1-1  By:  Turner of Harris (Senate Sponsor - Whitmire)      H.B. No. 930
    1-2        (In the Senate - Received from the House May 5, 1993;
    1-3  May 6, 1993, read first time and referred to Committee on Criminal
    1-4  Justice; May 11, 1993, reported favorably by the following vote:
    1-5  Yeas 6, Nays 0; May 11, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Whitmire           x                               
    1-9        Brown              x                               
   1-10        Nelson             x                               
   1-11        Sibley                                         x   
   1-12        Sims               x                               
   1-13        Turner             x                               
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the authority of a justice of the peace or municipal
   1-18  judge to order community service in satisfaction of fine or costs
   1-19  and to the justice precinct in which persons may be tried or in
   1-20  which a constable may be allowed a fee.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Chapter 45, Code of Criminal Procedure, is
   1-23  amended by adding Article 45.521 to read as follows:
   1-24        Art. 45.521.  COMMUNITY SERVICE IN SATISFACTION OF FINE OR
   1-25  COSTS.  (a)  A justice or judge may require a defendant who fails
   1-26  to pay a previously assessed fine or costs,  or who is determined
   1-27  by the court to have insufficient resources or income to pay a fine
   1-28  or costs, to discharge all or part of the fine or costs by
   1-29  performing community service.  A defendant may discharge an
   1-30  obligation to perform community service under this article by
   1-31  paying at  any time the fine and costs assessed.
   1-32        (b)  In the justice's or judge's order requiring a defendant
   1-33  to participate in community service work under this article, the
   1-34  justice or judge must specify:
   1-35              (1)  the number of hours the defendant is required to
   1-36  work;
   1-37              (2)  the entity or organization for which the defendant
   1-38  is required to work; and
   1-39              (3)  the project on which the defendant is required to
   1-40  work.
   1-41        (c)  The justice or judge may order the defendant to perform
   1-42  community service work under this article only for a governmental
   1-43  entity or a nonprofit organization that provides services to the
   1-44  general public that enhance social welfare and the general
   1-45  well-being of the community.  A governmental entity or nonprofit
   1-46  organization that accepts a defendant under this article to perform
   1-47  community service must agree to supervise the defendant in the
   1-48  performance of the defendant's work and report on the defendant's
   1-49  work to the justice or judge who ordered the community service.
   1-50        (d)  A justice or judge may not order a defendant to perform
   1-51  more than 16 hours per week of community service under this article
   1-52  unless the justice or judge determines that requiring the defendant
   1-53  to work additional hours does not work a hardship on the defendant
   1-54  or the defendant's dependents.
   1-55        (e)  A defendant is considered to have discharged $50 of
   1-56  fines or costs for each eight hours of community service performed
   1-57  under this article.
   1-58        (f)  A sheriff, employee of a sheriff's department, county
   1-59  commissioner, county employee, county judge, justice of the peace,
   1-60  municipal court judge, or officer or employee of a political
   1-61  subdivision other than a county is not liable for damages arising
   1-62  from an act or failure to act in connection with manual labor
   1-63  performed by a defendant under this article if the act or failure
   1-64  to act:
   1-65              (1)  was performed pursuant to court order; and
   1-66              (2)  was not intentional, wilfully or wantonly
   1-67  negligent, or performed with conscious indifference or reckless
   1-68  disregard for the safety of others.
    2-1        SECTION 2.  The heading of Article 45.22, Code of Criminal
    2-2  Procedure, is amended to read as follows:
    2-3        Art. 45.22.  OFFENSES IN COUNTIES OF LESS THAN 2,000,000 AND
    2-4  OVER 225,000; VENUE; FEE OF CONSTABLE; PENALTIES.
    2-5        SECTION 3.  Section 4, Article 45.22, Code of Criminal
    2-6  Procedure, is amended to read as follows:
    2-7        Sec. 4.  The provisions of this Article shall apply only to
    2-8  counties having a population of less than 2,000,000 and over
    2-9  225,000 <or over> according to the last preceding federal census.
   2-10        SECTION 4.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended,
   2-15  and that this Act take effect and be in force from and after its
   2-16  passage, and it is so enacted.
   2-17                               * * * * *
   2-18                                                         Austin,
   2-19  Texas
   2-20                                                         May 11, 1993
   2-21  Hon. Bob Bullock
   2-22  President of the Senate
   2-23  Sir:
   2-24  We, your Committee on Criminal Justice to which was referred H.B.
   2-25  No. 930, have had the same under consideration, and I am instructed
   2-26  to report it back to the Senate with the recommendation that it do
   2-27  pass and be printed.
   2-28                                                         Whitmire,
   2-29  Chairman
   2-30                               * * * * *
   2-31                               WITNESSES
   2-32                                                  FOR   AGAINST  ON
   2-33  ___________________________________________________________________
   2-34  Name:  David Patronela                           x
   2-35  Representing:  Justices of Peace of Harris Co
   2-36  City:  Houston
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   2-38  Name:  Bill Freeman                              x
   2-39  Representing:  Justice of the Peace & Consta
   2-40  City:  Gainesville
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   2-42  Name:  John Williams                             x
   2-43  Representing:  Justice of the Peace & Consta
   2-44  City:  Robstown
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   2-46  Name:  John Boston                                             x
   2-47  Representing:  Tx Crim Defense Lawyers
   2-48  City:  Austin
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