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.