1-1 By: Nelson S.B. No. 206
1-2 (In the Senate - Filed January 12, 1995; January 18, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 21, 1995, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; March 21, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to fees and expenses for the services of a peace officer.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsection (b), Article 102.011, Code of Criminal
1-11 Procedure, is amended to read as follows:
1-12 (b) In addition to fees provided by Subsection (a) of this
1-13 article, a defendant required to pay fees under this article shall
1-14 also pay 29 <
21> cents per mile for mileage required of an officer
1-15 to perform a service listed in this subsection and to return from
1-16 performing that service. If the service provided is the execution
1-17 of a writ and the writ is directed to two or more persons or the
1-18 officer executes more than one writ in a case, the defendant is
1-19 required to pay only mileage actually and necessarily traveled. In
1-20 calculating mileage, the officer must use the railroad or the most
1-21 practical route by private conveyance. The defendant shall also
1-22 pay all necessary and reasonable expenses for meals and lodging
1-23 incurred by the officer in the performance of services under this
1-24 subsection. This subsection applies to:
1-25 (1) conveying a prisoner after conviction to the
1-26 county jail;
1-27 (2) conveying a prisoner arrested on a warrant or
1-28 capias issued in another county to the court or jail of the county;
1-30 (3) traveling to execute criminal process, to summon
1-31 or attach a witness, and to execute process not otherwise described
1-32 by this article.
1-33 SECTION 2. (a) The change in law made by this Act applies
1-34 only to fees imposed for an offense committed on or after the
1-35 effective date of this Act. For purposes of this section, an
1-36 offense is committed before the effective date of this Act if any
1-37 element of the offense occurs before that date.
1-38 (b) Fees imposed for an offense committed before the
1-39 effective date of this Act are covered by the law in effect when
1-40 the offense was committed, and the former law is continued in
1-41 effect for that purpose.
1-42 SECTION 3. This Act takes effect September 1, 1995.
1-43 SECTION 4. The importance of this legislation and the
1-44 crowded condition of the calendars in both houses create an
1-45 emergency and an imperative public necessity that the
1-46 constitutional rule requiring bills to be read on three several
1-47 days in each house be suspended, and this rule is hereby suspended.
1-48 * * * * *