By Gutierrez H.B. No. 1741
74R5430 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection of a fee for a dishonored check from a
1-3 criminal defendant.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 102.007(e), Code of Criminal Procedure,
1-6 is amended to read as follows:
1-7 (e) In addition to the collection fee specified in
1-8 Subsection (c) of this article, the county attorney, district
1-9 attorney, or criminal district attorney shall <may> collect the fee
1-10 authorized by Article 9022, Vernon's Texas Civil Statutes, for the
1-11 benefit of the holder of a check or its assignee, agent,
1-12 representative, or any other person retained by the holder to seek
1-13 collection of the check.
1-14 SECTION 2. Article 102.0071, Code of Criminal Procedure, is
1-15 amended to read as follows:
1-16 Art. 102.0071. JUSTICE COURT DISHONORED CHECK. On
1-17 conviction in justice court of an offense under Section 32.41,
1-18 Penal Code, or an offense under Section 31.03 or 31.04, Penal Code,
1-19 in which it is shown that the defendant committed the offense by
1-20 issuing or passing a check that was subsequently dishonored, the
1-21 court shall <may> collect from the defendant and pay to the holder
1-22 of the check the fee permitted by Article 9022, Vernon's Texas
1-23 Civil Statutes.
1-24 SECTION 3. This Act takes effect September 1, 1995.
2-1 SECTION 4. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.