By:  Whitmire                                          S.B. No. 765
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the amendment of Code of Criminal Procedure, Chapter
    1-2  56, Subchapter B, the Crime Victims Compensation Act.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Code of Criminal Procedure, Chapter 56,
    1-5  Subchapter B, the Crime Victims Compensation Act, is amended by the
    1-6  inclusion of subsections (f), (g), and (h) of section 56.54, to
    1-7  read as follows:
    1-8        Sec. 56.54.  FUNDS.  (f)  The Office of the Attorney General
    1-9  is authorized to accept gifts, grants, and donations to be credited
   1-10  to the compensation to victims of crime fund and compensation to
   1-11  victims of crime auxiliary fund and shall file annually with the
   1-12  governor and the presiding officer of each house of the legislature
   1-13  a complete and detailed written report accounting for all gifts,
   1-14  grants, and donations received and disbursed, used, or maintained
   1-15  by the Office for the Attorney General that are credited to these
   1-16  funds.
   1-17        (g)  Money in the compensation to victims of crime fund or in
   1-18  the compensation to victims of crime auxiliary fund may be used
   1-19  only as provided by this subchapter and is not available for any
   1-20  other purpose.
   1-21        (h)  Interest accruing from the deposit of money in the
   1-22  compensation to victims of crime fund and in the compensation to
   1-23  victims of crime auxiliary fund shall be credited to the respective
    2-1  funds and may be used only in furtherance of this subchapter.
    2-2        SECTION 2.  Section 56.57 of the Code of Criminal Procedure,
    2-3  Subchapter B, the Crime Victims Compensation Act, is amended to
    2-4  read as follows:
    2-5        Sec. 56.57.  DEPOSIT BY COMPTROLLER; AUDIT.  (a)  The
    2-6  comptroller shall deposit the funds received under Section 56.56 of
    2-7  this code and all other moneys credited to the fund by any other
    2-8  provision of law in the compensation to victims of crime fund.
    2-9        (b)  Funds collected are subject to audit by the comptroller.
   2-10  Funds spent are subject to audit by the state auditor.
   2-11        SECTION 3.  Subdivision (3) of section 56.32 of the Code of
   2-12  Criminal Procedure, Chapter 56, Subchapter B, the Crime Victims
   2-13  Compensation Act, is amended to read as follows:
   2-14              (3)  "Collateral source" means any of the following
   2-15  sources of benefits or advantages for pecuniary loss that a victim
   2-16  has received or that is readily available to the victim:
   2-17                    (A)  the offender under an order or restitution
   2-18  to the claimant imposed by a court as a condition of probation;
   2-19                    (B)  the United States, a federal agency, a state
   2-20  or any of its political subdivisions, or an instrumentality of two
   2-21  or more states, unless the law providing for the benefits or
   2-22  advantages makes them in excess of or secondary to benefits under
   2-23  this subchapter;
   2-24                    (C)  social security, Medicare, or Medicaid;
   2-25                    (D)  state-required temporary nonoccupational
    3-1  disability insurance;
    3-2                    (E)  workers' compensation;
    3-3                    (F)  an employer's wage continuation program;
    3-4                    (G)  proceeds of an insurance contract payable to
    3-5  the victim for loss that the victim sustained because of the
    3-6  criminally injurious conduct;
    3-7                    (H)  a contract providing prepaid hospital and
    3-8  other health care services or benefits for disability;
    3-9                    (I)  proceeds awarded to the victim as a result
   3-10  of third-party litigation;
   3-11                    (J)  proceeds of a life insurance contract
   3-12  payable to the claimant.
   3-13        SECTION 4.  Subsection (8) of section 56.32, Code of Criminal
   3-14  Procedure, Subchapter B, the Crime Victims Compensation Act is
   3-15  amended by the inclusion of subdivision (C) to be read as follows:
   3-16                    (C)  "Pecuniary loss" does not include health
   3-17  care service charges in excess of the fee guidelines established by
   3-18  the Texas Workers' Compensation Act (Vernon's Texas Civil Statutes,
   3-19  Article 8308-8.21, et seq., as amended).  Victims or claimants
   3-20  shall be not be responsible for health care service charges in
   3-21  excess of the fee guidelines unless a review of the health care
   3-22  services determines that there is a reasonable health care
   3-23  justification for the deviation.
