION 2.28. The heading to Article 102.011, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 102.011. REIMBURSEMENT FEES FOR SERVICES OF PEACE | ||
OFFICERS. | ||
SECTION 2.29. Articles 102.011(a), (b), (c), (d), (e), and | ||
(i), Code of Criminal Procedure, are amended to read as follows: | ||
(a) A defendant convicted of a felony or a misdemeanor shall | ||
pay the following reimbursement fees for services performed 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) $50 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; | ||
oder | ||
(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. | ||
(b) In addition to the reimbursement fees provided by | ||
Subsection (a) [ |
||
reimbursement fees under this article shall also pay 29 cents per | ||
mile for mileage required of an officer to perform a service listed | ||
in this subsection and to return from performing that service. If | ||
the service provided is the execution of a writ and the writ is | ||
directed to two or more persons or the officer executes more than | ||
one writ in a case, the defendant is required to pay only mileage | ||
actually and necessarily traveled. In calculating mileage, the | ||
officer must use the railroad or the most practical route by private | ||
conveyance. The defendant shall also pay all necessary and | ||
reasonable expenses for meals and lodging incurred by the officer | ||
in the performance of services under this subsection, to the extent | ||
such expenses meet the requirements of Section 611.001, Government | ||
Code. This subsection applies to: | ||
(1) conveying a prisoner after conviction to the | ||
county jail; | ||
(2) conveying a prisoner arrested on a warrant or | ||
capias issued in another county to the court or jail of the county; | ||
and | ||
(3) traveling to execute criminal process, to summon | ||
or attach a witness, and to execute process not otherwise described | ||
by this article. | ||
(c) If an officer attaches a witness on the order of a court | ||
outside the county, the defendant shall pay a reimbursement fee of | ||
$10 per day or part of a day spent by the officer conveying the | ||
witness and actual necessary expenses for travel by the most | ||
practical public conveyance. In order to receive expenses under | ||
this subsection, the officer must make a sworn statement of the | ||
expenses and the judge issuing the attachment must approve the | ||
statement. | ||
(d) A defendant shall pay for the services of a sheriff or | ||
constable who serves process and attends an examining trial in a | ||
felony or a misdemeanor case the same reimbursement fees allowed | ||
for those services in the trial of a felony or a misdemeanor, not to | ||
exceed $5. | ||
(e) A reimbursement fee under Subsection (a)(1) or (2) | ||
[ |
||
regardless of whether the defendant was also arrested at the same | ||
time for another offense, and shall be assessed for each arrest made | ||
of a defendant arising out of the offense for which the defendant | ||
has been convicted. | ||
(i) In addition to reimbursement fees provided by | ||
Subsections (a) through (e) [ |
||
required to pay reimbursement fees under this article shall also | ||
pay the costs of overtime paid to a peace officer for time spent | ||
testifying in the trial of the case or for traveling to or from | ||
testifying in the trial of the case. | ||
SECTION 2.30. Article 102.012, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 102.012. REIMBURSEMENT FEES FOR PRETRIAL INTERVENTION | ||
PROGRAMS. (a) A court that authorizes a defendant to participate | ||
in a pretrial intervention program established under Section | ||
76.011, Government Code, may order the defendant to pay to the court | ||
a supervision reimbursement fee in an amount not more than $60 per | ||
month as a condition of participating in the program. | ||
(b) In addition to or in lieu of the supervision | ||
reimbursement fee authorized by Subsection (a), the court may order | ||
the defendant to pay or reimburse a community supervision and | ||
corrections department for any other expense that is: | ||
(1) incurred as a result of the defendant's | ||
participation in the pretrial intervention program, other than an | ||
expense described by Article 102.0121; or | ||
(2) necessary to the defendant's successful completion | ||
of the program. | ||
SECTION 2.31. Article 102.0121, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 102.0121. REIMBURSEMENT FEES FOR CERTAIN EXPENSES | ||
RELATED TO PRETRIAL INTERVENTION PROGRAMS. (a) A district | ||
attorney, criminal district attorney, or county attorney may | ||
collect a reimbursement fee in an amount not to exceed $500 to be | ||
used to reimburse a county for expenses, including expenses of the | ||
district attorney's, criminal district attorney's, or county | ||
attorney's office, related to a defendant's participation in a | ||
pretrial intervention program offered in that county. | ||
(b) The district attorney, criminal district attorney, or | ||
county attorney may collect the reimbursement fee from any | ||
defendant who participates in a pretrial intervention program | ||
administered in any part by the attorney's office. | ||
(c) Reimbursement fees [ |
||
shall be deposited in the county treasury in a special fund to be | ||
used solely to administer the pretrial intervention program. An | ||
expenditure from the fund may be made only in accordance with a | ||
budget approved by the commissioners court. | ||
SECTION 2.32. The heading to Article 102.014, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 102.014. FINES [ |
||
MUNICIPALITIES. | ||
SECTION 2.33. Articles 102.014(a), (b), (c), (d), (f), (g), | ||
and (h), Code of Criminal Procedure, are amended to read as follows: | ||
(a) The governing body of a municipality with a population | ||
greater than 850,000 according to the most recent federal decennial | ||
census that has adopted an ordinance, regulation, or order | ||
regulating the stopping, standing, or parking of vehicles as | ||
allowed by Section 542.202, Transportation Code, or Chapter 682, | ||
Transportation Code, shall by order assess [ |
||
parking violation a fine of not less than $2 and not to exceed $5. | ||
[ |
||
|
||
(b) The governing body of a municipality with a population | ||
less than 850,000 according to the most recent federal decennial | ||
census that has adopted an ordinance, regulation, or order | ||
regulating the stopping, standing, or parking of vehicles as | ||
allowed by Section 542.202, Transportation Code, or Chapter 682, | ||
Transportation Code, may by order assess [ |
||
parking violation a fine not to exceed $5. [ |
||
|
||
|
||
(c) A person convicted of an offense under Subtitle C, Title | ||
7, Transportation Code, when the offense occurs within a school | ||
crossing zone as defined by Section 541.302 of that code, shall pay | ||
a fine of [ |
||
|
||
Transportation Code, shall pay a fine of [ |
||
addition to other taxable court costs. A fine [ |
||
|
||
|
||
|
||
(d) A person convicted of an offense under Section 25.093, | ||
Education Code, shall pay a fine of [ |
||
|
||
|
||
|
||
(f) In a municipality with a population greater than 850,000 | ||
according to the most recent federal decennial census, the officer | ||
collecting a fine [ |
||
deposit money collected under this article in the municipal child | ||
safety trust fund established as required by Chapter 106, Local | ||
Government Code. | ||
(g) In a municipality with a population less than 850,000 | ||
according to the most recent federal decennial census, the money | ||
collected under this article in a municipal court case must be used | ||
for a school crossing guard program if the municipality operates | ||
one. If the municipality does not operate a school crossing guard | ||
program or if the money received from fines [ |
||
municipal court cases exceeds the amount necessary to fund the | ||
school crossing guard program, the municipality may: | ||
(1) deposit the additional money in an | ||
interest-bearing account; | ||
(2) expend the additional money for programs designed | ||
to enhance child safety, health, or nutrition, including child | ||
abuse prevention and intervention and drug and alcohol abuse | ||
prevention; or | ||
(3) expend the additional money for programs designed | ||
to enhance public safety and security. | ||
(h) Money collected under this article in a justice, county, | ||
or district court shall be used to fund school crossing guard | ||
programs in the county where they are collected. If the county does | ||
not operate a school crossing guard program, the county may: | ||
(1) remit fine [ |
||
its jurisdiction for the purpose of providing school crossing guard | ||
services; | ||
(2) fund programs the county is authorized by law to | ||
provide which are designed to enhance child safety, health, or | ||
nutrition, including child abuse prevention and intervention and | ||
drug and alcohol abuse prevention; | ||
(3) provide funding to the sheriff's department for | ||
school-related activities; | ||
(4) provide funding to the county juvenile probation | ||
department; or | ||
(5) deposit the money in the general fund of the | ||
county. | ||
SECTION 2.34. The heading to Article 102.0171, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 102.0171. FINES [ |
||
PREVENTION FUNDS. | ||
SECTION 2.35. Articles 102.0171(a) and (c), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) A defendant convicted of an offense under Section 28.08, | ||
Penal Code, in a county court, county court at law, or district | ||
court shall pay a fine of $50 for juvenile delinquency prevention | ||
and graffiti eradication [ |
||
(c) The clerks of the respective courts shall collect the | ||
fines [ |
||
any other official who discharges the duties commonly delegated to | ||
the county treasurer for deposit in a fund to be known as the county | ||
juvenile delinquency prevention fund. A fund designated by this | ||
subsection may be used only to: | ||
(1) repair damage caused by the commission of offenses | ||
under Section 28.08, Penal Code; | ||
(2) provide educational and intervention programs and | ||
materials, including printed educational materials for | ||
distribution to primary and secondary school students, designed to | ||
prevent individuals from committing offenses under Section 28.08, | ||
Penal Code; | ||
(3) provide to the public rewards for identifying and | ||
aiding in the apprehension and prosecution of offenders who commit | ||
offenses under Section 28.08, Penal Code; | ||
(4) provide funding for teen recognition and teen | ||
recreation programs; | ||
(5) provide funding for local teen court programs; | ||
(6) provide funding for the local juvenile probation | ||
department; and | ||
(7) provide educational and intervention programs | ||
designed to prevent juveniles from engaging in delinquent conduct. | ||
SECTION 2.36. The heading to Article 102.018, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 102.018. REIMBURSEMENT FEES AND EXPENSES [ |
||
ATTENDANT TO INTOXICATION CONVICTIONS. | ||
SECTION 2.37. Articles 102.018(a) and (b), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) Except as provided by Subsection (d) [ |
||
on conviction of an offense relating to the driving or operating of | ||
a motor vehicle under Section 49.04, Penal Code, the court shall | ||
impose a reimbursement fee [ |
||
subsequent to the arrest of the defendant, a law enforcement agency | ||
visually recorded the defendant with an electronic device. | ||
Reimbursement fees [ |
||
addition to other court costs or fees and are due whether or not the | ||
defendant is granted probation in the case. The court shall collect | ||
the reimbursement fees [ |
||
[ |
||
(b) Except as provided by Subsection (d), on conviction of | ||
an offense relating to the driving or operating of a motor vehicle | ||
punishable under Section 49.04(b), Penal Code, the court shall | ||
impose as a reimbursement fee [ |
||
amount that is equal to the reimbursement fee [ |
||
evaluation of the defendant performed under Article 42A.402(a). | ||
Reimbursement fees [ |
||
addition to other court costs and are due whether or not the | ||
defendant is granted community supervision in the case, except that | ||
