1-1 AN ACT
1-2 relating to certain court costs a person convicted of certain
1-3 offenses is required to pay and to the establishment of the
1-4 fugitive apprehension account; making appropriations.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 102.013, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 102.013. COURT COSTS; CRIME STOPPERS ASSISTANCE
1-9 ACCOUNT. (a) [A defendant convicted of an offense other than a
1-10 misdemeanor punishable by fine only shall pay as a cost of court
1-11 $2.]
1-12 [(b) In this article, a person is considered to have been
1-13 convicted in a case if:]
1-14 [(1) a sentence is imposed;]
1-15 [(2) the defendant receives probation or deferred
1-16 adjudication; or]
1-17 [(3) the court defers final disposition of the case.]
1-18 [(c) An officer collecting costs under Subsection (a) of
1-19 this article shall keep a separate record of the funds collected as
1-20 costs under this article and shall deposit the funds in the county
1-21 treasury.]
1-22 [(d) An officer collecting costs under Subsection (a) of
1-23 this article shall file the report required under Article 103.005
1-24 of this code. If no funds due as costs under Subsection (a) of
2-1 this article are collected in a quarter, the report required for
2-2 the quarter shall be filed in the regular manner and must state
2-3 that no funds due under Subsection (a) of this article were
2-4 collected.]
2-5 [(e) The custodian of the county treasury shall keep a
2-6 record of the amount of funds collected under Subsection (a) of
2-7 this article and, on or before the last day of the month following
2-8 each calendar quarter, remit to the comptroller funds collected
2-9 under Subsection (a) of this article in the preceding quarter. The
2-10 custodian of the county treasury may retain 10 percent of the funds
2-11 collected under Subsection (a) of this article and the interest as
2-12 a service fee if the custodian of the treasury keeps records of the
2-13 amount of funds on deposit collected under Subsection (a) of this
2-14 article and remits the funds to the comptroller within the period
2-15 prescribed under this subsection.]
2-16 [(f) The comptroller shall deposit the funds received by the
2-17 comptroller under Subsection (e) of this article in an account of
2-18 the General Revenue Fund to be known as the crime stoppers
2-19 assistance account.]
2-20 [(g)] The legislature shall appropriate funds from the crime
2-21 stoppers assistance account to the Criminal Justice Division of the
2-22 Governor's Office. The Criminal Justice Division may use 10
2-23 percent of the funds for the operation of the toll-free telephone
2-24 service under Section 414.012, Government Code, and shall
2-25 distribute the remainder of the funds only to local crime stoppers
2-26 programs. The Criminal Justice Division may adopt a budget and
2-27 rules to implement the distribution of these funds.
3-1 (b) [(h) All funds collected under Subsection (a) of this
3-2 article are subject to audit by the comptroller.] All funds
3-3 distributed by the Criminal Justice Division under Subsection (a)
3-4 [(g)] of this article are subject to audit by the state auditor.
3-5 All funds collected or distributed are subject to audit by the
3-6 Governor's Division of Planning Coordination.
3-7 (c) [(i)] In this article, "local crime stoppers program"
3-8 has the meaning assigned by Section 414.001, Government Code.
3-9 SECTION 2. Article 102.016, Code of Criminal Procedure, is
3-10 amended to read as follows:
3-11 Art. 102.016. COSTS FOR BREATH ALCOHOL TESTING PROGRAM.
3-12 (a) [A person convicted of an offense under Chapter 49, Penal
3-13 Code, other than an offense punishable as a Class C misdemeanor, or
3-14 of an offense under the Texas Commercial Driver's License Act
3-15 (Article 6687b-2, Revised Statutes), shall pay as court costs $30,
3-16 in addition to other court costs.]
3-17 [(b) The officer shall collect the costs in the same manner
3-18 as other costs are collected in the case.]
3-19 [(c) In this article, court costs are due from the convicted
3-20 person regardless of whether the person submitted a specimen of
3-21 breath or blood for analysis, and a person is considered to have
3-22 been convicted in a case if:]
3-23 [(1) sentence is imposed;]
3-24 [(2) the defendant receives probation or deferred
3-25 adjudication; or]
3-26 [(3) the court defers final disposition of the case.]
