By Luna                                               H.B. No. 2537
       74R5684 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to fees on conviction for certain drug or alcohol offenses
    1-3  and to law enforcement education partnership programs for the
    1-4  prevention of substance abuse.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 37, Code of Criminal Procedure, is
    1-7  amended by adding Article 37.0721 to read as follows:
    1-8        Art. 37.0721.  LAW ENFORCEMENT EDUCATION PARTNERSHIP ACCOUNT
    1-9        Sec. 1.  FEES ON CONVICTION OF CERTAIN OFFENSES.  (a)  The
   1-10  court shall order a defendant convicted of an offense listed in
   1-11  Subsection (c) to pay a fee not to exceed $50.
   1-12        (b)  In determining the amount a defendant must pay, the
   1-13  court shall consider the ability of the defendant to make the
   1-14  payment and the financial hardship on the defendant to make the
   1-15  required payment.
   1-16        (c)  This article applies to a defendant convicted of an
   1-17  offense under:
   1-18              (1)  Section 49.02, Penal Code;
   1-19              (2)  Section 49.04, Penal Code;
   1-20              (3)  Section 49.06, Penal Code;
   1-21              (4)  Section 49.07, Penal Code;
   1-22              (5)  Section 49.08, Penal Code; or
   1-23              (6)  Subchapter D, Chapter 481, Health and Safety Code.
   1-24        (d)  In this article, a person is considered to have been
    2-1  convicted in a case if:
    2-2              (1)  a sentence is imposed;
    2-3              (2)  the person receives community supervision or
    2-4  deferred adjudication; or
    2-5              (3)  the court defers final disposition of the case.
    2-6        Sec. 2.  COLLECTION AND REMITTANCE OF FEES.  (a)  A clerk
    2-7  collecting a fee under this article shall remit the fee to the
    2-8  custodian of the county treasury.  The custodian of the county
    2-9  treasury shall keep separate records of the funds collected under
   2-10  this article and may deposit the fees in an interest-bearing
   2-11  account.
   2-12        (b)  On or before the last day of the month following each
   2-13  calendar quarter, the custodian of the county treasury shall remit
   2-14  the fees to the comptroller of public accounts.  The custodian of
   2-15  the county treasury may retain 10 percent of the funds collected
   2-16  under this article and may also retain all interest accrued on the
   2-17  funds if the custodian of the treasury keeps separate records of
   2-18  the funds collected under this article and remits the funds to the
   2-19  comptroller of public accounts within the period prescribed by this
   2-20  subsection.
   2-21        Sec. 3.  LAW ENFORCEMENT EDUCATION PARTNERSHIP ACCOUNT.  (a)
   2-22  The comptroller of public accounts shall deposit fees remitted to
   2-23  the comptroller under this article into an account of the general
   2-24  revenue fund to be known as the law enforcement education
   2-25  partnership account.
   2-26        (b)  Money credited to the law enforcement education
   2-27  partnership account may be appropriated only to the Texas
    3-1  Commission on Alcohol and Drug Abuse to establish or administer law
    3-2  enforcement education partnership programs  for the prevention of
    3-3  chemical dependency by children.
    3-4        SECTION 2.  Section 1, Article 42.01, Code of Criminal
    3-5  Procedure, is amended to read as follows:
    3-6        Sec. 1.  A judgment is the written declaration of the court
    3-7  signed by the trial judge and entered of record showing the
    3-8  conviction or acquittal of the defendant.  The sentence served
    3-9  shall be based on the information contained in the judgment.  The
   3-10  judgment should reflect:
   3-11              1.  The title and number of the case;
   3-12              2.  That the case was called and the parties appeared,
   3-13  naming the attorney for the state, the defendant, and the attorney
   3-14  for the defendant, or, where a defendant is not represented by
   3-15  counsel, that the defendant knowingly, intelligently, and
   3-16  voluntarily waived the right to representation by counsel;
   3-17              3.  The plea or pleas of the defendant to the offense
   3-18  charged;
   3-19              4.  Whether the case was tried before a jury or a jury
   3-20  was waived;
   3-21              5.  The submission of the evidence, if any;
   3-22              6.  In cases tried before a jury that the jury was
   3-23  charged by the court;
   3-24              7.  The verdict or verdicts of the jury or the finding
   3-25  or findings of the court;
   3-26              8.  In the event of a conviction that the defendant is
   3-27  adjudged guilty of the offense as found by the verdict of the jury
    4-1  or the finding of the court, and that the defendant be punished in
    4-2  accordance with the jury's verdict or the court's finding as to the
    4-3  proper punishment;