if the court determines that the defendant is indigent and unable to | ||
pay the fee [ |
||
[ |
||
SECTION 2.38. Article 102.0185, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 102.0185. FINE FOR [ |
||
INTOXICATION CONVICTIONS: EMERGENCY MEDICAL SERVICES, TRAUMA | ||
FACILITIES, AND TRAUMA CARE SYSTEMS. (a) In addition to the | ||
reimbursement fee [ |
||
[ |
||
under Chapter 49, Penal Code, except for Sections 49.02 and 49.031 | ||
of that code, shall pay a fine of $100 on conviction of the offense. | ||
(b) Fines [ |
||
without regard to whether the defendant is placed on community | ||
supervision after being convicted of the offense or receives | ||
deferred disposition or deferred adjudication for the offense. | ||
(c) Fines [ |
||
in the manner provided for the collection of court costs by | ||
Subchapter B, Chapter 133, Local Government Code. | ||
(d) The officer collecting the fines [ |
||
article shall keep separate records of the money collected and | ||
shall pay the money to the custodian of the municipal or county | ||
treasury. | ||
(e) The custodian of the municipal or county treasury shall: | ||
(1) keep records of the amount of money collected | ||
under this article that is deposited with the treasury under this | ||
article; and | ||
(2) not later than the last day of the first month | ||
following each calendar quarter: | ||
(A) pay the money collected under this article | ||
during the preceding calendar quarter to the comptroller; or | ||
(B) if, in the calendar quarter, the custodian of | ||
the municipal or county treasury did not receive any money | ||
attributable to fines [ |
||
report with the comptroller stating that fact. | ||
(f) The comptroller shall deposit the funds received under | ||
this article to the credit of the account established under Section | ||
773.006, Health and Safety Code. | ||
SECTION 2.39. The heading to Article 102.0186, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 102.0186. FINE FOR [ |
||
CERTAIN CHILD SEXUAL ASSAULT AND RELATED CONVICTIONS. | ||
SECTION 2.40. Articles 102.0186(a), (b), and (c), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) A person convicted of an offense under Section 21.02, | ||
21.11, 22.011(a)(2), 22.021(a)(1)(B), 43.25, 43.251, or 43.26, | ||
Penal Code, shall pay a fine of $100 on conviction of the offense. | ||
(b) A fine [ |
||
imposed without regard to whether the defendant is placed on | ||
community supervision after being convicted of the offense or | ||
receives deferred adjudication for the offense. | ||
(c) The clerks of the respective courts shall collect the | ||
fines [ |
||
any other official who discharges the duties commonly delegated to | ||
the county treasurer for deposit in a fund to be known as the county | ||
child abuse prevention fund. A fund designated by this subsection | ||
may be used only to fund child abuse prevention programs in the | ||
county where the court is located. | ||
SECTION 2.41. Article 104.002(d), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(d) A person who is or was a prisoner in a county jail and | ||
received medical, dental, or health related services from a county | ||
or a hospital district shall be required to pay a reimbursement fee | ||
for such services when they are rendered. If such prisoner is an | ||
eligible county resident as defined in Section 61.002, Health and | ||
Safety Code, the county or hospital district providing the services | ||
has a right of subrogation to the prisoner's right of recovery from | ||
any source, limited to the cost of services provided. A prisoner, | ||
unless the prisoner fully pays for the cost of services received, | ||
shall remain obligated to reimburse the county or hospital district | ||
for any medical, dental, or health services provided, and the | ||
county or hospital district may apply for reimbursement in the | ||
manner provided by Chapter 61, Health and Safety Code. A county or | ||
hospital district shall have authority to recover the amount | ||
expended in a civil action. | ||
SECTION 2.42. Sections 54.032(e), (g), and (h), Family | ||
Code, are amended to read as follows: | ||
(e) The court may require a child who requests a teen court | ||
program to pay a reimbursement fee not to exceed $10 that is set by | ||
the court to cover the costs of administering this section. The | ||
court shall deposit the fee in the county treasury of the county in | ||
which the court is located. A child who requests a teen court | ||
program and does not complete the program is not entitled to a | ||
refund of the fee. | ||
(g) In addition to the reimbursement fee authorized by | ||
Subsection (e), the court may require a child who requests a teen | ||
court program to pay a $10 reimbursement fee to cover the cost to | ||
the teen court for performing its duties under this section. The | ||
court shall pay the fee to the teen court program, and the teen | ||
court program must account to the court for the receipt and | ||
disbursal of the fee. A child who pays a fee under this subsection | ||
is not entitled to a refund of the fee, regardless of whether the | ||
child successfully completes the teen court program. | ||
(h) Notwithstanding Subsection (e) or (g), a juvenile court | ||
that is located in the Texas-Louisiana border region, as defined by | ||
Section 2056.002, Government Code, may charge a reimbursement fee | ||
of $20 under those subsections. | ||
SECTION 2.43. Sections 41.258(b), (c), (d), and (f), | ||
Government Code, are amended to read as follows: | ||
(b) A court, judge, magistrate, peace officer, or other | ||
officer taking a bail bond for an offense other than a misdemeanor | ||
punishable by fine only under Chapter 17, Code of Criminal | ||
Procedure, shall require the payment of a $15 reimbursement fee | ||
[ |
||
does not exceed $30 for all bail bonds posted at that time for an | ||
individual and the fee [ |
||
personal or cash bond. | ||
(c) An officer collecting a reimbursement fee [ |
||
this section shall deposit the fee [ |
||
accordance with Article 103.004, Code of Criminal Procedure. | ||
(d) An officer who collects a reimbursement fee [ |
||
under this section shall: | ||
(1) keep separate records of the funds collected; and | ||
(2) file the reports required by Article 103.005, Code | ||
of Criminal Procedure. | ||
(f) A surety paying a reimbursement fee [ |
||
Subsection (b) may apply for and is entitled to a refund of the fee | ||
[ |
||
declines to prosecute an individual or the grand jury declines to | ||
indict an individual. | ||
SECTION 2.44. The heading to Section 76.015, Government | ||
Code, is amended to read as follows: | ||
Sec. 76.015. REIMBURSEMENT [ |
||
SECTION 2.45. Section 76.015(c), Government Code, is | ||
amended to read as follows: | ||
(c) A department may assess a reasonable reimbursement | ||
[ |
||
month on an individual who participates in a program operated by the | ||
department or receives services from the department and who is not | ||
paying a monthly reimbursement fee under Article 42A.652, Code of | ||
Criminal Procedure. | ||
SECTION 2.46. Section 123.004, Government Code, is amended | ||
to read as follows: | ||
Sec. 123.004. REIMBURSEMENT FEES. (a) A drug court | ||
program established under this chapter may collect from a | ||
participant in the program: | ||
(1) a reasonable reimbursement fee for the program | ||
[ |
||
(2) an alcohol or controlled substance testing, | ||
counseling, and treatment reimbursement fee in an amount necessary | ||
to cover the costs of the testing, counseling, and treatment. | ||
(b) Reimbursement fees [ |
||
may be paid on a periodic basis or on a deferred payment schedule at | ||
the discretion of the judge, magistrate, or coordinator. The fees | ||
must be: | ||
(1) based on the participant's ability to pay; and | ||
(2) used only for purposes specific to the program. | ||
SECTION 2.47. Section 124.005, Government Code, is amended | ||
to read as follows: | ||
Sec. 124.005. REIMBURSEMENT FEES. (a) A veterans | ||
treatment court program established under this chapter may collect | ||
from a participant in the program: | ||
(1) a reasonable reimbursement fee for the program | ||
[ |
||
(2) a testing, counseling, and treatment | ||
reimbursement fee in an amount necessary to cover the costs of any | ||
testing, counseling, or treatment performed or provided under the | ||
program. | ||
(b) Reimbursement fees [ |
||
may be paid on a periodic basis or on a deferred payment schedule at | ||
the discretion of the judge, magistrate, or coordinator. The fees | ||
must be: | ||
(1) based on the participant's ability to pay; and | ||
(2) used only for purposes specific to the program. | ||
SECTION 2.48. Section 126.006, Government Code, is amended | ||
to read as follows: | ||
Sec. 126.006. REIMBURSEMENT FEES. (a) A commercially | ||
sexually exploited persons court program established under this | ||
chapter may collect from a participant in the program a | ||
nonrefundable reimbursement fee for the program [ |
||
reasonable amount not to exceed $1,000, from which the following | ||
must be paid: | ||
(1) a counseling and services reimbursement fee in an | ||
amount necessary to cover the costs of the counseling and services | ||
provided by the program; and | ||
(2) [ |
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[ |
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an amount equal to five percent of the total amount paid under | ||
Subdivision (1), to be deposited to the credit of the treasury of | ||
the county or municipality that established the program to cover | ||
costs associated with the provision of training to law enforcement | ||
personnel on domestic violence, prostitution, and the trafficking | ||
of persons. | ||
(b) Reimbursement fees [ |
||
may be paid on a periodic basis or on a deferred payment schedule at | ||
the discretion of the judge, magistrate, or coordinator. The fees | ||
must be based on the participant's ability to pay. | ||
SECTION 2.49. Section 129.006, Government Code, is amended | ||
to read as follows: | ||
Sec. 129.006. REIMBURSEMENT FEES. (a) A public safety | ||
employees treatment court program established under this chapter | ||
may collect from a participant in the program: | ||
(1) a reasonable reimbursement fee for the program | ||
[ |
||
(2) a testing, counseling, and treatment | ||
reimbursement fee in an amount necessary to cover the costs of any | ||
testing, counseling, or treatment performed or provided under the | ||
program. | ||
(b) Reimbursement fees [ |
||
may be paid on a periodic basis or on a deferred payment schedule at | ||
the discretion of the judge, magistrate, or coordinator. The fees | ||
must be: | ||
(1) based on the participant's ability to pay; and | ||
(2) used only for purposes specific to the program. | ||
SECTION 2.50. Section 161.255(b), Health and Safety Code, | ||
is amended to read as follows: | ||
(b) The court shall charge an applicant a reimbursement fee | ||
in the amount of $30 for each application for expungement filed | ||
under this section to defray the cost of notifying state agencies of | ||
orders of expungement under this section. | ||
SECTION 2.51. Section 169.005, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 169.005. REIMBURSEMENT FEES. (a) A first offender | ||
prostitution prevention program established under this chapter may | ||
collect from a participant in the program a nonrefundable | ||
reimbursement [ |
||
not to exceed $1,000, from which the following must be paid: | ||
(1) a counseling and services reimbursement fee in an | ||
amount necessary to cover the costs of the counseling and services | ||
provided by the program; and | ||
(2) [ |
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[ |
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an amount equal to five percent of the total amount paid under | ||
Subdivision (1), to be deposited to the credit of the treasury of | ||
the county or municipality that established the program to cover | ||
costs associated with the provision of training to law enforcement | ||
personnel on domestic violence, prostitution, and the trafficking | ||
of persons. | ||
(b) Reimbursement fees [ |
||
may be paid on a periodic basis or on a deferred payment schedule at | ||
