By: West S.B. No. 692 A BILL TO BE ENTITLED AN ACT 1-1 relating to costs associated with investigating environmental 1-2 crimes; and making an appropriation. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter G, Chapter 361, Health and Safety 1-5 Code, is amended by adding Subsection 361.235 to read as follows: 1-6 Sec. 361.235. INVESTIGATIVE COSTS. (a) Upon petition of 1-7 the attorney for the state, the judge shall require a defendant 1-8 finally convicted under this subchapter to pay a fee covering all 1-9 or a portion of the state's cost of investigating the case. 1-10 (b) A person is finally convicted if the person has 1-11 exhausted all appellate procedures. 1-12 (c) The judge shall award fees to the agencies and attorneys 1-13 investigating and prosecuting the case an amount reflecting 1-14 reasonable costs incurred by each. 1-15 (d) In the event that the person files an appeal, the person 1-16 shall deposit with the registry of the court an amount of money or 1-17 a bond sufficient in amount equal to the fee award. 1-18 SECTION 2. Subchapter D, Chapter 382, Health and Safety 1-19 Code, is amended by adding Subsection 382.097 to read as follows: 1-20 Section 382.097. INVESTIGATIVE COSTS. (a) Upon petition of 1-21 the attorney for the state, the judge shall require a defendant 1-22 finally convicted under this subchapter to pay a fee covering all 1-23 or a portion of the state's cost of investigating the case. 2-1 (b) A person is finally convicted if the person has 2-2 exhausted all appellate procedures. 2-3 (c) The judge shall award fees to the agencies and attorneys 2-4 investigating and prosecuting the case an amount reflecting 2-5 reasonable costs incurred by each. 2-6 (d) In the event that the person files an appeal, the person 2-7 shall deposit with the registry of the court an amount of money or 2-8 a bond sufficient in amount equal to the fee award. 2-9 SECTION 3. Subchapter F, Chapter 26, Water Code, is amended 2-10 by adding Subsection 26.228, to read as follows: 2-11 SECTION 26.228. INVESTIGATIVE COSTS. (a) Upon petition of 2-12 the attorney for the state, the judge shall require a defendant 2-13 finally convicted under this subchapter to pay a fee covering all 2-14 or a portion of the state's cost of investigating the case. 2-15 (b) A person is finally convicted if the person has 2-16 exhausted all appellate procedures. 2-17 (c) The judge shall award fees to the agencies and attorneys 2-18 investigating and prosecuting the case in amount reflecting 2-19 reasonable costs incurred by each. 2-20 (d) In the event that the person files an appeal, the person 2-21 shall deposit with the registry of the court an amount of money or 2-22 a bond sufficient in amount equal to the fee award. 2-23 SECTION 4. Chapter 102, Code of Criminal Procedure, is 2-24 amended by adding Article 102.0015, to read as follows: 2-25 Art. 102.0015. INVESTIGATIVE COSTS. (a) Upon petition of 3-1 the attorney for the state, the judge shall require a defendant who 3-2 has been finally convicted to pay a fee covering all or a portion 3-3 of the state's cost in investigating the case. 3-4 (b) A person is finally convicted if the person has 3-5 exhausted all appellate procedures. 3-6 (c) The judge shall award fees to the agencies and attorneys 3-7 investigating and prosecuting the case in amount reflecting 3-8 reasonable costs incurred by each. 3-9 (d) In the event that the person files an appeal, the person 3-10 shall deposit with the registry of the court an amount of money or 3-11 a bond sufficient in amount equal to the fee award. 3-12 SECTION 5. SEVERABILITY. If any section, sentence, clause, 3-13 or part of this Act shall, for any reason, be held invalid, such 3-14 invalidity shall not affect the remaining portions of the Act, and 3-15 it is hereby declared to be the intention of this legislature to 3-16 have passed each section, sentence, clause, or part irrespective of 3-17 the fact that any other section, sentence, clause, or part may be 3-18 declared invalid. 3-19 SECTION 6. APPROPRIATION OF FEES, COSTS, AND CIVIL 3-20 PENALTIES. All moneys recovered by the attorney general pursuant 3-21 to enforcement of Chapters 361 and 382, Health and Safety Code and 3-22 Chapter 26, Water Code, are credited to the attorney general law 3-23 enforcement account. In addition to moneys appropriated elsewhere, 3-24 the attorney general is hereby appropriated all fees assessed 3-25 pursuant to and all recovered expenses incurred in obtaining 4-1 administrative, civil, and criminal penalties authorized by the 4-2 chapters amended by this act and credited to the attorney general 4-3 law enforcement account. Recovered expenses include, but are not 4-4 limited to, investigative costs, witness fees, attorneys' fees, and 4-5 deposition expenses. Moneys hereby appropriated may be expended 4-6 only for purposes of enforcing the provisions of the chapters 4-7 amended by this act, and may not be appropriated for any other 4-8 purpose. Unexpended balances credited to the account at the end of 4-9 each biennium are carried over to each successive biennium. 4-10 SECTION 7. EFFECTIVE DATE. This Act takes effect on 4-11 September 1, 1995. 4-12 SECTION 8. EMERGENCY. The importance of this legislation 4-13 and the crowded condition of the calendars in both houses create an 4-14 emergency and an imperative public necessity that the 4-15 constitutional rule requiring bills to be read on three several 4-16 days in each house be suspended, and this rule is hereby suspended.