BILL ANALYSIS



S.B. 206
By: Nelson (Denny)
May 11, 1995
Committee Report (Unamended)


BACKGROUND

The Texas Code of Criminal Procedures allows a court to charge a
defendant who has been convicted of a crime "21 cents per mile" for
the expense of serving an arrest warrant, conveying a prisoner
after the conviction to county jail, conveying a prisoner arrested
on a warrant or capias issued in another county to the court or
jail of the county, and traveling to execute criminal process, and
to summon or attach a witness.  The statute does not allow for
reasonable meals and lodging reimbursement.

PURPOSE

As proposed, S.B. 206 requires a defendant who is apprehended by a
peace officer to pay all necessary and reasonable fees incurred
during the defendant's apprehension.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 102.011(b), Code of Criminal Procedure,
to require a defendant to pay 29, rather than 21, cents per mile
for mileage required of an office.  Requires the defendant to also
pay all necessary and reasonable expenses for meals and lodging,
incurred by a peace officer in the performance of services under
this section.  Sets forth the conditions to which this subsection
applies.

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1995.

SECTION 4.  Emergency clause.
     

SUMMARY OF COMMITTEE ACTION

SB 206 was considered by the full committee in a formal meeting on
May 11, 1995.  SB 206 was reported favorably without amendment,
with the recommendation that it do pass and be printed, by a record
vote of 5 ayes, 0 nays, 0 pnv, 4 absent.