the discretion of the judge, magistrate, or program director | ||
administering the first offender prostitution prevention program. | ||
The fees must be based on the participant's ability to pay. | ||
SECTION 2.52. Section 132.002, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 132.002. PAYMENT OF FEES OR COSTS BY CREDIT CARD OR | ||
ELECTRONIC MEANS. (a) The commissioners court of a county may | ||
authorize a county or precinct officer who collects fees, fines, | ||
court costs, or other charges on behalf of the county or the state | ||
to accept payment by credit card, the electronic processing of | ||
checks, or other electronic means of a fee, fine, court costs, or | ||
other charge. The commissioners court may also authorize a county | ||
or precinct officer to collect and retain a reimbursement fee for | ||
processing the payment by credit card, the electronic processing of | ||
checks, or other electronic means. | ||
(b) The governing body of a municipality may authorize a | ||
municipal official who collects fees, fines, court costs, or other | ||
charges to: | ||
(1) accept payment by credit card of a fee, fine, court | ||
cost, or other charge; and | ||
(2) collect a reimbursement fee for processing the | ||
payment by credit card. | ||
(c) The governing body of a municipality may authorize the | ||
acceptance of payment by credit card without requiring collection | ||
of a reimbursement fee. | ||
(d) The commissioners court may authorize a county or | ||
precinct officer who collects fees, fines, court costs, or other | ||
charges on behalf of the county or the state to accept payment by | ||
electronic means of a fee, fine, court costs, or other charge. The | ||
commissioners court may also authorize a county or precinct officer | ||
to collect and retain a reimbursement [ |
||
the payment by electronic means. | ||
(e) A commissioners court may authorize the acceptance of | ||
payment by credit card or by electronic means without requiring | ||
collection of a reimbursement fee. | ||
(f) The director of a community supervision and corrections | ||
department, with the approval of the judges described by Section | ||
76.002, Government Code, may authorize a community supervision | ||
official who collects fees, fines, court costs, and other charges | ||
to: | ||
(1) accept payment by debit card or credit card of a | ||
fee, fine, court cost, or other charge; and | ||
(2) collect a reimbursement fee for processing the | ||
payment by debit card or credit card. | ||
SECTION 2.53. Section 132.003, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 132.003. REIMBURSEMENT [ |
||
FOR PROCESSING CERTAIN PAYMENTS. (a) The commissioners court | ||
shall set a reimbursement [ |
||
reasonably related to the expense incurred by the county or | ||
precinct officer in processing the payment by credit card. | ||
However, the court may not set the [ |
||
this subsection in an amount that exceeds five percent of the amount | ||
of the fee, court cost, or other charge being paid. | ||
(b) The governing body of a municipality shall set the | ||
reimbursement [ |
||
related to the expense incurred by the municipal official in | ||
processing the payment by credit card. However, the governing body | ||
may not set the [ |
||
amount that exceeds five percent of the amount of the fee, fine, | ||
court cost, or other charge being paid. | ||
(c) If the commissioners court authorizes collection of a | ||
reimbursement [ |
||
means under Section 132.002(d) [ |
||
shall be set: | ||
(1) at a flat rate that does not exceed $5 for each | ||
payment transaction; or | ||
(2) at a rate that is reasonably related to the expense | ||
incurred by the county or precinct officer in processing a payment | ||
by electronic means and that does not exceed five percent of the | ||
amount of the fee, court cost, or other charge being paid. | ||
(d) In addition to the reimbursement fee set under | ||
Subsection (a), the commissioners court of a county may authorize a | ||
county or precinct officer to collect on behalf of the county from a | ||
person making payment by credit card a reimbursement fee in an | ||
amount equal to the amount of any transaction fee charged to the | ||
county by a vendor providing services in connection with payments | ||
made by credit card. The limitation prescribed by Subsection (a) on | ||
the amount of a reimbursement fee under that subsection does not | ||
apply to a reimbursement fee collected under this subsection. | ||
SECTION 2.54. Section 133.103, Local Government Code, is | ||
transferred to Subchapter A, Chapter 102, Code of Criminal | ||
Procedure, redesignated as Article 102.030, Code of Criminal | ||
Procedure, and amended to read as follows: | ||
Art. 102.030 [ |
||
FEE. (a) A person convicted of an offense shall pay[ |
||
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||
(1) has been convicted of a felony or misdemeanor; and | ||
(2) pays any part of a fine, court costs, or | ||
restitution, or another reimbursement fee, on or after the 31st day | ||
after the date on which a judgment is entered assessing the fine, | ||
court costs, [ |
||
(b) The [ |
||
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[ |
||
shall deposit [ |
||
under this section in a separate account in the general fund of the | ||
county or municipality to be used for the purpose of improving the | ||
collection of outstanding court costs, fines, reimbursement fees, | ||
or restitution or improving the efficiency of the administration of | ||
justice in the county or municipality. The county or municipality | ||
shall prioritize the needs of the judicial officer who collected | ||
the fees when making expenditures under this subsection and use the | ||
money deposited to provide for those needs. | ||
[ |
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SECTION 2.55. The heading to Section 31.127, Parks and | ||
Wildlife Code, is amended to read as follows: | ||
Sec. 31.127. PENALTIES AND FINES. | ||
SECTION 2.56. Section 31.127(f), Parks and Wildlife Code, | ||
is amended to read as follows: | ||
(f) A court may dismiss a charge of operating a vessel with | ||
an expired certificate of number under Section 31.021 if: | ||
(1) the defendant remedies the defect not later than | ||
the 10th working day after the date of the offense and pays a fine | ||
[ |
||
(2) the certificate of number has not been expired for | ||
more than 60 days. | ||
SECTION 2.57. The heading to Section 284.2031, | ||
Transportation Code, is amended to read as follows: | ||
Sec. 284.2031. CIVIL AND CRIMINAL ENFORCEMENT: FINE | ||
[ |
||
SECTION 2.58. Section 284.2031(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A county may impose, in addition to other costs, a fine | ||
of $1 [ |
||
offense under Section 284.070, 284.0701, or 284.203 in an action | ||
brought by the county or district attorney. | ||
SECTION 2.59. The heading to Section 284.2032, | ||
Transportation Code, is amended to read as follows: | ||
Sec. 284.2032. FINE [ |
||
CERTAIN COUNTIES. | ||
SECTION 2.60. Section 284.2032(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A county with a population of 3.3 million or more may | ||
impose a fine of[ |
||
|
||
for each event of nonpayment of a required toll or charge imposed | ||
under Section 284.069. | ||
SECTION 2.61. Sections 502.010(f), (f-1), (i), and (j), | ||
Transportation Code, are amended to read as follows: | ||
(f) Except as otherwise provided by this section, a county | ||
that has a contract under Subsection (b) may impose an additional | ||
reimbursement fee of $20 to: | ||
(1) a person who fails to pay a fine, fee, or tax to the | ||
county by the date on which the fine, fee, or tax is due; or | ||
(2) a person who fails to appear in connection with a | ||
complaint, citation, information, or indictment in a court in which | ||
a criminal proceeding is pending against the owner. | ||
(f-1) The additional reimbursement fee may be used only to | ||
reimburse the department or the county assessor-collector for its | ||
expenses for providing services under the contract, or another | ||
county department for expenses related to services under the | ||
contract. | ||
(i) A municipal court judge or justice of the peace who has | ||
jurisdiction over the underlying offense may waive an additional | ||
reimbursement fee imposed under Subsection (f) if the judge or | ||
justice makes a finding that the defendant is economically unable | ||
to pay the fee or that good cause exists for the waiver. | ||
(j) If a county assessor-collector is notified that the | ||
court having jurisdiction over the underlying offense has waived | ||
the past due fine or fee, including a reimbursement fee, due to the | ||
defendant's indigency, the county may not impose an additional | ||
reimbursement fee on the defendant under Subsection (f). | ||
SECTION 2.62. Section 502.407(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) A justice of the peace or municipal court judge having | ||
jurisdiction of the offense may: | ||
(1) dismiss a charge of driving with an expired motor | ||
vehicle registration if the defendant: | ||
(A) remedies the defect not later than the 20th | ||
working day after the date of the offense or before the defendant's | ||
first court appearance date, whichever is later; and | ||
(B) establishes that the fee prescribed by | ||
Section 502.045 has been paid; and | ||
(2) assess a fine [ |
||
exceed $20 when the charge is dismissed. | ||
SECTION 2.63. Section 502.473(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) A court may dismiss a charge brought under Subsection | ||
(a) if the defendant pays a fine [ |
||
exceed $10 and: | ||
(1) remedies the defect before the defendant's first | ||
court appearance; or | ||
(2) shows that the motor vehicle was issued a | ||
registration insignia by the department that was attached to the | ||
motor vehicle, establishing that the vehicle was registered for the | ||
period during which the offense was committed. | ||
SECTION 2.64. Section 502.475(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) A court may dismiss a charge brought under Subsection | ||
(a)(3) if the defendant: | ||
(1) remedies the defect before the defendant's first | ||
court appearance; and | ||
(2) pays a fine [ |
||
$10. | ||
SECTION 2.65. Section 504.943(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) A court may dismiss a charge brought under Subsection | ||
(a)(1) if the defendant: | ||
(1) remedies the defect before the defendant's first | ||
court appearance; and | ||
(2) pays a fine [ |
||
$10. | ||
SECTION 2.66. Section 504.945(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) A court may dismiss a charge brought under Subsection | ||
(a)(3), (5), (6), or (7) if the defendant: | ||
(1) remedies the defect before the defendant's first | ||
court appearance; | ||
(2) pays a fine [ |
||
$10; and | ||
(3) shows that the vehicle was issued a plate by the | ||
department that was attached to the vehicle, establishing that the | ||
vehicle was registered for the period during which the offense was | ||
committed. | ||
SECTION 2.67. Section 521.026(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The judge may assess the defendant a fine [ |
||
|
||
with an expired driver's license is dismissed under Subsection (a). | ||
SECTION 2.68. Section 521.054(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) A court may dismiss a charge for a violation of this | ||
section if the defendant remedies the defect not later than the 20th | ||
working day after the date of the offense and pays a fine [ |
||
|
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[ |
||
SECTION 2.69. Section 521.221(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) A court may dismiss a charge for a violation of this | ||
section if: | ||
(1) the restriction or endorsement was imposed: | ||
(A) because of a physical condition that was | ||
surgically or otherwise medically corrected before the date of the | ||
offense; or | ||
(B) in error and that fact is established by the | ||
defendant; | ||
(2) the department removes the restriction or | ||
endorsement before the defendant's first court appearance; and | ||
(3) the defendant pays a fine [ |
||
not to exceed $10. | ||
SECTION 2.70. The heading to Section 542.403, | ||
