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2-15 repealed.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.