By: Hightower H.B. No. 2445
73R2374 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition of a cost on criminal convictions to
1-3 fund operations of the George J. Beto Criminal Justice Center at
1-4 Sam Houston State University.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 102, Code of Criminal Procedure, is
1-7 amended by adding Subchapter E to read as follows:
1-8 SUBCHAPTER E. CRIMINAL JUSTICE CENTER FUND
1-9 Art. 102.091. MISDEMEANOR AND FELONY COSTS. (a) Except as
1-10 provided by Subsection (b) of this article, a defendant convicted
1-11 of a misdemeanor or felony shall pay as a cost of court $1.
1-12 (b) This article does not apply to a person convicted under
1-13 the Uniform Act Regulating Traffic on Highways (Article 6701d,
1-14 Vernon's Texas Civil Statutes) if the person is convicted of a
1-15 provision of that Act regulating pedestrians and the parking of
1-16 motor vehicles.
1-17 (c) The officer shall collect the costs in the same manner
1-18 as other costs are collected in the case.
1-19 (d) In this article, a person is considered to have been
1-20 convicted in a case if:
1-21 (1) a sentence is imposed;
1-22 (2) the defendant receives probation or deferred
1-23 adjudication; or
1-24 (3) the court defers final disposition of the case.
2-1 Art. 102.092. RECORD OF COLLECTION. (a) An officer
2-2 collecting costs due under this subchapter in cases in municipal
2-3 court shall keep separate records of the funds collected as costs
2-4 under this subchapter and shall deposit the funds in the municipal
2-5 treasury.
2-6 (b) An officer collecting costs due under this subchapter in
2-7 justice, county, and district courts shall keep separate records of
2-8 the funds collected as costs under this subchapter and shall
2-9 deposit the funds in the county treasury.
2-10 (c) An officer collecting costs due under this subchapter in
2-11 county courts on appeal from justice or municipal courts shall keep
2-12 separate records of the funds collected under this subchapter and
2-13 shall deposit the funds in the county treasury.
2-14 Art. 102.093. REPORTS REQUIRED. (a) Officers collecting
2-15 funds due as costs under this subchapter shall file the report
2-16 required under Article 103.005.
2-17 (b) If no funds due as costs under this subchapter have been
2-18 collected in any quarter, the report required for each quarter
2-19 shall be filed in the regular manner, and the report shall state
2-20 that no funds due under this subchapter were collected.
2-21 Art. 102.094. TRANSFER OF FUNDS TO COMPTROLLER. (a) The
2-22 custodians of the municipal and county treasuries may deposit the
2-23 funds collected under this subchapter in interest-bearing accounts.
2-24 The custodians shall keep records of the amount of funds collected
2-25 under this subchapter that are on deposit with them and shall on or
2-26 before the last day of the month following each calendar quarter
2-27 period of three months remit to the comptroller of public accounts
3-1 funds collected under this subchapter during the preceding quarter.
3-2 (b) A municipal or county treasury may retain 10 percent of
3-3 funds collected under this subchapter as a service fee for the
3-4 collection and may also retain all interest accrued on the funds if
3-5 the custodian of the treasury keeps records of the amount of funds
3-6 collected under this subchapter that are on deposit with the
3-7 treasury and remits the funds to the comptroller within the period
3-8 prescribed in Subsection (a) of this article.
3-9 Art. 102.095. COMPTROLLER'S DUTY. The comptroller of public
3-10 accounts shall deposit the funds received by the comptroller under
3-11 this subchapter in the George J. Beto Criminal Justice Center
3-12 account in the general revenue fund. The legislature may
3-13 appropriate money in the account only to Sam Houston State
3-14 University for the operation of the George J. Beto Criminal Justice
3-15 Center to provide:
3-16 (1) programs described by H.S.R. 469, 58th
3-17 Legislature, Regular Session, 1963; and
3-18 (2) assistance to commissions created by the
3-19 legislature to study issues related to criminal justice and
3-20 juvenile justice.
3-21 SECTION 2. This Act takes effect September 1, 1993, and
3-22 applies only to the imposition of a cost of court on a conviction
3-23 of an offense committed on or after that date. For purposes of
3-24 this section, an offense is committed before September 1, 1993, if
3-25 any element of the offense occurs before that date.
3-26 SECTION 3. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.