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.