Transportation Code, is amended to read as follows: | ||
Sec. 542.403. FINES [ |
||
SECTION 2.71. Sections 542.403(a) and (b), Transportation | ||
Code, are amended to read as follows: | ||
(a) In addition to other costs, the court shall order a | ||
person convicted of a misdemeanor under this subtitle to [ |
||
pay a fine of $3 [ |
||
(b) The officer who collects a fine [ |
||
section shall: | ||
(1) deposit in the municipal treasury a fine [ |
||
collected in a municipal court case; and | ||
(2) deposit in the county treasury a fine [ |
||
collected in a justice court case or in a county court case, | ||
including a case appealed from a justice or municipal court. | ||
SECTION 2.72. Section 547.004(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) A court may dismiss a charge brought under this section | ||
if the defendant: | ||
(1) remedies the defect before the defendant's first | ||
court appearance; and | ||
(2) pays a fine [ |
||
$10. | ||
SECTION 2.73. Section 548.605(e), Transportation Code, is | ||
amended to read as follows: | ||
(e) A court shall: | ||
(1) dismiss a charge under this section if the | ||
defendant remedies the defect: | ||
(A) not later than the 20th working day after the | ||
date of the citation or before the defendant's first court | ||
appearance date, whichever is later; and | ||
(B) not later than the 40th working day after the | ||
applicable deadline provided by this chapter, Chapter 382, Health | ||
and Safety Code, or the department's administrative rules regarding | ||
inspection requirements; and | ||
(2) assess a fine [ |
||
exceed $20 when the charge has been remedied under Subdivision (1). | ||
SECTION 2.74. Section 601.263, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 601.263. REIMBURSEMENT FEE [ |
||
The court shall impose against the defendant a reimbursement fee | ||
[ |
||
vehicle. | ||
SECTION 2.75. The heading to Section 681.013, | ||
Transportation Code, is amended to read as follows: | ||
Sec. 681.013. DISMISSAL OF CHARGE; FINE [ |
||
|
||
SECTION 2.76. Section 681.013(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The court shall: | ||
(1) dismiss a charge for an offense under Section | ||
681.011(b)(1) if: | ||
(A) the vehicle displayed a disabled parking | ||
placard that was not valid as expired; | ||
(B) the defendant remedies the defect by renewing | ||
the expired disabled parking placard within 20 working days from | ||
the date of the offense or before the defendant's first court | ||
appearance date, whichever is later; and | ||
(C) the disabled parking placard has not been | ||
expired for more than 60 days; and | ||
(2) assess a fine [ |
||
exceed $20 when the charge has been remedied. | ||
SECTION 2.77. Section 702.003(e-1), Transportation Code, | ||
is amended to read as follows: | ||
(e-1) A municipality that has a contract under Subsection | ||
(b) may impose an additional $20 reimbursement fee to a person who | ||
has an outstanding warrant from the municipality for failure to | ||
appear or failure to pay a fine on a complaint that involves the | ||
violation of a traffic law. The additional reimbursement fee may be | ||
used only to reimburse the department or the county | ||
assessor-collector for its expenses for providing services under | ||
the contract, or another county department for expenses related to | ||
services under the contract. | ||
SECTION 2.78. Section 706.006, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 706.006. PAYMENT OF REIMBURSEMENT [ |
||
FEE. (a) Except as provided by Subsection (d), a person who fails | ||
to appear for a complaint or citation for an offense described by | ||
Section 706.002(a) shall be required to pay a reimbursement [ |
||
|
||
reported to the department under this chapter, unless: | ||
(1) the person is acquitted of the charges for which | ||
the person failed to appear; | ||
(2) the charges on which the person failed to appear | ||
were dismissed with prejudice by motion of the appropriate | ||
prosecuting attorney for lack of evidence; | ||
(3) the failure to appear report was sent to the | ||
department in error; or | ||
(4) the case regarding the complaint or citation is | ||
closed and the failure to appear report has been destroyed in | ||
accordance with the applicable political subdivision's records | ||
retention policy. | ||
(a-1) A person who is required to pay a reimbursement fee | ||
under Subsection (a) shall pay the fee when: | ||
(1) the court enters judgment on the underlying | ||
offense reported to the department; | ||
(2) the underlying offense is dismissed, other than a | ||
dismissal described by Subsection (a)(2); or | ||
(3) bond or other security is posted to reinstate the | ||
charge for which the warrant was issued. | ||
(b) Except as provided by Subsection (d), a person who fails | ||
to pay or satisfy a judgment ordering the payment of a fine and cost | ||
in the manner the court orders shall be required to pay a | ||
reimbursement [ |
||
(c) The department may deny renewal of the driver's license | ||
of a person who does not pay a reimbursement fee due under this | ||
section until the fee is paid. The fee required by this section is | ||
in addition to any other fee required by law. | ||
(d) If the court having jurisdiction over the underlying | ||
offense makes a finding that the person is indigent, the person may | ||
not be required to pay a reimbursement [ |
||
under this section. For purposes of this subsection, a person is | ||
presumed to be indigent if the person: | ||
(1) is required to attend school full time under | ||
Section 25.085, Education Code; | ||
(2) is a member of a household with a total annual | ||
income that is below 125 percent of the applicable income level | ||
established by the federal poverty guidelines; or | ||
(3) receives assistance from: | ||
(A) the financial assistance program established | ||
under Chapter 31, Human Resources Code; | ||
(B) the medical assistance program under Chapter | ||
32, Human Resources Code; | ||
(C) the supplemental nutrition assistance | ||
program established under Chapter 33, Human Resources Code; | ||
(D) the federal special supplemental nutrition | ||
program for women, infants, and children authorized by 42 U.S.C. | ||
Section 1786; or | ||
(E) the child health plan program under Chapter | ||
62, Health and Safety Code. | ||
SECTION 2.79. The heading to Section 706.007, | ||
Transportation Code, is amended to read as follows: | ||
Sec. 706.007. [ |
||
FEES. | ||
SECTION 2.80. Sections 706.007(a) and (d), Transportation | ||
Code, are amended to read as follows: | ||
(a) An officer collecting a reimbursement fee under Section | ||
706.006 shall remit the money to the municipal or county treasurer, | ||
as applicable [ |
||
|
||
(d) The [ |
||
custodian of a municipal or county treasury shall[ |
||
[ |
||
|
||
[ |
||
706.006 [ |
||
municipality or county for the purposes of Section 706.008. | ||
ARTICLE 3. ADMINISTRATIVE, CIVIL, AND CRIMINAL CONSEQUENCES | ||
IMPOSED ON PERSONS ARRESTED FOR, CHARGED WITH, OR CONVICTED OF | ||
CERTAIN CRIMINAL OFFENSES | ||
SECTION 3.01. Chapter 1, Code of Criminal Procedure, is | ||
amended by adding Article 1.053 to read as follows: | ||
Art. 1.053. PRESENT ABILITY TO PAY. Except as otherwise | ||
specifically provided, in determining a defendant's ability to pay | ||
for any purpose, the court shall consider only the defendant's | ||
present ability to pay. | ||
SECTION 3.02. Article 43.015, Code of Criminal Procedure, | ||
is amended by adding Subdivision (3) to read as follows: | ||
(3) "Cost" includes any fee imposed on a defendant by | ||
the court at the time a judgment is entered. | ||
SECTION 3.03. Chapter 43, Code of Criminal Procedure, is | ||
amended by adding Article 43.035 to read as follows: | ||
Art. 43.035. RECONSIDERATION OF FINE OR COSTS. (a) If a | ||
defendant notifies the court that the defendant has difficulty | ||
paying the fine and costs in compliance with the judgment, the court | ||
shall hold a hearing to determine whether that portion of the | ||
judgment imposes an undue hardship on the defendant. | ||
(b) For purposes of Subsection (a), a defendant may notify | ||
the court by: | ||
(1) voluntarily appearing and informing the court or | ||
the clerk of the court in the manner established by the court for | ||
that purpose; | ||
(2) filing a motion with the court; | ||
(3) mailing a letter to the court; or | ||
(4) any other method established by the court for that | ||
purpose. | ||
(c) If the court determines at the hearing under Subsection | ||
(a) that the portion of the judgment regarding the fine and costs | ||
imposes an undue hardship on the defendant, the court shall | ||
consider whether the fine and costs should be satisfied through one | ||
or more methods listed under Article 42.15(a-1). | ||
(d) The court may decline to hold a hearing under Subsection | ||
(a) if the court: | ||
(1) previously held a hearing under that subsection | ||
with respect to the case and is able to determine without holding a | ||
hearing that the portion of the judgment regarding the fine and | ||
costs does not impose an undue hardship on the defendant; or | ||
(2) is able to determine without holding a hearing | ||
that: | ||
(A) the applicable portion of the judgment | ||
imposes an undue hardship on the defendant; and | ||
(B) the fine and costs should be satisfied | ||
through one or more methods listed under Article 42.15(a-1). | ||
(e) The court retains jurisdiction for the purpose of making | ||
a determination under this article. | ||
SECTION 3.04. The heading to Article 43.05, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 43.05. ISSUANCE AND RECALL OF CAPIAS PRO FINE [ |
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|
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SECTION 3.05. Article 43.05(a-1), Code of Criminal | ||
Procedure, as added by Chapter 1127 (S.B. 1913), Acts of the 85th | ||
Legislature, Regular Session, 2017, is amended to read as follows: | ||
(a-1) A court may not issue a capias pro fine for the | ||
defendant's failure to satisfy the judgment according to its terms | ||
unless the court holds a hearing to determine whether the judgment | ||
imposes an undue hardship on the defendant [ |
||
|
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(1) [ |
||
(2) comply with an order issued under Subsection (a-3) | ||
as a result of the hearing [ |
||
|
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|
||
SECTION 3.06. Article 43.05, Code of Criminal Procedure, is | ||
amended by amending Subsection (a-2) and adding Subsections (a-3) | ||
and (a-4) to read as follows: | ||
(a-2) If the court determines at the hearing under | ||
Subsection (a-1) that the judgment imposes an undue hardship on the | ||
defendant, the court shall determine whether the fine and costs | ||
should be satisfied through one or more methods listed under | ||
Article 42.15(a-1). The court retains jurisdiction for the purpose | ||
of making a determination under this subsection. | ||
(a-3) If the court determines at the hearing under | ||
Subsection (a-1) that the judgment does not impose an undue | ||
hardship on the defendant, the court shall order the defendant to | ||
comply with the judgment not later than the 30th day after the date | ||
the determination is made. | ||
(a-4) The court shall recall a capias pro fine if, before | ||
the capias pro fine is executed, the defendant: | ||
(1) provides notice to the court under Article 43.035 | ||
and a hearing is set under that article; or | ||
(2) [ |
||
good faith effort to resolve the capias pro fine [ |
||
[ |
||
|
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SECTION 3.07. Article 43.091, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR | ||
CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A court may waive | ||
payment of all or part of a fine [ |
||
the court determines that: | ||
(1) the defendant is indigent or does not have | ||
sufficient resources or income to pay all or part of the fine [ |
||
|
||
defined by Article 45.058(h); and | ||
(2) each alternative method of discharging the fine | ||
[ |
||
hardship on the defendant. | ||
(b) A determination of undue hardship made under Subsection | ||
