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.