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;
   1-29  and
   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                               * * * * *