BILL ANALYSIS



S.B. 349
By: Brown (Nixon)
May 11, 1995
Committee Report (Amended)


BACKGROUND


Articles 102.005 and 102.017, Code of Criminal Procedure require
the clerk of the court to assess a fee for services rendered upon
conviction of an offense.  All state fee statutes in the code state
that a conviction includes a deferred adjudication, but statutes
for county fees do not provide a clear definition of conviction. 
Currently, there is no uniformity in the courts regarding the
definition of a conviction and fees.

PURPOSE

As proposed, S.B. 349 describes the required fees to be charged to
a defendant convicted of an offense in a county court and sets
forth conditions to apply for a person to be considered convicted.

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 102.005, Code of Criminal Procedure, as
follows:

     Art. 102.005.  FEES TO CLERKS.  (a)  Requires a convicted
     defendant to pay a $40 fee for services of the clerk of the
     court.
     
     (b)  Provides that a person is considered convicted if a
       sentence is imposed, the person receives community
       supervision, or the court defers final disposition of the
       person's case.
       
       (c)  Provides that the fee imposed in Subsection (a) is for
       certain clerical duties of the clerk.  Deletes existing
       Subsection (b).
       
       (d)  Provides that the fee imposed by law for issuing a
       certified or noncertified copy is in addition to the fee
       imposed by Subsection (a).  Authorizes the clerk to issue a
       copy only if a person pays the required fee.
       
       (e)-(f)  Redesignated existing Subsections (c) and (d).
       
SECTION 2. Amends Article 102.017, Code of Criminal Procedure, to
make conforming changes.

SECTION 3. Amends Section 118.052, Local Government Code, to
provide that the fee for certified papers for the clerk's
certificate is $5, rather than $1,.  Makes a conforming change.

SECTION 4. Emergency clause.
           Effective date:  90 days after adjournment.
            
EXPLANATION OF AMENDMENTS

The amendment requires a defendant convicted in a trial for a
misdemeanor in a municipal court to pay a $3 security fee.  The
amendment also allows the governing body of a municipality to
administer the courthouse security fund. 

SUMMARY OF COMMITTEE ACTION

SB 349 was considered by the full committee in a public hearing on
May 3, 1995.  The bill was left pending.  SB 349 was considered by
the full committee in a formal meeting on May 11, 1995.  The
committee considered an amendment.  The amendment was adopted
without objection.  SB 349 was reported favorably as amended, with
the recommendation that it do pass and be printed by a record vote
of 7 ayes, 0 nays, 0 pnv, and 2 absent.