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.