By:  Harris of Dallas                                 S.B. No. 1092
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the imposition of a bond approval fee in a criminal
    1-2  case.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 17, Code of Criminal Procedure, is
    1-5  amended by adding Article 17.425 to read as follows:
    1-6        Art. 17.425  BOND APPROVAL FEE.  (a)  A person released on
    1-7  bond following an arrest for a misdemeanor or a felony shall pay
    1-8  $40 for the services of a peace officer for taking and approving a
    1-9  bond and, if necessary, returning the bond to the courthouse.
   1-10        (b)  The fees collected under this article shall be deposited
   1-11  in the county treasury of the collecting county.  The county
   1-12  commissioners court may use those fees to pay claims against the
   1-13  county resulting from litigation concerning the collection of bail
   1-14  bond or other criminal justice approval fees or, if no claims
   1-15  against the county exist or all claims have been satisfied, for any
   1-16  purpose for which money deposited to the general fund to help
   1-17  defray the costs of administration of the county criminal justice
   1-18  system may be used.
   1-19        SECTION 2.  Article 102.011(a), Code of Criminal Procedure,
   1-20  is amended to read as follows:
   1-21        (a)  A defendant convicted of a misdemeanor shall pay the
   1-22  following fees for services performed by a peace officer:
   1-23              (1)  $5 for issuing a written notice to appear in court
    2-1  following the defendant's violation of a traffic law, municipal
    2-2  ordinance, or penal law of this state, or for making an arrest
    2-3  without a warrant;
    2-4              (2)  $35 for executing or processing an issued arrest
    2-5  warrant or capias, with the fee imposed for the services of:
    2-6                    (A)  the law enforcement agency that executed the
    2-7  arrest warrant or capias, if the agency requests of the court, not
    2-8  later than the 15th day after the date of execution of the arrest
    2-9  warrant or capias, the imposition of the fee on conviction; or
   2-10                    (B)  the law enforcement agency that processed
   2-11  the arrest warrant or capias, if the executing law enforcement
   2-12  agency failed to request the fee within the period required by
   2-13  Paragraph (A) of this subdivision;
   2-14              (3)  $5 for summoning a witness;
   2-15              (4)  $35 for serving a writ not otherwise listed in
   2-16  this article;
   2-17              (5)  <$10 for taking and approving a bond and, if
   2-18  necessary, returning the bond to the courthouse;>
   2-19              <(6)>  $5 for commitment or release;
   2-20              (6) <(7)>  $5 for summoning a jury, if a jury is
   2-21  summoned; and
   2-22              (7) <(8)>  $8 for each day's attendance of a prisoner
   2-23  in a habeas corpus case if the prisoner has been remanded to
   2-24  custody or held to bail.
   2-25        SECTION 3.  (a)  The change in law made by this act applies
    3-1  only to the release on bond for an arrest for an offense committed
    3-2  on or after the effective date of this Act.  For purposes of this
    3-3  section, an offense is committed before the effective date of this
    3-4  Act if any element of the offense occurs before that date.
    3-5        (b)  Release on bond for an arrest for an offense committed
    3-6  before the effective date of this Act is governed by the law in
    3-7  effect when the offense was committed, and the former law is
    3-8  continued in effect for this purpose.
    3-9        SECTION 4.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and that this Act take effect and
   3-14  be in force from and after its passage, and it is so enacted.