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2-3 repealed.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.