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.