By Romo H.B. No. 2185
74R3947 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assessment of court costs for certain criminal
1-3 offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 102, Code of Criminal
1-6 Procedure, is amended by adding Article 102.072 to read as follows:
1-7 Art. 102.072. COURT COSTS FOR SPECIAL SERVICES. (a) Except
1-8 as provided by Subsection (b), a defendant convicted of an offense
1-9 shall pay, in addition to all other costs:
1-10 (1) $70 as a court cost on conviction of:
1-11 (A) a felony; or
1-12 (B) an offense punishable by imprisonment or
1-13 confinement in jail for a term of more than one year;
1-14 (2) $50 as a court cost on conviction of:
1-15 (A) a Class A misdemeanor;
1-16 (B) a Class B misdemeanor;
1-17 (C) an offense punishable by confinement in jail
1-18 for a term of not more than one year; or
1-19 (D) a municipal ordinance punishable by a fine
1-20 of more than $200; or
1-21 (3) $35 as a court cost on conviction of:
1-22 (A) a Class C misdemeanor;
1-23 (B) an offense punishable by fine only, other
1-24 than an offense described by Subdivision (2)(D) of this section; or
2-1 (C) a municipal ordinance punishable by a fine
2-2 of not more than $200.
2-3 (b) Subsection (a) does not apply to a person convicted
2-4 under the Uniform Act Regulating Traffic on Highways (Article
2-5 6701d, Vernon's Texas Civil Statutes), if the person is convicted
2-6 of a provision of that Act regulating pedestrians or the parking of
2-7 a motor vehicle.
2-8 (c) The comptroller shall allocate and credit the amount of
2-9 the costs received under this article to the following general
2-10 revenue fund accounts according to the specified percentages:
2-11 NAME OF ACCOUNT PERCENTAGE
2-12 abused children's counseling 0.01%
2-13 crime stoppers assistance 0.38%
2-14 breath alcohol testing 0.71%
2-15 law enforcement management institute 2.10%
2-16 law enforcement officer standards
2-17 and education 4.18%
2-18 comprehensive rehabilitation 9.66%
2-19 operator's and chauffeur's license 12.73%
2-20 criminal justice planning 21.98%
2-21 compensation to victims of crime 38.27%
2-22 (d) The comptroller shall credit the remainder of the funds
2-23 collected as costs under this article to the undedicated portion of
2-24 the general revenue fund.
2-25 (e) In this article, a person is considered to have been
2-26 convicted in a case if:
2-27 (1) a sentence is imposed;
3-1 (2) the person receives community supervision or
3-2 deferred adjudication; or
3-3 (3) the court defers final disposition of the case.
3-4 (f) Except for a conviction in a municipal court and except
3-5 as otherwise provided by this article, Chapter 103 applies to the
3-6 collection of a cost under this article.
3-7 (g) An officer collecting costs due under this article in
3-8 cases in municipal court shall keep separate records of the funds
3-9 collected as costs under this article and shall deposit the funds
3-10 in the municipal treasury.
3-11 (h) An officer collecting costs due under this article in
3-12 justice, county, and district courts shall keep separate records of
3-13 the funds collected as costs under this article and shall deposit
3-14 the funds in the county treasury.
3-15 (i) An officer collecting costs due under this article in
3-16 county courts on appeal from justice or municipal courts shall keep
3-17 separate records of the funds collected under this article and
3-18 shall deposit the funds in the county treasury.
3-19 (j) Officers collecting funds due as costs under this
3-20 article shall file the report required under Article 103.005. If
3-21 no funds due as costs under this article have been collected in any
3-22 quarter, the report required for each quarter shall be filed in the
3-23 regular manner, and the report shall state that no funds due under
3-24 this article were collected.
3-25 (k) The custodians of the municipal and county treasuries
3-26 may deposit the funds collected under this article in
3-27 interest-bearing accounts. The custodians shall keep records of
4-1 the amount of funds collected under this article that are on
4-2 deposit with the custodian and shall, not later than the last day
4-3 of the month following the expiration of each calendar quarter,
4-4 remit to the comptroller funds collected under this article during
4-5 the preceding quarter, in the manner required by the comptroller.
