1-1  By:  Luna                                              S.B. No. 722
    1-2        (In the Senate - Filed March 9, 1993; March 10, 1993, read
    1-3  first time and referred to Committee on Jurisprudence;
    1-4  March 30, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 4, Nays 0; March 30, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Henderson          x                               
   1-10        Harris of Tarrant  x                               
   1-11        Brown              x                               
   1-12        Harris of Dallas                              x    
   1-13        Luna               x                               
   1-14        Parker                                        x    
   1-15        West                                          x    
   1-16  COMMITTEE SUBSTITUTE FOR S.B. No. 722                     By:  Luna
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the authority of a justice of the peace to order
   1-20  community service in satisfaction of fine or costs.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Chapter 45, Code of Criminal Procedure, is
   1-23  amended by adding Article 45.521 to read as follows:
   1-24        Art. 45.521.  COMMUNITY SERVICE IN SATISFACTION OF FINE OR
   1-25  COSTS.  (a)  A justice may require a defendant who fails to pay a
   1-26  previously assessed fine or costs or who is determined by the court
   1-27  to have insufficient resources or income to pay a fine or costs to
   1-28  discharge all or part of the fine or costs by performing community
   1-29  service.  A defendant may discharge an obligation to perform
   1-30  community service under this article by paying at any time the fine
   1-31  and costs assessed.
   1-32        (b)  In the justice's order requiring a defendant to
   1-33  participate in community service work under this article, the
   1-34  justice must specify:
   1-35              (1)  the number of hours the defendant is required to
   1-36  work;
   1-37              (2)  the entity or organization for which the defendant
   1-38  is required to work; and
   1-39              (3)  the project on which the defendant is required to
   1-40  work.
   1-41        (c)  The justice may order the defendant to perform community
   1-42  service work under this article only for a governmental entity or a
   1-43  nonprofit organization that provides services to the general public
   1-44  that enhance social welfare and the general well-being of the
   1-45  community.  A governmental entity or nonprofit organization that
   1-46  accepts a defendant under this article to perform community service
   1-47  must agree to supervise the defendant in the performance of the
   1-48  defendant's work and report on the defendant's work to the justice
   1-49  who ordered the community service.
   1-50        (d)  The justice may require bail of a defendant to ensure
   1-51  the defendant's faithful performance of community service under
   1-52  this article and may attach conditions to the bail as the justice
   1-53  determines are proper.
   1-54        (e)  A justice may not order a defendant to perform more than
   1-55  16 hours per week of community service under this article unless
   1-56  the justice determines that requiring the defendant to work
   1-57  additional hours does not work a hardship on the defendant or the
   1-58  defendant's dependents.
   1-59        (f)  A defendant is considered to have discharged $50 of
   1-60  fines or costs for each eight hours of community service performed
   1-61  under this article.
   1-62        (g)  A sheriff, employee of a sheriff's department, county
   1-63  commissioner, county employee, county judge, justice of the peace,
   1-64  or officer or employee of a political subdivision other than a
   1-65  county is not liable for damages arising from an act or failure to
   1-66  act in connection with manual labor performed by a defendant under
   1-67  this article if the act or failure to act:
   1-68              (1)  was performed pursuant to court order; and
    2-1              (2)  was not intentional, wilfully or wantonly
    2-2  negligent, or performed with conscious indifference or reckless
    2-3  disregard for the safety of others.
    2-4        SECTION 2.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended,
    2-9  and that this Act take effect and be in force from and after its
   2-10  passage, and it is so enacted.
   2-11                               * * * * *
   2-12                                                         Austin,
   2-13  Texas
   2-14                                                         March 30, 1993
   2-15  Hon. Bob Bullock
   2-16  President of the Senate
   2-17  Sir:
   2-18  We, your Committee on Jurisprudence to which was referred S.B. No.
   2-19  722, have had the same under consideration, and I am instructed to
   2-20  report it back to the Senate with the recommendation that it do not
   2-21  pass, but that the Committee Substitute adopted in lieu thereof do
   2-22  pass and be printed.
   2-23                                                         Henderson,
   2-24  Chairman
   2-25                               * * * * *
   2-26                               WITNESSES
   2-27                                                  FOR   AGAINST  ON
   2-28  ___________________________________________________________________
   2-29  Name:  Jerry Kunkie                              x
   2-30  Representing:  Justice of Peace and
   2-31      Constable
   2-32  City:  McKinney
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   2-34  Name:  Judge Bill Freeman                        x
   2-35  Representing:  Justice of Peace and
   2-36      Constable
   2-37  City:  Gainesville
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   2-39  Name:  John H. Williams                          x
   2-40  Representing:  JP and Constable
   2-41  City:  Robstown
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