(a)(2) is in the court's discretion. In making that determination, | ||
the court may consider, as applicable, the defendant's: | ||
(1) significant physical or mental impairment or | ||
disability; | ||
(2) pregnancy and childbirth; | ||
(3) substantial family commitments or | ||
responsibilities, including child or dependent care; | ||
(4) work responsibilities and hours; | ||
(5) transportation limitations; | ||
(6) homelessness or housing insecurity; and | ||
(7) any other factor the court determines relevant. | ||
(c) A court may waive payment of all or part of the costs | ||
imposed on a defendant if the court determines that the defendant: | ||
(1) is indigent or does not have sufficient resources | ||
or income to pay all or part of the costs; or | ||
(2) was, at the time the offense was committed, a child | ||
as defined by Article 45.058(h). | ||
(d) This subsection applies only to a defendant placed on | ||
community supervision, including deferred adjudication community | ||
supervision, whose fine or costs are wholly or partly waived under | ||
this article. At any time during the defendant's period of | ||
community supervision, the court, on the court's own motion or by | ||
motion of the attorney representing the state, may reconsider the | ||
waiver of the fine or costs. After providing written notice to the | ||
defendant and an opportunity for the defendant to present | ||
information relevant to the defendant's ability to pay, the court | ||
may order the defendant to pay all or part of the waived amount of | ||
the fine or costs only if the court determines that the defendant | ||
has sufficient resources or income to pay that amount. | ||
SECTION 3.08. Subchapter A, Chapter 45, Code of Criminal | ||
Procedure, is amended by adding Article 45.004 to read as follows: | ||
Art. 45.004. GENERAL DEFINITION. In this chapter, "cost" | ||
includes any fee imposed on a defendant by the justice or judge at | ||
the time a judgment is entered. | ||
SECTION 3.09. Subchapter B, Chapter 45, Code of Criminal | ||
Procedure, is amended by adding Articles 45.0201 and 45.0445 to | ||
read as follows: | ||
Art. 45.0201. APPEARANCE BY TELEPHONE OR VIDEOCONFERENCE. | ||
If the justice or judge determines that requiring a defendant to | ||
appear before the justice or judge in person for a hearing under | ||
Article 45.0445 or 45.045 would impose an undue hardship on the | ||
defendant, the justice or judge may allow the defendant to appear by | ||
telephone or videoconference. | ||
Art. 45.0445. RECONSIDERATION OF FINE OR COSTS. (a) If | ||
the defendant notifies the justice or judge that the defendant has | ||
difficulty paying the fine and costs in compliance with the | ||
judgment, the justice or judge shall hold a hearing to determine | ||
whether the judgment imposes an undue hardship on the defendant. | ||
(b) For purposes of Subsection (a), a defendant may notify | ||
the justice or judge by: | ||
(1) voluntarily appearing and informing the justice or | ||
judge or the clerk of the court in the manner established by the | ||
justice or judge for that purpose; | ||
(2) filing a motion with the justice or judge; | ||
(3) mailing a letter to the justice or judge; or | ||
(4) any other method established by the justice or | ||
judge for that purpose. | ||
(c) If the justice or judge determines at the hearing under | ||
Subsection (a) that the judgment imposes an undue hardship on the | ||
defendant, the justice or judge shall consider whether to allow the | ||
defendant to satisfy the fine and costs through one or more methods | ||
listed under Article 45.041(a-1). | ||
(d) The justice or judge may decline to hold a hearing under | ||
Subsection (a) if the justice or judge: | ||
(1) previously held a hearing under that subsection | ||
with respect to the case and is able to determine without holding a | ||
hearing that the judgment does not impose an undue hardship on the | ||
defendant; or | ||
(2) is able to determine without holding a hearing | ||
that: | ||
(A) the judgment imposes an undue hardship on the | ||
defendant; and | ||
(B) the fine and costs should be satisfied | ||
through one or more methods listed under Article 45.041(a-1). | ||
(e) The justice or judge retains jurisdiction for the | ||
purpose of making a determination under this article. | ||
SECTION 3.10. Article 45.045(a-2), Code of Criminal | ||
Procedure, as added by Chapter 1127 (S.B. 1913), Acts of the 85th | ||
Legislature, Regular Session, 2017, is amended to read as follows: | ||
(a-2) The court may not issue a capias pro fine for the | ||
defendant's failure to satisfy the judgment according to its terms | ||
unless the court holds a hearing to determine whether the judgment | ||
imposes an undue hardship on the defendant [ |
||
|
||
(1) [ |
||
(2) comply with an order issued under Subsection (a-4) | ||
as a result of the hearing [ |
||
|
||
|
||
SECTION 3.11. Article 45.045, Code of Criminal Procedure, | ||
is amended by amending Subsection (a-3) and adding Subsections | ||
(a-4) and (a-5) to read as follows: | ||
(a-3) If the justice or judge determines at the hearing | ||
under Subsection (a-2) that the judgment imposes an undue hardship | ||
on the defendant, the justice or judge shall determine whether the | ||
fine and costs should be satisfied through one or more methods | ||
listed under Article 45.041(a-1). The justice or judge retains | ||
jurisdiction for the purpose of making a determination under this | ||
subsection. | ||
(a-4) If the justice or judge determines at the hearing | ||
under Subsection (a-2) that the judgment does not impose an undue | ||
hardship on the defendant, the justice or judge shall order the | ||
defendant to comply with the judgment not later than the 30th day | ||
after the date the determination is made. | ||
(a-5) The court shall recall a capias pro fine if, before | ||
the capias pro fine is executed, the defendant: | ||
(1) provides notice to the justice or judge under | ||
Article 45.0445 and a hearing is set under that article; or | ||
(2) [ |
||
good faith effort to resolve the capias pro fine [ |
||
[ |
||
|
||
SECTION 3.12. Article 45.0491, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR | ||
CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A municipal court, | ||
regardless of whether the court is a court of record, or a justice | ||
court may waive payment of all or part of a fine [ |
||
on a defendant if the court determines that: | ||
(1) the defendant is indigent or does not have | ||
sufficient resources or income to pay all or part of the fine [ |
||
|
||
defined by Article 45.058(h); and | ||
(2) discharging the fine [ |
||
45.049 or as otherwise authorized by this chapter would impose an | ||
undue hardship on the defendant. | ||
(b) A defendant is presumed to be indigent or to not have | ||
sufficient resources or income to pay all or part of the fine or | ||
costs for purposes of Subsection (a) or (d) if the defendant: | ||
(1) is in the conservatorship of the Department of | ||
Family and Protective Services, or was in the conservatorship of | ||
that department at the time of the offense; or | ||
(2) is designated as a homeless child or youth or an | ||
unaccompanied youth, as those terms are defined by 42 U.S.C. | ||
Section 11434a, or was so designated at the time of the offense. | ||
(c) A determination of undue hardship made under Subsection | ||
(a)(2) is in the court's discretion. In making that determination, | ||
the court may consider, as applicable, the defendant's: | ||
(1) significant physical or mental impairment or | ||
disability; | ||
(2) pregnancy and childbirth; | ||
(3) substantial family commitments or | ||
responsibilities, including child or dependent care; | ||
(4) work responsibilities and hours; | ||
(5) transportation limitations; | ||
(6) homelessness or housing insecurity; and | ||
(7) any other factors the court determines relevant. | ||
(d) A municipal court, regardless of whether the court is a | ||
court of record, or a justice court may waive payment of all or part | ||
of the costs imposed on a defendant if the court determines that the | ||
defendant: | ||
(1) is indigent or does not have sufficient resources | ||
or income to pay all or part of the costs; or | ||
(2) was, at the time the offense was committed, a child | ||
as defined by Article 45.058(h). | ||
SECTION 3.13. The following provisions of the Code of | ||
Criminal Procedure are repealed: | ||
(1) Article 42.15(a-1), as added by Chapter 977 (H.B. | ||
351), Acts of the 85th Legislature, Regular Session, 2017; | ||
(2) Article 43.05(a-1), as added by Chapter 977 (H.B. | ||
351), Acts of the 85th Legislature, Regular Session, 2017; | ||
(3) Article 45.041(a-1), as added by Chapter 977 (H.B. | ||
351), Acts of the 85th Legislature, Regular Session, 2017; and | ||
(4) Article 45.045(a-2), as added by Chapter 977 (H.B. | ||
351), Acts of the 85th Legislature, Regular Session, 2017. | ||
SECTION 3.14. Notwithstanding Section 32, Chapter 977 (H.B. | ||
351), and Section 28, Chapter 1127 (S.B. 1913), Acts of the 85th | ||
Legislature, Regular Session, 2017, Section 706.006, | ||
Transportation Code, as amended by those Acts, applies to any fee | ||
assessed on or after the effective date of this Act, regardless of | ||
whether the offense, complaint, citation, or other violation giving | ||
rise to the fee occurred before, on, or after the effective date of | ||
this Act. | ||
SECTION 3.15. Articles 1.053 and 45.0201, Code of Criminal | ||
Procedure, as added by this article, apply to a proceeding that | ||
commences before, on, or after the effective date of this Act. | ||
SECTION 3.16. Articles 43.035 and 45.0445, Code of Criminal | ||
Procedure, as added by this article, apply to a notification | ||
received by a court on or after the effective date of this Act, | ||
regardless of whether the judgment of conviction was entered | ||
before, on, or after the effective date of this Act. | ||
SECTION 3.17. The changes in law made by this article to | ||
Articles 43.091 and 45.0491, Code of Criminal Procedure, apply to a | ||
sentencing proceeding that commences before, on, or after the | ||
effective date of this Act. | ||
SECTION 3.18. The change in law made by this article to | ||
Articles 43.05 and 45.045, Code of Criminal Procedure, applies only | ||
to a capias pro fine issued on or after the effective date of this | ||
Act. A capias pro fine issued before the effective date of this Act | ||
is governed by the law in effect on the date the capias pro fine was | ||
issued, and the former law is continued in effect for that purpose. | ||
ARTICLE 4. REPEALERS AND CONFORMING AMENDMENTS | ||
SECTION 4.01. Section 3.506(c), Business & Commerce Code, | ||
is amended to read as follows: | ||
(c) A person may not charge a processing fee to a drawer or | ||
indorser under this section if a reimbursement [ |
||
collected under Article 102.007(e) [ |
||
Procedure. If a processing fee has been collected under this | ||
section and the holder subsequently receives a reimbursement fee | ||
collected under Article 102.007(e) [ |
||
Procedure, the holder shall immediately refund the fee previously | ||
collected from the drawer or indorser. | ||
SECTION 4.02. Article 42.037, Code of Criminal Procedure, | ||
is amended by amending Subsection (g) and adding Subsections (g-1) | ||
and (g-2) to read as follows: | ||
(g)[ |
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restitution under this article within a specified period or in | ||
specified installments. [ |
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[ |
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not be later than: | ||
(1) [ |
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probation is ordered; | ||
(2) [ |
||
imprisonment imposed, if the court does not order probation; or | ||
(3) [ |
||
any other case. | ||
(g-1) [ |
||
defendant shall make restitution immediately. | ||
(g-2) [ |
||
of restitution must require the defendant to: | ||
(1) [ |
||
agency that will accept and forward restitution payments to the | ||
victim or other person eligible for restitution under this article, | ||
including the compensation to victims of crime fund; | ||
(2) [ |
||
other person eligible for restitution under this article, including | ||
