74R7562 DD-D
          By Lewis of Orange                                    H.B. No. 1760
          Substitute the following for H.B. No. 1760:
          By Chisum                                         C.S.H.B. No. 1760
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the assessment of certain fees or costs by a justice,
    1-3  municipal, or county court.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 45, Code of Criminal Procedure, is
    1-6  amended by adding Article 45.251 to read as follows:
    1-7        Art. 45.251.  DEMAND FOR JURY TRIAL IN JUSTICE COURT OR
    1-8  MUNICIPAL COURT; FAILURE TO APPEAR.  (a)  A justice or municipal
    1-9  court may order a party who demands a jury trial in a justice or
   1-10  municipal court and who fails to appear for the trial to pay the
   1-11  costs incurred for impaneling the jury.
   1-12        (b)  The justice or municipal court may release a party from
   1-13  the obligation to pay costs under this article for good cause.
   1-14        (c)  An order issued by a justice or municipal court under
   1-15  this article may be enforced by contempt as prescribed by Section
   1-16  21.002(c), Government Code.
   1-17        SECTION 2.  Article 102.004(a), Code of Criminal Procedure,
   1-18  is amended to read as follows:
   1-19        (a)  A defendant convicted by a jury in a trial before a
   1-20  justice court shall pay a jury fee of $3.  A defendant in a justice
   1-21  court who requests a trial by jury and who withdraws the request
   1-22  not earlier than 24 hours before the time of trial shall pay a jury
   1-23  fee of $3, if the defendant is convicted of the offense or final
   1-24  disposition of the defendant's case is deferred.  A defendant
    2-1  convicted by a jury in a county court, a county court at law, or a
    2-2  district court shall pay a jury fee of $20.
    2-3        SECTION 3.  Chapter 30, Civil Practice and Remedies Code, is
    2-4  amended by adding Section 30.007 to read as follows:
    2-5        Sec. 30.007.  DEMAND FOR JURY TRIAL IN JUSTICE COURT; FAILURE
    2-6  TO APPEAR.  (a) A justice court may order a party who demands a
    2-7  jury trial in a justice court and who fails to appear for the trial
    2-8  to pay the costs incurred for impaneling the jury.
    2-9        (b)  The justice court may release a party from the
   2-10  obligation to pay costs under this section for good cause.
   2-11        (c)  An order issued by a justice court under this section
   2-12  may be enforced by contempt as prescribed by Section 21.002(c),
   2-13  Government Code.
   2-14        SECTION 4.  Article 102.003, Code of Criminal Procedure, is
   2-15  repealed.
   2-16        SECTION 5.  This Act takes effect September 1, 1995.
   2-17        SECTION 6.  (a)  The change in law made by Sections 2 and 4
   2-18  of this Act applies only to a fee imposed on deferred disposition
   2-19  or on conviction for an offense committed on or after the effective
   2-20  date of this Act.  For the purposes of this section, an offense is
   2-21  committed before the effective date of this Act if any element of
   2-22  the offense occurs before that date.  A fee imposed on deferred
   2-23  disposition or on conviction for an offense committed before the
   2-24  effective date of this Act is governed by the law in effect when
   2-25  the offense was committed, and the former law is continued in
   2-26  effect for that purpose.
   2-27        (b)  The change in law made by Sections 1 and 3 of this Act
    3-1  applies only to a proceeding that is commenced in a justice or
    3-2  municipal court on or after the effective date of this Act.  A
    3-3  proceeding that commences in a justice or municipal court before
    3-4  the effective date of this Act is governed by the law in effect
    3-5  when the proceeding commenced, and the former law is continued in
    3-6  effect for that purpose.
    3-7        SECTION 7.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.