By Lewis of Orange H.B. No. 1760 74R4726 DD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the assessment of certain fees or costs in a criminal 1-3 case by a justice or county court. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 102.004(a), Code of Criminal Procedure, 1-6 is amended to read as follows: 1-7 (a) A defendant convicted by a jury in a trial before a 1-8 justice court shall pay a jury fee of $3. A defendant in a justice 1-9 court who requests a trial by jury and who withdraws the request 1-10 not earlier than 24 hours before the time of trial shall pay a jury 1-11 fee of $3, if the defendant is convicted of the offense or final 1-12 disposition of the defendant's case is deferred. A defendant 1-13 convicted by a jury in a county court, a county court at law, or a 1-14 district court shall pay a jury fee of $20. 1-15 SECTION 2. Chapter 30, Civil Practice and Remedies Code, is 1-16 amended by adding Section 30.007 to read as follows: 1-17 Sec. 30.007. DEMAND FOR JURY TRIAL IN JUSTICE COURT; FAILURE 1-18 TO APPEAR. (a) A justice court may order a party who demands a 1-19 jury trial in a justice court and who fails to appear for the trial 1-20 to pay the costs incurred for impaneling the jury. 1-21 (b) The justice court may release a party from the 1-22 obligation to pay costs under this section for good cause. 1-23 (c) An order issued by a justice court under this section 1-24 may be enforced by contempt as prescribed by Section 21.002(c), 2-1 Government Code. 2-2 SECTION 3. Article 102.003, Code of Criminal Procedure, is 2-3 repealed. 2-4 SECTION 4. This Act takes effect September 1, 1995. 2-5 SECTION 5. (a) The change in law made by Sections 1 and 3 2-6 of this Act applies only to a fee imposed on conviction for an 2-7 offense committed on or after the effective date of this Act. For 2-8 the purposes of this section, an offense is committed before the 2-9 effective date of this Act if any element of the offense occurs 2-10 before that date. A fee imposed on conviction for an offense 2-11 committed before the effective date of this Act is governed by the 2-12 law in effect when the offense was committed, and the former law is 2-13 continued in effect for that purpose. 2-14 (b) The change in law made by Section 2 of this Act applies 2-15 only to a proceeding that is commenced in a justice court on or 2-16 after the effective date of this Act. A proceeding that commences 2-17 in a justice court before the effective date of this Act is 2-18 governed by the law in effect when the proceeding commenced, and 2-19 the former law is continued in effect for that purpose. 2-20 SECTION 6. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended.