By:  Turner                                           S.B. No. 1331
       73R3710 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.  (a)  The comptroller of
   3-10  public accounts shall deposit the funds received by the comptroller
   3-11  under this subchapter in the  George J. Beto Criminal Justice
   3-12  Center account in the general revenue fund.  The legislature may
   3-13  appropriate money in the account to  Sam Houston State University
   3-14  for the operation of the George J. Beto Criminal Justice Center to
   3-15  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        (b)  Subsection (a) of this article does not limit the
   3-22  authority of the legislature to appropriate money in the George J.
   3-23  Beto Criminal Justice Center account in the general revenue fund
   3-24  for any purpose for which the legislature is authorized to
   3-25  appropriate money.
   3-26        SECTION 2.  This Act takes effect September 1, 1993, and
   3-27  applies only to the imposition of a cost of court on a conviction
    4-1  of an offense committed on or after that date.  For purposes of
    4-2  this section, an offense is committed before September 1, 1993, if
    4-3  any element of the offense occurs before that date.
    4-4        SECTION 3.  The importance of this legislation and the
    4-5  crowded condition of the calendars in both houses create an
    4-6  emergency and an imperative public necessity that the
    4-7  constitutional rule requiring bills to be read on three several
    4-8  days in each house be suspended, and this rule is hereby suspended.