By: Moreno H.B. No. 1574 73R3968 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to security of individuals in a county courthouse or 1-3 courts building and the establishment of the county courthouse 1-4 security fund. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 291.003, Local Government Code, is 1-7 amended to read as follows: 1-8 Sec. 291.003. CONTROL OF COURTHOUSE AND COURTS BUILDING. 1-9 (a) The commissioners court of a county shall adopt rules for 1-10 security at the county courthouse and each county courts building. 1-11 The commissioners court may delegate management of the security to 1-12 the sheriff of the county. 1-13 (b) The county sheriff shall have charge and control of the 1-14 county courthouse, subject to the regulations of the commissioners 1-15 court. 1-16 (c) In this section, "county courts building" means a 1-17 criminal court building, a criminal justice center, or another 1-18 building where a court of appeals or a district court, statutory 1-19 county court, master, magistrate or referee appointed under Chapter 1-20 54, Government Code, or statutory probate court with jurisdiction 1-21 in the county maintains an office or courtroom or holds 1-22 proceedings. 1-23 SECTION 2. Chapter 291, Local Government Code, is amended by 1-24 adding Sections 291.0035, 291.0036, and 291.0037 to read as 2-1 follows: 2-2 Sec. 291.0035. COURTHOUSE SECURITY FUND. (a) The 2-3 courthouse security fund is established in the county treasury. 2-4 The sums described by this section shall be deposited in the 2-5 courthouse security fund. 2-6 (b) A sum set by the commissioners court not to exceed $20 2-7 shall be taxed, collected, and paid as other costs in each civil 2-8 case filed in a municipal, county, or district court in the county, 2-9 except suits for delinquent taxes. The county is not liable for 2-10 the costs. 2-11 (c) Court costs in the amount of $2.50 shall be collected 2-12 from a person convicted of a criminal offense, in addition to other 2-13 taxable court costs, except that no additional court cost shall be 2-14 charged for a conviction of an offense under: 2-15 (1) Chapter 173, Acts of the 47th Legislature, Regular 2-16 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), and 2-17 its subsequent amendments; or 2-18 (2) the Uniform Act Regulating Traffic on Highways 2-19 (Article 6701d, Vernon's Texas Civil Statutes) and its subsequent 2-20 amendments, except Sections 34, 76-81, and 93-97 of that Act. 2-21 (d) Except as provided by Section 291.0037, the clerks of 2-22 the respective courts shall collect the costs and pay them to the 2-23 county treasurer, or to any other official who discharges the 2-24 duties commonly delegated to the county treasurer, for deposit in 2-25 the courthouse security fund. If a court has jurisdiction in more 2-26 than one county, the clerk shall remit to each county under this 2-27 section an amount proportionately based on the percentage of the 3-1 population of the jurisdiction in each county. 3-2 (e) A clerk collecting money under this section shall file a 3-3 report under Article 103.005, Code of Criminal Procedure, and its 3-4 subsequent amendments. If no money due under this section during a 3-5 quarter is collected, a report for the quarter shall be filed in 3-6 the regular manner and shall state that no money due under this 3-7 section was collected. 3-8 (f) Money collected under this section is subject to audit 3-9 by the county treasurer or the county auditor as determined by the 3-10 commissioners court. 3-11 Sec. 291.0036. USE OF COURTHOUSE SECURITY FUND. (a) After 3-12 consulting with other judges in the county, the local 3-13 administrative judge, local administrative statutory judge, and the 3-14 sheriff of the county may give the commissioners court advice on 3-15 the rules for security at the county courthouse and county courts 3-16 buildings or may submit to the commissioners court, during the 3-17 county budgetary process, a proposed budget for security at the 3-18 county courthouse and county courts buildings. 3-19 (b) The funds in the courthouse security fund may be used 3-20 only for additional security at the county courthouse and county 3-21 courts buildings and may not be used to fund courthouse security 3-22 systems that exist on the effective date of the law enacting this 3-23 section. 3-24 (c) If the management of the security is delegated to the 3-25 sheriff of the county under Section 291.003, the commissioners 3-26 court may not use the courthouse security fund to offset or 3-27 decrease total salaries, expenses, and allowances that the 4-1 sheriff's department receives from the commissioners court. 4-2 (d) Notwithstanding Subsection (b), the courthouse security 4-3 fund may be used to fund courthouse security systems existing on 4-4 the effective date of the law enacting this section if a majority 4-5 of all the regular district and statutory county court judges in 4-6 the county give written consent to the commissioners court. 4-7 (e) In this section, a person is convicted in a criminal 4-8 case if: 4-9 (1) a sentence is imposed; 4-10 (2) the defendant receives probation or deferred 4-11 adjudication; or 4-12 (3) the court defers final disposition of the case. 4-13 Sec. 291.0037. COLLECTION OF FUNDS BY MUNICIPAL COURTS. (a) 4-14 The officer collecting criminal costs under Section 291.0035 in a 4-15 municipal court case shall deposit the money collected in the 4-16 municipal treasury and shall keep a separate record of the money 4-17 collected. 4-18 (b) The custodian of the municipal treasury may deposit 4-19 money collected under Section 291.0035 in interest-bearing 4-20 accounts. The custodian shall keep records of the amount of this 4-21 money on deposit. 4-22 (c) Except as provided by Subsection (d), not later than the 4-23 30th day after the end of a calendar quarter the custodian of a 4-24 municipal treasury shall deliver to the county official described 4-25 in Section 291.0035(d) the money collected during the preceding 4-26 quarter. 4-27 (d) A municipality may retain 10 percent of the money it 5-1 collects as a service fee and may retain all interest earned on the 5-2 money if the custodian of the treasury keeps records of the amount 5-3 of money collected that is on deposit with the treasury and remits 5-4 the money to the county treasurer within the period prescribed by 5-5 Subsection (c). 5-6 SECTION 3. The importance of this legislation and the 5-7 crowded condition of the calendars in both houses create an 5-8 emergency and an imperative public necessity that the 5-9 constitutional rule requiring bills to be read on three several 5-10 days in each house be suspended, and this rule is hereby suspended, 5-11 and that this Act take effect and be in force from and after its 5-12 passage, and it is so enacted.