1-1 By: Wentworth S.B. No. 1060
1-2 (In the Senate - Filed March 9, 1995; March 9, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 5, 1995, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 5, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the assessment of certain fees or costs by a justice,
1-9 municipal, or county court.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 45, Code of Criminal Procedure, is
1-12 amended by adding Article 45.251 to read as follows:
1-13 Art. 45.251. DEMAND FOR JURY TRIAL IN JUSTICE COURT OR
1-14 MUNICIPAL COURT; FAILURE TO APPEAR. (a) A justice or municipal
1-15 court may order a party who demands a jury trial in a justice or
1-16 municipal court and who fails to appear for the trial to pay the
1-17 costs incurred for impaneling the jury.
1-18 (b) The justice or municipal court may release a party from
1-19 the obligation to pay costs under this section for good cause.
1-20 (c) An order issued by a justice or municipal court under
1-21 this section may be enforced by contempt as prescribed by Section
1-22 21.002(c), Government Code.
1-23 SECTION 2. Subsection (a), Article 102.004, Code of Criminal
1-24 Procedure, is amended to read as follows:
1-25 (a) A defendant convicted by a jury in a trial before a
1-26 justice court shall pay a jury fee of $3. A defendant in a justice
1-27 court who requests a trial by jury and who withdraws the request
1-28 not earlier than 24 hours before the time of trial shall pay a jury
1-29 fee of $3, if the defendant is convicted of the offense or final
1-30 disposition of the defendant's case is deferred. A defendant
1-31 convicted by a jury in a county court, a county court at law, or a
1-32 district court shall pay a jury fee of $20.
1-33 SECTION 3. Chapter 30, Civil Practice and Remedies Code, is
1-34 amended by adding Section 30.007 to read as follows:
1-35 Sec. 30.007. DEMAND FOR JURY TRIAL IN JUSTICE COURT; FAILURE
1-36 TO APPEAR. (a) A justice court may order a party who demands a
1-37 jury trial in a justice court and who fails to appear for the trial
1-38 to pay the costs incurred for impaneling the jury.
1-39 (b) The justice court may release a party from the
1-40 obligation to pay costs under this section for good cause.
1-41 (c) An order issued by a justice court under this section
1-42 may be enforced by contempt as prescribed by Section 21.002(c),
1-43 Government Code.
1-44 SECTION 4. Article 102.003, Code of Criminal Procedure, is
1-45 repealed.
1-46 SECTION 5. This Act takes effect September 1, 1995.
1-47 SECTION 6. (a) The change in law made by Sections 2 and 4
1-48 of this Act applies only to a fee imposed on conviction for an
1-49 offense committed on or after the effective date of this Act. For
1-50 the purposes of this section, an offense is committed before the
1-51 effective date of this Act if any element of the offense occurs
1-52 before that date. A fee imposed on conviction for an offense
1-53 committed before the effective date of this Act is governed by the
1-54 law in effect when the offense was committed, and the former law is
1-55 continued in effect for that purpose.
1-56 (b) The change in law made by Sections 1 and 3 of this Act
1-57 applies only to a proceeding that is commenced in a justice or
1-58 municipal court on or after the effective date of this Act. A
1-59 proceeding that commences in a justice or municipal court before
1-60 the effective date of this Act is governed by the law in effect
1-61 when the proceeding commenced, and the former law is continued in
1-62 effect for that purpose.
1-63 SECTION 7. The importance of this legislation and the
1-64 crowded condition of the calendars in both houses create an
1-65 emergency and an imperative public necessity that the
1-66 constitutional rule requiring bills to be read on three several
1-67 days in each house be suspended, and this rule is hereby suspended.
1-68 * * * * *