the compensation to victims of crime fund; or | ||
(3) [ |
||
restitution to a community supervision and corrections department | ||
for transfer to the victim or person. | ||
SECTION 4.03. Article 42.0373(c), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(c) The court shall, after considering the financial | ||
circumstances of the defendant, specify in a restitution order | ||
issued under Subsection (b) the manner in which the defendant must | ||
pay the restitution. The order must require restitution payments | ||
to be delivered in the manner described by Article 42.037(g-2)(3) | ||
[ |
||
SECTION 4.04. Articles 45.056(d) and (h), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(d) The [ |
||
governing body may pay the salary and benefits of a juvenile case | ||
manager and the costs of training, travel, office supplies, and | ||
other necessary expenses relating to the position of the juvenile | ||
case manager from the local truancy prevention and diversion | ||
[ |
||
Local Government Code. | ||
(h) The commissioners court or governing body of the | ||
municipality that administers a local truancy prevention and | ||
diversion [ |
||
Government Code, [ |
||
of juvenile case managers to ensure the implementation of the rules | ||
adopted under Subsection (f). | ||
SECTION 4.05. The heading to Chapter 102, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
CHAPTER 102. COSTS, FEES, AND FINES PAID BY DEFENDANTS | ||
SECTION 4.06. The heading to Subchapter A, Chapter 102, | ||
Code of Criminal Procedure, is amended to read as follows: | ||
SUBCHAPTER A. [ |
||
SECTION 4.07. Section 21.008(d), Government Code, is | ||
amended to read as follows: | ||
(d) The State Board of Regional Judges is created to | ||
administer the funds appropriated to this account [ |
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|
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regional administrative judges of the state, who shall have the | ||
authority to organize, elect officers, and make such rules as may be | ||
necessary for the proper administration of these accounts. | ||
SECTION 4.08. Section 25.0593(k), Government Code, is | ||
amended to read as follows: | ||
(k) The official court reporter of a county criminal court | ||
is not required to take testimony in a case unless the judge or a | ||
party demands that testimony be taken. [ |
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|
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SECTION 4.09. Section 25.0594(l), Government Code, is | ||
amended to read as follows: | ||
(l) The official court reporter of a county criminal court | ||
of appeals is not required to take testimony in a case in which | ||
neither party nor the judge demands it. [ |
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|
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|
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SECTION 4.10. Section 25.1572(h), Government Code, is | ||
amended to read as follows: | ||
(h) An official court reporter is not required to take | ||
testimony in a case unless the judge or a party demands that | ||
testimony be taken. In civil and probate cases in which the court | ||
reporter is required to take testimony, the clerk shall assess a $3 | ||
fee as costs in the case. The clerk shall collect the fee and | ||
deposit it in the county treasury. The court reporter shall be | ||
available for matters being considered in the county court if the | ||
parties before the court request a court reporter and the request is | ||
approved by the judge of a county court at law. | ||
SECTION 4.11. Section 25.2223(i), Government Code, is | ||
amended to read as follows: | ||
(i) The official court reporter of a county criminal court | ||
is entitled to the same fees and salary as a district court reporter | ||
and shall perform the same duties and take the oath of office as | ||
provided by law for district court reporters. The official court | ||
reporter for the County Criminal Court No. 1 or 3 of Tarrant County | ||
is not required to take testimony in cases in which neither a party | ||
nor the judge demands it. [ |
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SECTION 4.12. Section 25.2702(d), Government Code, is | ||
amended to read as follows: | ||
(d) The judge of the county court at law shall appoint an | ||
official court reporter. The judge may appoint a court | ||
administrator to aid the judge in the performance of the judge's | ||
duties. The official court reporter and the court administrator of | ||
the county court at law are entitled to receive the same salary and | ||
to be paid in the same manner as the official court reporter and | ||
court administrator, respectively, of the district court in the | ||
administrative county for the court. The clerk of the court shall | ||
tax as costs, in each civil[ |
||
record of any part of the evidence in the case is made by the | ||
reporter, a stenographer's fee of $25. The fee shall be paid in the | ||
same manner as other costs in the case. The clerk collects the fee | ||
and pays it into the general funds of the counties. | ||
SECTION 4.13. Section 26.007(a), Government Code, is | ||
amended to read as follows: | ||
(a) Beginning on the first day of the state fiscal year, the | ||
state shall annually compensate each county that collects the | ||
additional fees [ |
||
to $5,000 if the county judge is entitled to an annual salary | ||
supplement from the state under Section 26.006. | ||
SECTION 4.14. Section 26.008(a), Government Code, is | ||
amended to read as follows: | ||
(a) At the end of each state fiscal year, the comptroller | ||
shall determine the amounts deposited in the judicial fund under | ||
Section 51.703 and the amounts paid to the counties under Section | ||
26.007. If the total amount paid under Section 51.703 by all | ||
counties that collect fees [ |
||
the total amount paid to the counties under Section 26.007, the | ||
state shall remit the excess to the counties that collect fees [ |
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|
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of the total paid by each county. | ||
SECTION 4.15. Section 30.00014(g), Government Code, is | ||
amended to read as follows: | ||
(g) The defendant shall pay [ |
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proceedings. | ||
SECTION 4.16. Section 61.0015(c), Government Code, is | ||
amended to read as follows: | ||
(c) The comptroller shall pay claims for reimbursement | ||
under this section quarterly to the county treasury of each county | ||
that filed a claim from money collected under Subchapter B, Chapter | ||
133, Local Government Code [ |
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SECTION 4.17. Section 101.0613, Government Code, is amended | ||
to read as follows: | ||
Sec. 101.0613. DISTRICT COURT FEES AND COSTS: HUMAN | ||
RESOURCES CODE. The clerk of a district court shall collect fees | ||
and costs under the Human Resources Code as follows: | ||
(1) [ |
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|
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[ |
||
marriage for services of child support department in Harris County, | ||
if authorized by the county commissioners court (Sec. 152.1074, | ||
Human Resources Code) . . . not to exceed $12; | ||
(2) [ |
||
if ordered by the commissioners court and assessed by the court | ||
(Sec. 152.1844, Human Resources Code) . . . not to exceed $5 a | ||
month payable annually in advance; | ||
(3) [ |
||
by a district court to pay child or spousal support: | ||
(A) in Collin County if authorized by the | ||
juvenile board (Sec. 152.0492, Human Resources Code) . . . not to | ||
exceed $2.50 added to first support payment each month; | ||
(B) in Johnson County if authorized by the | ||
juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00 | ||
added to first support payment each month; and | ||
(C) in Montague County (Sec. 152.1752, Human | ||
Resources Code) . . . $1 if fee is ordered to be paid monthly, 50 | ||
cents if fee is ordered to be paid semimonthly or weekly; | ||
(4) [ |
||
Montague County on a finding of contempt of court for failure to pay | ||
child or spousal support if the contempt action is initiated by the | ||
probation department (Sec. 152.1752, Human Resources Code) . . . | ||
$15; | ||
(5) [ |
||
in Montague County (Sec. 152.1752, Human Resources Code) . . . $25; | ||
(6) [ |
||
for failure to comply with child support order in Nueces County, if | ||
authorized by the commissioners court (Sec. 152.1844, Human | ||
Resources Code) . . . not to exceed $10; | ||
(7) [ |
||
County (Sec. 152.1873, Human Resources Code) . . . not less than | ||
$5; | ||
(8) [ |
||
court in Orange County for failure to comply with a child support | ||
order or order providing for possession of or access to a child | ||
(Sec. 152.1873, Human Resources Code) . . . amount determined by | ||
district clerk; | ||
(9) [ |
||
in Orange County (Sec. 152.1874, Human Resources Code) . . . not | ||
less than $25; and | ||
(10) [ |
||
adoption in Wichita County (Sec. 152.2496, Human Resources Code) | ||
. . . $100. | ||
SECTION 4.18. Section 101.141(b), Government Code, is | ||
amended to read as follows: | ||
(b) A clerk of a justice court shall collect fees and costs | ||
under other laws as follows: | ||
(1) the cost of a special program that a court may | ||
order a child to attend after a finding that the child committed an | ||
offense, if ordered by the court (Art. 45.057, Code of Criminal | ||
Procedure) . . . costs of the program not to exceed $100; | ||
(2) additional filing fees: | ||
(A) to fund Dallas County civil court facilities | ||
(Sec. 51.705, Government Code) . . . not more than $15; | ||
(B) for filing any civil action or proceeding | ||
requiring a filing fee, including an appeal, and on the filing of | ||
any counterclaim, cross-action, intervention, interpleader, or | ||
third-party action requiring a filing fee, to fund civil legal | ||
services for the indigent (Sec. 133.153, Local Government Code) | ||
. . . $6; | ||
(C) to fund the improvement of Hays County court | ||
facilities, if authorized by the county commissioners court | ||
(Sec. 51.707, Government Code) . . . not more than $15; and | ||
(D) to fund the construction, renovation, or | ||
improvement of Rockwall County court facilities, if authorized by | ||
the county commissioners court (Sec. 51.709, Government Code) | ||
. . . not more than $15; | ||
(3) [ |
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[ |
||
a vehicle and placement in a storage facility if assessed by the | ||
court (Sec. 2308.457, Occupations Code) . . . $20; and | ||
(4) [ |
||
(Sec. 51.851, Government Code) . . . $10. | ||
SECTION 4.19. Section 101.181, Government Code, is amended | ||
to read as follows: | ||
Sec. 101.181. MUNICIPAL COURTS OF RECORD FEES AND COSTS. | ||
The clerk of a municipal court of record shall collect [ |
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[ |
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[ |
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||
[ |
||
order a child to attend after finding that the child committed an | ||
offense, if ordered by the court, under Article [ |
||
Code of Criminal Procedure, in the amount of the [ |
||
costs of the program, not to exceed $100. | ||
SECTION 4.20. Section 102.021, Government Code, is amended | ||
to read as follows: | ||
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL | ||
PROCEDURE. A person convicted of an offense shall pay [ |
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other costs and[ |
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[ |
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[ |
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[ |
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[ |
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municipal court judge hearing the case, court costs on conviction | ||
in a criminal action under Article [ |
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Procedure, in the amount of [ |
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costs as directed by the judge[ |
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SECTION 4.21. Section 102.0212, Government Code, is amended | ||
