By Dukes                                              H.B. No. 1618
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to costs associated with investigating environmental
    1-3  crimes; and making an appropriation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter G, Chapter 361, Health and Safety
    1-6  Code, is amended by adding Subsection 361.235 to read as follows:
    1-7        Sec. 361.235.  INVESTIGATIVE COSTS.  (a)  Upon petition of
    1-8  the attorney for the state, the judge shall require a defendant
    1-9  finally convicted under this subchapter to pay a fee covering all
   1-10  or a portion of the state's cost of investigating the case.
   1-11        (b)  A person is finally convicted if the person has
   1-12  exhausted all appellate procedures.
   1-13        (c)  The judge shall award fees to the agencies and attorneys
   1-14  investigating and prosecuting the case an amount reflecting
   1-15  reasonable costs incurred by each.
   1-16        (d)  In the event that the person files an appeal, the person
   1-17  shall deposit with the registry of the court an amount of money or
   1-18  a bond sufficient in amount equal to the fee award.
   1-19        SECTION 2.  Subchapter D, Chapter 382, Health and Safety
   1-20  Code, is amended by adding Subsection 382.097 to read as follows:
   1-21        Section 382.097.  INVESTIGATIVE COSTS.  (a)  Upon petition of
   1-22  the attorney for the state, the judge shall require a defendant
   1-23  finally convicted under this subchapter to pay a fee covering all
    2-1  or a portion of the state's cost of investigating the case.
    2-2        (b)  A person is finally convicted if the person has
    2-3  exhausted all appellate procedures.
    2-4        (c)  The judge shall award fees to the agencies and attorneys
    2-5  investigating and prosecuting the case an amount reflecting
    2-6  reasonable costs incurred by each.
    2-7        (d)  In the event that the person files an appeal, the person
    2-8  shall deposit with the registry of the court an amount of money or
    2-9  a bond sufficient in amount equal to the fee award.
   2-10        SECTION 3.  Subchapter F, Chapter 26, Water Code, is amended
   2-11  by adding Subsection 26.228, to read as follows:
   2-12        SECTION 26.228.  INVESTIGATIVE COSTS.  (a)  Upon petition of
   2-13  the attorney for the state, the judge shall require a defendant
   2-14  finally convicted under this subchapter to pay a fee covering all
   2-15  or a portion of the state's cost of investigating the case.
   2-16        (b)  A person is finally convicted if the person has
   2-17  exhausted all appellate procedures.
   2-18        (c)  The judge shall award fees to the agencies and attorneys
   2-19  investigating and prosecuting the case in amount reflecting
   2-20  reasonable costs incurred by each.
   2-21        (d)  In the event that the person files an appeal, the person
   2-22  shall deposit with the registry of the court an amount of money or
   2-23  a bond sufficient in amount equal to the fee award.
   2-24        SECTION 4.  Chapter 102, Code of Criminal Procedure, is
   2-25  amended by adding Article 102.0015, to read as follows:
    3-1        Art. 102.0015.  INVESTIGATIVE COSTS.  (a)  Upon petition of
    3-2  the attorney for the state, the judge shall require a defendant who
    3-3  has been finally convicted to pay a fee covering all or a portion
    3-4  of the state's cost in investigating the case.
    3-5        (b)  A person is finally convicted if the person has
    3-6  exhausted all appellate procedures.
    3-7        (c)  The judge shall award fees to the agencies and attorneys
    3-8  investigating and prosecuting the case in amount reflecting
    3-9  reasonable costs incurred by each.
   3-10        (d)  In the event that the person files an appeal, the person
   3-11  shall deposit with the registry of the court an amount of money or
   3-12  a bond sufficient in amount equal to the fee award.
   3-13        SECTION 5.  SEVERABILITY.  If any section, sentence, clause,
   3-14  or part of this Act shall, for any reason, be held invalid, such
   3-15  invalidity shall not affect the remaining portions of the Act, and
   3-16  it is hereby declared to be the intention of this legislature to
   3-17  have passed each section, sentence, clause, or part irrespective of
   3-18  the fact that any other section, sentence, clause, or part may be
   3-19  declared invalid.
   3-20        SECTION 6.  APPROPRIATION OF FEES, COSTS, AND CIVIL
   3-21  PENALTIES.  All moneys recovered by the attorney general pursuant
   3-22  to enforcement of Chapters 361 and 382, Health and Safety Code and
   3-23  Chapter 26, Water Code, are credited to the attorney general law
   3-24  enforcement account.  In addition to moneys appropriated elsewhere,
   3-25  the attorney general is hereby appropriated all fees assessed
    4-1  pursuant to and all recovered expenses incurred in obtaining
    4-2  administrative, civil, and criminal penalties authorized by the
    4-3  chapters amended by this act and credited to the attorney general
    4-4  law enforcement account.  Recovered expenses include, but are not
    4-5  limited to, investigative costs, witness fees, attorneys' fees, and
    4-6  deposition expenses.  Moneys hereby appropriated may be expended
    4-7  only for purposes of enforcing the provisions of the chapters
    4-8  amended by this act, and may not be appropriated for any other
    4-9  purpose.  Unexpended balances credited to the account at the end of
   4-10  each biennium are carried over to each successive biennium.
   4-11        SECTION 7.  EFFECTIVE DATE.  This Act takes effect on
   4-12  September 1, 1995.
   4-13        SECTION 8.  EMERGENCY.  The importance of this legislation
   4-14  and the crowded condition of the calendars in both houses create an
   4-15  emergency and an imperative public necessity that the
   4-16  constitutional rule requiring bills to be read on three several
   4-17  days in each house be suspended, and this rule is hereby suspended.