By: Wentworth S.B. No. 1060
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the assessment of certain fees or costs by a justice,
1-2 municipal, or county court.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 45, Code of Criminal Procedure, is
1-5 amended by adding Article 45.251 to read as follows:
1-6 Art. 45.251. DEMAND FOR JURY TRIAL IN JUSTICE COURT OR
1-7 MUNICIPAL COURT; FAILURE TO APPEAR. (a) A justice or municipal
1-8 court may order a party who demands a jury trial in a justice or
1-9 municipal court and who fails to appear for the trial to pay the
1-10 costs incurred for impaneling the jury.
1-11 (b) The justice or municipal court may release a party from
1-12 the obligation to pay costs under this section for good cause.
1-13 (c) An order issued by a justice or municipal court under
1-14 this section may be enforced by contempt as prescribed by Section
1-15 21.002(c), Government Code.
1-16 SECTION 2. Subsection (a), Article 102.004, Code of Criminal
1-17 Procedure, is amended to read as follows:
1-18 (a) A defendant convicted by a jury in a trial before a
1-19 justice court shall pay a jury fee of $3. A defendant in a justice
1-20 court who requests a trial by jury and who withdraws the request
1-21 not earlier than 24 hours before the time of trial shall pay a jury
1-22 fee of $3, if the defendant is convicted of the offense or final
1-23 disposition of the defendant's case is deferred. A defendant
1-24 convicted by a jury in a county court, a county court at law, or a
2-1 district court shall pay a jury fee of $20.
2-2 SECTION 3. Chapter 30, Civil Practice and Remedies Code, is
2-3 amended by adding Section 30.007 to read as follows:
2-4 Sec. 30.007. DEMAND FOR JURY TRIAL IN JUSTICE COURT; FAILURE
2-5 TO APPEAR. (a) A justice court may order a party who demands a
2-6 jury trial in a justice court and who fails to appear for the trial
2-7 to pay the costs incurred for impaneling the jury.
2-8 (b) The justice court may release a party from the
2-9 obligation to pay costs under this section for good cause.
2-10 (c) An order issued by a justice court under this section
2-11 may be enforced by contempt as prescribed by Section 21.002(c),
2-12 Government Code.
2-13 SECTION 4. Article 102.003, Code of Criminal Procedure, is
2-14 repealed.
2-15 SECTION 5. This Act takes effect September 1, 1995.
2-16 SECTION 6. (a) The change in law made by Sections 2 and 4
2-17 of this Act applies only to a fee imposed on conviction for an
2-18 offense committed on or after the effective date of this Act. For
2-19 the purposes of this section, an offense is committed before the
2-20 effective date of this Act if any element of the offense occurs
2-21 before that date. A fee imposed on conviction for an offense
2-22 committed before the effective date of this Act is governed by the
2-23 law in effect when the offense was committed, and the former law is
2-24 continued in effect for that purpose.
2-25 (b) The change in law made by Sections 1 and 3 of this Act
2-26 applies only to a proceeding that is commenced in a justice or
2-27 municipal court on or after the effective date of this Act. A
3-1 proceeding that commences in a justice or municipal court before
3-2 the effective date of this Act is governed by the law in effect
3-3 when the proceeding commenced, and the former law is continued in
3-4 effect for that purpose.
3-5 SECTION 7. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.