to read as follows: | ||
Sec. 102.0212. COURT COSTS ON CONVICTION: LOCAL GOVERNMENT | ||
CODE. A person convicted of an offense shall pay the following | ||
under the Local Government Code, in addition to all other costs: | ||
(1) court costs on conviction of a felony (Sec. | ||
133.102, Local Government Code) . . . $185 [ |
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(2) court costs on conviction of a Class A or Class B | ||
misdemeanor (Sec. 133.102, Local Government Code) . . . $147 [ |
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(3) court costs on conviction of a nonjailable | ||
misdemeanor offense, including a criminal violation of a municipal | ||
ordinance, other than a conviction of an offense relating to a | ||
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local | ||
Government Code) . . . $62 [ |
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(4) court costs on conviction of a felony (Sec. | ||
134.101, Local Government Code) . . . $105 [ |
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(5) court costs on conviction of a Class A or Class B | ||
misdemeanor (Sec. 134.102, Local Government Code) . . . $123 [ |
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(6) court costs on conviction of a nonjailable | ||
misdemeanor offense, including a criminal violation of a municipal | ||
ordinance (Sec. 134.103, Local Government Code) . . . $14 [ |
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SECTION 4.22. Section 103.021, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, | ||
or a party to a civil suit, as applicable, shall pay the following | ||
fees and costs under the Code of Criminal Procedure if ordered by | ||
the court or otherwise required: | ||
(1) [ |
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(Art. 102.006, Code of Criminal Procedure) . . . $1, plus postage; | ||
(2) [ |
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order of expunction (Art. 102.006, Code of Criminal Procedure) | ||
. . . $2, plus postage; | ||
(3) [ |
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fees, restitution, or other costs (Art. 102.072, Code of Criminal | ||
Procedure) . . . not to exceed $2 for each transaction; and | ||
(4) [ |
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commissioners court of a county or the governing body of a | ||
municipality, for certain debts and accounts receivable, including | ||
unpaid fines, fees, court costs, forfeited bonds, and restitution | ||
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 | ||
percent of an amount more than 60 days past due[ |
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SECTION 4.23. Section 103.0211, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party | ||
to a civil suit, as applicable, shall pay the following fees and | ||
costs under the Government Code if ordered by the court or otherwise | ||
required: | ||
(1) a court reporter fee when testimony is taken[ |
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McLennan County (Sec. 25.1572, Government Code) . . . $3; [ |
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(2) a court reporter service fee if the courts have | ||
official court reporters (Sec. 51.601, Government Code) . . . $15 | ||
or, in specified counties, $30; | ||
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(3) [ |
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nondisclosure of criminal history record information in certain | ||
cases (Secs. 411.072 and 411.0745, Government Code) . . . $28. | ||
SECTION 4.24. Section 103.0212, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a | ||
civil suit, as applicable, shall pay the following fees and costs | ||
under the Family Code if ordered by the court or otherwise required: | ||
(1) in family matters: | ||
(A) issuing writ of withholding (Sec. 8.262, | ||
Family Code) . . . $15; | ||
(B) filing copy of writ of withholding to | ||
subsequent employer (Sec. 8.267, Family Code) . . . $15; | ||
(C) issuing and delivering modified writ of | ||
withholding or notice of termination (Sec. 8.302, Family Code) | ||
. . . $15; | ||
(D) issuing and delivering notice of termination | ||
of withholding (Sec. 8.303, Family Code) . . . $15; | ||
(E) issuance of change of name certificate | ||
(Sec. 45.106, Family Code) . . . $10; | ||
(F) protective order fee (Sec. 81.003, Family | ||
Code) . . . $16; | ||
(G) filing suit requesting adoption of child | ||
(Sec. 108.006, Family Code) . . . $15; | ||
(H) filing fees for suits affecting parent-child | ||
relationship (Sec. 110.002, Family Code): | ||
(i) suit or motion for modification | ||
(Sec. 110.002, Family Code) . . . $15; | ||
(ii) motion for enforcement (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(iii) notice of application for judicial | ||
writ of withholding (Sec. 110.002, Family Code) . . . $15; | ||
(iv) motion to transfer (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(v) petition for license suspension | ||
(Sec. 110.002, Family Code) . . . $15; | ||
(vi) motion to revoke a stay of license | ||
suspension (Sec. 110.002, Family Code) . . . $15; and | ||
(vii) motion for contempt (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(I) order or writ of income withholding to be | ||
delivered to employer (Sec. 110.004, Family Code) . . . not to | ||
exceed $15; | ||
(J) filing fee for transferred case | ||
(Sec. 110.005, Family Code) . . . $45; | ||
(K) filing a writ of withholding (Sec. 158.319, | ||
Family Code) . . . $15; | ||
(L) filing a request for modified writ of | ||
withholding or notice of termination (Sec. 158.403, Family Code) | ||
. . . not to exceed $15; | ||
(M) filing an administrative writ to employer | ||
(Sec. 158.503, Family Code) . . . not to exceed $15; and | ||
(N) genetic testing fees in relation to a child | ||
born to a gestational mother (Sec. 160.762, Family Code) . . . as | ||
assessed by the court; and | ||
(2) in juvenile court: | ||
(A) fee schedule for deferred prosecution | ||
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a | ||
month; | ||
(B) [ |
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[ |
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diversion fund (Sec. 54.0411, Family Code) . . . $20; | ||
(C) [ |
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(Sec. 54.0461, Family Code) . . . $50; | ||
(D) [ |
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period (Sec. 54.061, Family Code) . . . not to exceed $15 a month; | ||
(E) [ |
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[ |
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certain facilities (Sec. 54.0462, Family Code) . . . $50; | ||
(F) [ |
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on probation or as otherwise required by law (Sec. 54.0462, Family | ||
Code) . . . $34; | ||
(G) [ |
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violence court program (Sec. 54.0325, Family Code) . . . $10; and | ||
(H) [ |
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administering a teen dating violence court program (Sec. 54.0325, | ||
Family Code) . . . not to exceed $10. | ||
SECTION 4.25. Section 103.0213, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a | ||
party to a civil suit, as applicable, shall pay an [ |
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driving a commercial motor vehicle without a commercial driver's | ||
license or commercial learner's permit (Sec. 522.011, | ||
Transportation Code) . . . not to exceed $10. | ||
SECTION 4.26. Section 103.0214, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.0214. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: HEALTH AND SAFETY CODE. An accused or defendant, or a | ||
party to a civil suit, as applicable, shall pay the following court | ||
[ |
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court or otherwise required[ |
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[ |
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[ |
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treated the animal, [ |
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(1) [ |
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Safety Code) . . . actual costs; | ||
(2) [ |
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Safety Code) . . . actual costs; | ||
(3) [ |
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impoundment (Sec. 821.023, Health and Safety Code) . . . actual | ||
costs; | ||
(4) [ |
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court (Sec. 821.023, Health and Safety Code) . . . actual costs; | ||
and | ||
(5) [ |
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destruction is ordered by the court (Sec. 821.023, Health and | ||
Safety Code) . . . actual costs. | ||
SECTION 4.27. Section 103.024, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.024. MISCELLANEOUS FEES AND COSTS: CODE OF | ||
CRIMINAL PROCEDURE. Fees and costs shall be paid or collected under | ||
the Code of Criminal Procedure as follows: | ||
(1) filing of a restitution lien (Art. 42.22, Code of | ||
Criminal Procedure) . . . $5; and | ||
(2) [ |
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[ |
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by a registered sex offender for receipt of a copy of an order | ||
making the registration nonpublic (Art. [ |
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Criminal Procedure) . . . $20. | ||
SECTION 4.28. Section 103.027(a), Government Code, as | ||
effective September 1, 2019, is amended to read as follows: | ||
(a) Fees and costs shall be paid or collected under the | ||
Government Code as follows: | ||
(1) filing a certified copy of a judicial finding of | ||
fact and conclusion of law if charged by the secretary of state | ||
(Sec. 51.905, Government Code) . . . $15; | ||
(2) [ |
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[ |
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state, a nonresident attorney fee (Sec. 82.0361, Government Code) | ||
. . . $250 except as waived or reduced under supreme court rules for | ||
representing an indigent person; | ||
(3) [ |
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contested case, the cost of preparing the original or a certified | ||
copy of the record of the agency proceeding, if required by the | ||
agency's rule, as a court cost (Sec. 2001.177, Government Code) | ||
. . . as assessed by the court, all or part of the cost of | ||
preparation[ |
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(4) [ |
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the filing of a suit, including an appeal from an inferior court, or | ||
a cross-action, counterclaim, intervention, contempt action, | ||
motion for new trial, or third-party petition, in any court in the | ||
county for which the district clerk accepts filings, if authorized | ||
by the county commissioners court (Sec. 51.305, Government Code) | ||
. . . not more than $5. | ||
SECTION 4.29. Section 103.0292, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.0292. ADDITIONAL MISCELLANEOUS FEES [ |
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HEALTH AND SAFETY CODE. A nonrefundable reimbursement [ |
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fee for a first offender prostitution prevention program | ||
established under Section 169.002, Health and Safety Code, shall be | ||
collected under Section 169.005, Health and Safety Code, in a | ||
reasonable amount not to exceed $1,000, which includes: | ||
(1) a counseling and services reimbursement fee in an | ||
amount necessary to cover the costs of counseling and services | ||
provided by the program; and | ||
(2) [ |
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[ |
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an amount equal to five percent of the total fee. | ||
SECTION 4.30. Section 103.030, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.030. MISCELLANEOUS FEES AND COSTS: LOCAL | ||
GOVERNMENT CODE. Fees and costs shall be paid or collected under | ||
the Local Government Code as follows: | ||
(1) services by the offices of the sheriff and | ||
constables (Sec. 118.131, Local Government Code) . . . amount set | ||
by county commissioners court; | ||
(2) a filing fee or recording fee for each page of a | ||
