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    2-3  repealed.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.