    4-4              9.  In the event of conviction where death or any
    4-5  punishment is assessed that the defendant be sentenced to death, a
    4-6  term of confinement or community supervision, or to pay a fine, as
    4-7  the case may be;
    4-8              10.  In the event of conviction where the imposition of
    4-9  sentence is suspended and the defendant is placed on community
   4-10  supervision, setting forth the punishment assessed, the length of
   4-11  community supervision, and the conditions of community supervision;
   4-12              11.  In the event of acquittal that the defendant be
   4-13  discharged;
   4-14              12.  The county and court in which the case was tried
   4-15  and, if there was a change of venue in the case, the name of the
   4-16  county in which the prosecution was originated;
   4-17              13.  The offense or offenses for which the defendant
   4-18  was convicted;
   4-19              14.  The date of the offense or offenses and degree of
   4-20  offense for which the defendant was convicted;
   4-21              15.  The term of sentence;
   4-22              16.  The date judgment is entered;
   4-23              17.  The date sentence is imposed;
   4-24              18.  The date sentence is to commence and any credit
   4-25  for time served;
   4-26              19.  The terms of any order entered pursuant to Article
   4-27  42.08 of this code that the defendant's sentence is to run
    5-1  cumulatively or concurrently with another sentence or sentences;
    5-2              20.  The terms of any plea bargain;
    5-3              21.  Affirmative findings entered pursuant to
    5-4  Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
    5-5  this code;
    5-6              22.  The terms of any fee payment ordered under:
    5-7                    (A)  Articles 37.072 and 42.151 of this code; or
    5-8                    (B)  Articles 37.0721 and 42.151 of this code;
    5-9              23.  The defendant's thumbprint taken in accordance
   5-10  with Article 38.33 of this code;
   5-11              24.  In the event that the judge orders the defendant
   5-12  to repay a reward or part of a reward under Articles 37.073 and
   5-13  42.152 of this code, a statement of the amount of the payment or
   5-14  payments required to be made;
   5-15              25.  In the event that the court orders restitution to
   5-16  be paid to the victim, a statement of the amount of restitution
   5-17  ordered and:
   5-18                    (A)  the name of the victim and the permanent
   5-19  mailing address of the victim at the time of the judgment; or
   5-20                    (B)  if the court determines that the inclusion
   5-21  of the victim's name and address in the judgment is not in the best
   5-22  interest of the victim, the name and address of a person or agency
   5-23  that will accept and forward restitution payments to the victim;
   5-24  and
   5-25              26.  In the event that a presentence investigation is
   5-26  required by Section 9(a), (b), (h), or (i), Article 42.12 of this
   5-27  code, a statement that the presentence investigation was done
    6-1  according to the applicable provision.
    6-2        SECTION 3.  Article 42.151, Code of Criminal Procedure, is
    6-3  amended to read as follows:
    6-4        Art. 42.151.  FEES FOR ABUSED CHILDREN'S COUNSELING OR LAW
    6-5  ENFORCEMENT EDUCATION PARTNERSHIP PROGRAMS.  If a court orders a
    6-6  defendant to pay a fee under Article 37.072 or Article 37.0721 of
    6-7  this code, the court shall assess the fee against the defendant in
    6-8  the same manner as other costs of prosecution are assessed against
    6-9  a defendant.  The court may direct a defendant:
   6-10              (1)  to pay the entire fee when sentence is pronounced;
   6-11              (2)  to pay the entire fee at some later date; or
   6-12              (3)  to pay a specified portion of the fee at
   6-13  designated intervals.
   6-14        SECTION 4.  (a)  This Act applies only to the imposition of a
   6-15  fee on conviction of an offense committed on or after the effective
   6-16  date of this Act.  For purposes of this section, an offense is
   6-17  committed before the effective date of this Act if any element of
   6-18  the offense occurs before the effective date.
   6-19        (b)  The imposition of a fee on conviction of an offense
   6-20  committed before the effective date of this Act is covered by the
   6-21  law in effect when the offense was committed, and the former law is
   6-22  continued in effect for that purpose.
   6-23        SECTION 5.  This Act takes effect September 1, 1995.
   6-24        SECTION 6.  The importance of this legislation and the
   6-25  crowded condition of the calendars in both houses create an
   6-26  emergency and an imperative public necessity that the
   6-27  constitutional rule requiring bills to be read on three several
    7-1  days in each house be suspended, and this rule is hereby suspended.