By: Leedom, Rosson, Nelson S.B. No. 243
A BILL TO BE ENTITLED
AN ACT
1-1 relating to fees to finance security services for buildings housing
1-2 a county court, a county court at law, or a district court.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 102, Code of Criminal
1-5 Procedure, is amended by adding Article 102.017 to read as follows:
1-6 Art. 102.017. COURT COSTS; COURTHOUSE SECURITY FUND. (a) A
1-7 defendant convicted in a trial for a felony offense in a district
1-8 court shall pay a $5 security fee as a cost of court.
1-9 (b) A defendant convicted in a trial for a misdemeanor
1-10 offense in a county court, county court at law, or a district court
1-11 shall pay a $3 security fee as a cost of court.
1-12 (c) The clerks of the respective courts shall collect the
1-13 costs and pay them to the county treasurer, or to any other
1-14 official who discharges the duties commonly delegated to the county
1-15 treasurer, for deposit in a fund to be known as the courthouse
1-16 security fund. The fund may be used only to finance the following
1-17 items when used for the purpose of providing security services for
1-18 buildings housing a district or county court:
1-19 (1) the purchase or repair of X-ray machines and
1-20 conveying systems;
1-21 (2) handheld metal detectors;
1-22 (3) walkthrough metal detectors;
1-23 (4) identification cards and systems;
2-1 (5) electronic locking and surveillance equipment;
2-2 (6) bailiffs, deputy sheriffs, deputy constables, or
2-3 contract security personnel during times when they are providing
2-4 appropriate security services;
2-5 (7) signage;
2-6 (8) confiscated weapon inventory and tracking systems;
2-7 or
2-8 (9) locks, chains, or other security hardware.
2-9 (d) The courthouse security fund shall be administered by or
2-10 under the direction of the commissioners court.
2-11 SECTION 2. Chapter 291, Local Government Code, is amended by
2-12 adding Section 291.007 to read as follows:
2-13 Sec. 291.007. FEE FOR SECURITY. (a) The commissioners
2-14 court may set a fee not to exceed $5 to be collected at the time of
2-15 filing in each civil case filed in a county court, county court at
2-16 law, or district court which shall be taxed as other costs. The
2-17 county is not liable for the costs.
2-18 (b) In any civil case brought by the state or a political
2-19 subdivision of the state in a county court, county court at law, or
2-20 district court in a county in which the commissioners court has
2-21 adopted a fee under Subsection (a) of this section in which the
2-22 state or political subdivision is the prevailing party, the amount
2-23 of that fee shall be taxed and collected as a cost of court against
2-24 each nonprevailing party.
2-25 (c) The clerks of the respective courts shall collect the
3-1 costs established by Subsections (a) and (b) of this section.
3-2 (d) If a commissioners court sets a security fee under
3-3 Subsection (a) of this section, the county and district clerks
3-4 shall collect a fee of $1 for filing any document not subject to
3-5 the security fee. The county is not liable for the costs. The
3-6 county or district clerk, as appropriate, shall collect this fee.
3-7 (e) Costs and fees collected under Subsection (c) or (d) of
3-8 this section shall be paid to the county treasurer, or to any other
3-9 official who discharges the duties commonly delegated to the county
3-10 treasurer, for deposit in the courthouse security fund established
3-11 by Article 102.017, Code of Criminal Procedure.
3-12 SECTION 3. This Act takes effect September 1, 1993, and
3-13 applies only to a case or document filed on or after that date.
3-14 SECTION 4. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.