4-6 (l) A municipal or county treasury may retain 10 percent of
4-7 funds collected in this article as a service fee for the collection
4-8 and may also retain all interest accrued on the funds if the
4-9 custodian of the treasury keeps records of the amount of funds
4-10 collected under this article that are on deposit with the treasury
4-11 and remits the funds to the comptroller within the period
4-12 prescribed in Subsection (k) of this article.
4-13 SECTION 2. Article 56.57(a), Code of Criminal Procedure, is
4-14 amended to read as follows:
4-15 (a) The comptroller shall deposit <the funds received under
4-16 Section 56.56 of this code and all other> moneys credited to the
4-17 fund by any <other> provision of law other than Article 102.072 in
4-18 the compensation to victims of crime account of the general revenue
4-19 fund.
4-20 SECTION 3. Articles 102.016(c), (h), and (i), Code of
4-21 Criminal Procedure, are amended to read as follows:
4-22 (c) In this article, court costs are due from the convicted
4-23 person regardless of whether the person submitted a specimen of
4-24 breath or blood for analysis<, and a person is considered to have
4-25 been convicted in a case if:>
4-26 <(1) sentence is imposed;>
4-27 <(2) the defendant receives probation or deferred
5-1 adjudication; or>
5-2 <(3) the court defers final disposition of the case>.
5-3 (h) Notwithstanding Articles 102.072(c) and (d), the <The>
5-4 custodian of a municipal or county treasury in a county that
5-5 maintains a certified breath alcohol testing program but does not
5-6 use the services of a certified technical supervisor employed by
5-7 the department shall remit $7.50 of each cost collected under
5-8 Article 102.072 <this article> to the comptroller on or before the
5-9 last day of the month of each calendar quarter, and retain the
5-10 remainder <$22.50> of the cost to defray the costs of maintaining
5-11 and supporting a certified alcohol breath testing program.
5-12 (i) <The comptroller shall deposit all funds received under
5-13 this article to the credit of the general revenue fund.> The
5-14 legislature may appropriate money deposited in the breath alcohol
5-15 testing account of the general revenue fund <under this subsection>
5-16 to the Department of Public Safety for use by the department in the
5-17 implementation, administration, and maintenance of the statewide
5-18 certified breath alcohol testing program.
5-19 SECTION 4. The following are repealed:
5-20 (1) Sections 1, 2, and 3(a), Article 37.072, Code of
5-21 Criminal Procedure;
5-22 (2) Articles 56.55, 56.56, and 56.59, Code of Criminal
5-23 Procedure;
5-24 (3) Articles 102.013(a), (b), (c), (d), (e), and (f),
5-25 Code of Criminal Procedure;
5-26 (4) Article 102.015, Code of Criminal Procedure;
5-27 (5) Articles 102.016(a), (b), (d), and (e), Code of
6-1 Criminal Procedure;
6-2 (6) Articles 102.051, 102.052, 102.053, 102.054, and
6-3 102.055, Code of Criminal Procedure;
6-4 (7) Subchapter D, Chapter 102, Code of Criminal
6-5 Procedure;
6-6 (8) Subsections (b) and (c), Section 1C, Texas Motor
6-7 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
6-8 Civil Statutes); and
6-9 (9) Sections 415.082 and 415.083, Government Code.
6-10 SECTION 5. This Act takes effect September 1, 1995.
6-11 SECTION 6. The change in law made by this Act applies only
6-12 to a court cost imposed on conviction for an offense committed on
6-13 or after the effective date of this Act. For the purposes of this
6-14 section, an offense is committed before the effective date of this
6-15 Act if any element of the offense occurs before that date. A court
6-16 cost imposed on conviction for an offense committed before the
6-17 effective date of this Act is governed by the law in effect when
6-18 the offense was committed, and the former law is continued in
6-19 effect for that purpose.
6-20 SECTION 7. The importance of this legislation and the
6-21 crowded condition of the calendars in both houses create an
6-22 emergency and an imperative public necessity that the
6-23 constitutional rule requiring bills to be read on three several
6-24 days in each house be suspended, and this rule is hereby suspended.