   3-24        SECTION 5.  Subsection (a) of section 56.55 of the Code of
   3-25  Criminal Procedure, Chapter 56, Subchapter B, the Crime Victims
    4-1  Compensation Act, is hereby amended to read as follows:
    4-2        Sec. 56.55.  COURT COSTS.  (a)  A person shall pay:
    4-3              (1)  <$20> $40 as a court cost on conviction of a
    4-4  felony;
    4-5              (2)  <$15> $30 as a court cost on conviction of a
    4-6  violation of a municipal ordinance punishable by a fine of more
    4-7  than $200 or on conviction of a misdemeanor punishable by
    4-8  imprisonment or by a fine of more than $500; or
    4-9              (3)  <$5> $10 as a court cost on conviction of a
   4-10  violation of a municipal ordinance punishable by a fine of not more
   4-11  than $200 or on conviction of a misdemeanor punishable by a fine of
   4-12  not more than $500, other than a conviction of a misdemeanor
   4-13  offense or a violation of a municipal ordinance relating to
   4-14  pedestrians and the parking of motor vehicles.
   4-15        SECTION 6.  Chapter 51 of the Government Code is hereby
   4-16  amended by the inclusion of Subchapter J, to be read as follows:
   4-17  Subchapter J.  Additional Fees for Crime Victims Compensation Fund.
   4-18        Sec. 51.901.  ADDITIONAL FEE FOR CRIME VICTIMS COMPENSATION
   4-19  FUND COLLECTED BY DISTRICT CLERK.  (a)  In addition to each fee
   4-20  collected under Section 51.318(b)(10), the district clerk shall
   4-21  collect an additional fee of $10 for approving a bond to be
   4-22  deposited to the credit of the Compensation to Victims of Crime
   4-23  Fund.
   4-24        (b)  The district clerk shall send the fees collected under
   4-25  this section to the comptroller at least as frequently as monthly.
    5-1  The comptroller shall deposit the fees in the Compensation to
    5-2  Victims of Crime Fund.
    5-3        (c)  Sections 51.320 and 51.321 apply to a fee collected
    5-4  under this section.
    5-5        SECTION 7.  Subsection (c) of section 56.47 of the Code of
    5-6  Criminal Procedure, Chapter 56, Subchapter B, the Crime Victims
    5-7  Compensation Act, is amended to read as follows:
    5-8        (c)  An order on reconsideration may not require refund of
    5-9  amounts previously paid unless the award was obtained by fraud or
   5-10  mistake.
   5-11        SECTION 8.  Code of Criminal Procedure, Chapter 42, Article
   5-12  42.18 is hereby amended by the inclusion of subsection (o) to be
   5-13  read as follows:
   5-14        (o)  In addition to other conditions of parole and release on
   5-15  mandatory supervision imposed under this section, a parole panel
   5-16  shall require a prisoner released on parole or mandatory
   5-17  supervision to pay an administrative fee of $5 to the pardons and
   5-18  paroles division for each month during which the prisoner is under
   5-19  parole supervision.  The fee applies to a prisoner released in
   5-20  another state who is required as a term of his release to report to
   5-21  a parole officer or supervisor in this state for parole
   5-22  supervision.  On the request of the prisoner, a parole panel may
   5-23  allow the prisoner to defer payments under this subsection.  The
   5-24  prisoner remains responsible for payment of the fee and must make
   5-25  the deferred payment not later than two years after the date on
    6-1  which the payment becomes due.  The board of the Texas Department
    6-2  of Criminal Justice shall establish rules relating to the method of
    6-3  payment required of the person on parole or mandatory supervision.
    6-4  Fees collected under this subsection by the pardons and paroles
    6-5  division shall be remitted to the comptroller of public accounts,
    6-6  who shall deposit the fees in the Compensation to Victims of Crime
    6-7  Fund of the state treasury.  In a parole or mandatory supervision
    6-8  revocation hearing under Section 14 of this article at which it is
    6-9  alleged only that the person failed to make a payment under this
   6-10  subsection, the inability of the person to pay as ordered by a
   6-11  parole panel is an affirmative defense to revocation, which the
   6-12  person must prove by a preponderance of the evidence.
   6-13        SECTION 9.  This Act takes effect on September 1, 1993.
   6-14        SECTION 10.  The importance of this legislation and the
   6-15  crowded condition of the calendars in both houses create an
   6-16  emergency and an imperative public necessity that the
   6-17  constitutional rule requiring bills to be read on three several
   6-18  days in each house be suspended, and this rule is hereby suspended,
   6-19  and that this Act take effect and be in force from and after its
   6-20  passage, and it is so enacted.