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.