legal paper presented for filing or recording that fails to meet | ||
certain requirements regarding paper size, weight, substance, | ||
headings, legibility, the presence of typed or printed names under | ||
each signature, and number and size of riders or attachments | ||
(Sec. 191.007, Local Government Code) . . . twice the regular | ||
filing fee or recording fee provided by statute for that page, | ||
rider, or attachment; | ||
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(3) [ |
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fee, if authorized by the commissioners court of the county (Secs. | ||
118.026, 118.069, and 118.102, Local Government Code) . . . $2.00. | ||
SECTION 4.31. Section 123.006(c), Government Code, is | ||
amended to read as follows: | ||
(c) Notwithstanding Subsection (a), a county is required to | ||
establish a drug court program under this section only if: | ||
(1) the county receives federal or state funding[ |
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(2) the judge, magistrate, or coordinator receives the | ||
verification described by Section 121.002(c)(2). | ||
SECTION 4.32. Section 411.145(c), Government Code, is | ||
amended to read as follows: | ||
(c) A fee collected under this section shall be deposited in | ||
the state treasury to the credit of the state highway fund, and | ||
money deposited to the state highway fund under this section and | ||
under Chapter 42A [ |
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Procedure, may be used only to defray the cost of administering this | ||
subchapter. | ||
SECTION 4.33. Section 420.008(b), Government Code, is | ||
amended to read as follows: | ||
(b) The fund consists of fees and fines collected under: | ||
(1) Article 42A.653(a), Code of Criminal Procedure; | ||
(2) Section 508.189, Government Code; and | ||
(3) Subchapter B, Chapter 102, Business & Commerce | ||
Code, and deposited under Section 102.054. | ||
SECTION 4.34. Section 133.055(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) If the treasurer does not collect any fees during a | ||
calendar quarter, the treasurer shall file the report required for | ||
the quarter in the regular manner. The report must state that no | ||
fees were collected. This subsection does not apply to fees or | ||
fines collected under Article 42A.303 [ |
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Criminal Procedure, or under Section 76.013, Government Code. | ||
SECTION 4.35. Section 133.058(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) A county may not retain a service fee on the collection | ||
of a fee or fine: | ||
(1) for the judicial fund; | ||
(2) under Article 42A.303 or 42A.653, Code of Criminal | ||
Procedure; | ||
(3) under Section 51.851, Government Code; or | ||
(4) under Section 51.971, Government Code. | ||
SECTION 4.36. Section 203.003, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 203.003. DUTIES OF COMMISSIONERS COURT. The | ||
commissioners court of each county shall: | ||
(1) promote and support the efficient and economical | ||
management of records of all elective offices in the county to | ||
enable elected county officers to conform to this subtitle and | ||
rules adopted under it; | ||
(2) facilitate the creation and maintenance of records | ||
containing adequate and proper documentation of the organization, | ||
functions, policies, decisions, procedures, and essential | ||
transactions of each elective office and designed to furnish the | ||
information necessary to protect the legal and financial rights of | ||
the local government, the state, and the persons affected by the | ||
activities of the local government; | ||
(3) facilitate the identification and preservation of | ||
the records of elective offices that are of permanent value; | ||
(4) facilitate the identification and protection of | ||
the essential records of elective offices; | ||
(5) establish a county clerk records management and | ||
preservation fund for fees subject to Section 118.0216 and approve | ||
in advance any expenditures from the fund; and | ||
(6) establish a records management and preservation | ||
fund for the records management and preservation fees authorized | ||
under Sections 118.052, 118.0546, and 118.0645, and Section 51.317, | ||
Government Code, [ |
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which may be spent only for records management preservation or | ||
automation purposes in the county. | ||
SECTION 4.37. Section 12.110(d), Parks and Wildlife Code, | ||
is amended to read as follows: | ||
(d) The department may sell confiscated live game described | ||
by Subsection (a) to the highest of three bidders. At the time of a | ||
sale under this subsection, the department shall provide the buyer | ||
a receipt for all game sold to the buyer. The department shall | ||
deposit the proceeds of the sale in the state treasury to the credit | ||
of the appropriate suspense fund pending the outcome of any action | ||
against the person charged with an unlawful action described by | ||
Subsection (a). [ |
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person is acquitted by the trial court, the charges against the | ||
person are dismissed, or the statute of limitations period for the | ||
prosecution of the offense has expired, the department shall pay | ||
the proceeds of the sale to the person from whom the game was | ||
seized. | ||
SECTION 4.38. Sections 542.402(b), (b-2), (d), and (d-1), | ||
Transportation Code, are amended to read as follows: | ||
(b) In each fiscal year, a municipality having a population | ||
of less than 5,000 may retain, from fines collected for violations | ||
of this title and fines [ |
||
Article 45.051(a) [ |
||
which a violation of this title is alleged, an amount equal to 30 | ||
percent of the municipality's revenue for the preceding fiscal year | ||
from all sources, other than federal funds and bond proceeds, as | ||
shown by the audit performed under Section 103.001, Local | ||
Government Code. After a municipality has retained that amount, | ||
the municipality shall send to the comptroller any portion of a fine | ||
[ |
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(b-2) In each fiscal year, a county described by Subsection | ||
(b-1) may retain, from fines collected for violations of this title | ||
and from fines [ |
||
[ |
||
of this title is alleged, an amount equal to 30 percent of the | ||
county's revenue for the preceding fiscal year from all sources, | ||
other than federal funds and bond proceeds, as shown by an audit | ||
performed under Chapter 115, Local Government Code. After a county | ||
has retained that amount, the county shall send to the comptroller | ||
any portion of a fine [ |
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$1. | ||
(d) In a fiscal year in which a municipality retains from | ||
fines and special expenses collected for violations of this title | ||
an amount equal to at least 20 percent of the municipality's revenue | ||
for the preceding fiscal year from all sources other than federal | ||
funds and bond proceeds, not later than the 120th day after the last | ||
day of the municipality's fiscal year, the municipality shall send | ||
to the comptroller: | ||
(1) a copy of the municipality's financial statement | ||
for that fiscal year filed under Chapter 103, Local Government | ||
Code; and | ||
(2) a report that shows the total amount collected for | ||
that fiscal year from fines [ |
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(b). | ||
(d-1) In a fiscal year in which a county retains from fines | ||
and special expenses collected for violations of this title an | ||
amount equal to at least 20 percent of the county's revenue for the | ||
preceding fiscal year from all sources other than federal funds and | ||
bond proceeds, not later than the 120th day after the last day of | ||
the county's fiscal year, the county shall send to the comptroller: | ||
(1) a copy of the county's financial statement; and | ||
(2) a report that shows the total amount collected for | ||
that fiscal year from fines [ |
||
(b-1). | ||
SECTION 4.39. Section 706.005(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A political subdivision shall immediately notify the | ||
department that there is no cause to continue to deny renewal of a | ||
person's driver's license based on the person's previous failure to | ||
appear or failure to pay or satisfy a judgment ordering the payment | ||
of a fine and cost in the manner ordered by the court in a matter | ||
involving an offense described by Section 706.002(a), on payment of | ||
a reimbursement fee as provided by Section 706.006 and: | ||
(1) the perfection of an appeal of the case for which | ||
the warrant of arrest was issued or judgment arose; | ||
(2) the dismissal of the charge for which the warrant | ||
of arrest was issued or judgment arose, other than a dismissal with | ||
prejudice by motion of the appropriate prosecuting attorney for | ||
lack of evidence; | ||
(3) the posting of bond or the giving of other security | ||
to reinstate the charge for which the warrant was issued; | ||
(4) the payment or discharge of the fine and cost owed | ||
on an outstanding judgment of the court; or | ||
(5) other suitable arrangement to pay the fine and | ||
cost within the court's discretion. | ||
SECTION 4.40. The following provisions are repealed: | ||
(1) Articles 102.001(f) and (h), Code of Criminal | ||
Procedure; | ||
(2) Article 102.0071, Code of Criminal Procedure; | ||
(3) Article 102.022, Code of Criminal Procedure; | ||
(4) Sections 202.005(c) and (d), Family Code; | ||
(5) Section 30.00014(f), Government Code; | ||
(6) Sections 30.00147(b) and (g), Government Code; | ||
(7) Section 54.313, Government Code; | ||
(8) Section 54.663, Government Code; | ||
(9) Sections 54.745(b) and (c), Government Code; | ||
(10) Section 54.883, Government Code; | ||
(11) Section 54.913, Government Code; | ||
(12) Section 54.983, Government Code; | ||
(13) Section 101.0813, Government Code; | ||
(14) Section 102.0211, Government Code; | ||
(15) Section 102.0213, Government Code; | ||
(16) Section 102.0214, Government Code; | ||
(17) Section 102.041, Government Code; | ||
(18) Section 102.0415, Government Code; | ||
(19) Section 102.042, Government Code; | ||
(20) Section 102.061, Government Code; | ||
(21) Section 102.0615, Government Code; | ||
(22) Section 102.062, Government Code; | ||
(23) Section 102.081, Government Code; | ||
(24) Section 102.082, Government Code; | ||
(25) Section 102.101, Government Code; | ||
(26) Section 102.103, Government Code; | ||
(27) Section 102.121, Government Code; | ||
(28) Section 102.142, Government Code; | ||
(29) Section 123.003(b), Government Code; | ||
(30) Section 124.004(b), Government Code; | ||
(31) Section 129.005(b), Government Code; | ||
(32) Section 152.0522, Human Resources Code; | ||
(33) Sections 133.103(b) and (d), Local Government | ||
Code; and | ||
(34) Section 12.110(b), Parks and Wildlife Code. | ||
ARTICLE 5. TRANSITION AND EFFECTIVE DATE | ||
SECTION 5.01. Except as otherwise provided by this Act, the | ||
changes in law made by this Act apply only to a cost, fee, or fine on | ||
conviction for an offense committed on or after the effective date | ||
of this Act. 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 5.02. Article 45.051(a-1), Code of Criminal | ||
Procedure, as reenacted and amended by this Act, applies to a | ||
sentencing proceeding that commences before, on, or after the | ||
effective date of this Act. | ||
SECTION 5.03. To the extent of any conflict, this Act | ||
prevails over another Act of the 86th Legislature, Regular Session, | ||
2019, relating to nonsubstantive additions to and corrections in | ||
enacted codes. | ||
SECTION 5.04. This Act takes effect January 1, 2020. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 346 passed the Senate on | ||
April 17, 2019, by the following vote: Yeas 30, Nays 1; and that | ||
the Senate concurred in House amendments on May 23, 2019, by the | ||
following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 346 passed the House, with | ||
amendments, on May 21, 2019, by the following vote: Yeas 145, | ||
Nays 1, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |