By: Nelson S.B. No. 206
A BILL TO BE ENTITLED
1-1 relating to fees and expenses for the services of a peace officer.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (b), Article 102.011, Code of Criminal
1-4 Procedure, is amended to read as follows:
1-5 (b) In addition to fees provided by Subsection (a) of this
1-6 article, a defendant required to pay fees under this article shall
1-7 also pay 29 <
21> cents per mile for mileage required of an officer
1-8 to perform a service listed in this subsection and to return from
1-9 performing that service. If the service provided is the execution
1-10 of a writ and the writ is directed to two or more persons or the
1-11 officer executes more than one writ in a case, the defendant is
1-12 required to pay only mileage actually and necessarily traveled. In
1-13 calculating mileage, the officer must use the railroad or the most
1-14 practical route by private conveyance. The defendant shall also
1-15 pay all necessary and reasonable expenses for meals and lodging
1-16 incurred by the officer in the performance of services under this
1-17 subsection, to the extent such expenses meet the requirements of
1-18 Section 611.001, Government Code. This subsection applies to:
1-19 (1) conveying a prisoner after conviction to the
1-20 county jail;
1-21 (2) conveying a prisoner arrested on a warrant or
1-22 capias issued in another county to the court or jail of the county;
1-24 (3) traveling to execute criminal process, to summon
2-1 or attach a witness, and to execute process not otherwise described
2-2 by this article.
2-3 SECTION 2. (a) The change in law made by this Act applies
2-4 only to fees imposed for an offense committed on or after the
2-5 effective date of this Act. For purposes of this section, an
2-6 offense is committed before the effective date of this Act if any
2-7 element of the offense occurs before that date.
2-8 (b) Fees imposed for an offense committed before the
2-9 effective date of this Act are covered by the law in effect when
2-10 the offense was committed, and the former law is continued in
2-11 effect for that purpose.
2-12 SECTION 3. This Act takes effect September 1, 1995.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.