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.