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 Article 102.003, Code of Criminal Procedure, is 2-15 repealed. 2-16 SECTION 5.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.