3-27 [(d) An officer collecting costs due under this article in
4-1 cases in municipal court shall keep separate records of the funds
4-2 collected under this article and shall deposit the funds in the
4-3 municipal treasury.]
4-4 [(e) An officer collecting costs due under this article in
4-5 cases in county or district court or in appeals in county court
4-6 shall keep separate records of the funds collected under this
4-7 article and shall deposit the funds in the county treasury.]
4-8 [(f)] The custodians of municipal and county treasuries may
4-9 deposit funds collected under this article in interest-bearing
4-10 accounts and retain for the municipality or county interest earned
4-11 on the funds. The custodians shall keep records of funds received
4-12 and disbursed under this article and shall provide a yearly report
4-13 of all funds received and disbursed under this article to the
4-14 comptroller, the Department of Public Safety, and to each agency in
4-15 the county served by the court that participates in or maintains a
4-16 certified breath alcohol testing program. The comptroller shall
4-17 approve the form of the report.
4-18 [(g) The custodian of a municipal or county treasury in a
4-19 county that uses the services of a certified technical supervisor
4-20 employed by the Department of Public Safety for the administration
4-21 of a certified alcohol testing program, on or before the last day
4-22 of the month of each calendar quarter, shall remit to the
4-23 comptroller any funds collected under this article during the
4-24 previous calendar quarter.]
4-25 (b) [(h)] The custodian of a municipal or county treasury in
4-26 a county that maintains a certified breath alcohol testing program
4-27 but does not use the services of a certified technical supervisor
5-1 employed by the department may, [shall remit $7.50 of each cost
5-2 collected under this article to the comptroller on or before the
5-3 last day of the month of each calendar quarter, and retain $22.50
5-4 of the cost] to defray the costs of maintaining and supporting a
5-5 certified alcohol breath testing program, retain $22.50 of each
5-6 court cost collected under Article 102.075 on conviction of an
5-7 offense under Chapter 49, Penal Code, other than an offense that
5-8 is a Class C misdemeanor.
5-9 (c) [(i) The comptroller shall deposit all funds received
5-10 under this article to the credit of the general revenue fund.] The
5-11 legislature may appropriate money deposited to the credit of the
5-12 breath alcohol testing account in the general revenue fund under
5-13 this subsection to the Department of Public Safety for use by the
5-14 department in the implementation, administration, and maintenance
5-15 of the statewide certified breath alcohol testing program.
5-16 (d) [(j)] The Department of Public Safety shall maintain a
5-17 list of counties that do not use the services of a certified
5-18 technical supervisor employed by the department.
5-19 SECTION 3. Subchapter A, Chapter 102, Code of Criminal
5-20 Procedure, is amended by adding Article 102.019 to read as follows:
5-21 Art. 102.019. COSTS ON CONVICTION FOR FUGITIVE APPREHENSION.
5-22 (a) A person shall pay $5 as a court cost on conviction of:
5-23 (1) a felony; or
5-24 (2) a misdemeanor, including a criminal violation of a
5-25 municipal ordinance, other than a conviction for an offense
5-26 relating to pedestrians or the parking of a motor vehicle.
5-27 (b) The court shall assess and make a reasonable effort to
6-1 collect the cost due under this article whether or not any other
6-2 court cost is assessed or collected.
6-3 (c) For purposes of this article, a person is considered to
6-4 have been convicted if:
6-5 (1) a sentence is imposed;
6-6 (2) the defendant receives community supervision or
6-7 deferred adjudication; or
6-8 (3) the court defers final disposition of the case.
6-9 (d) Court costs under this article are collected in the same
6-10 manner as other fines or costs. An officer collecting the costs
6-11 shall keep separate records of the funds collected as costs under
6-12 this article and shall deposit the funds in the county or municipal
6-13 treasury, as appropriate.
6-14 (e) The custodian of a county or municipal treasury shall:
6-15 (1) keep records of the amount of funds on deposit
6-16 collected under this article; and
6-17 (2) send to the comptroller before the last day of the
6-18 first month following each calendar quarter the funds collected
6-19 under this article during the preceding quarter.
6-20 (f) A county or municipality may retain 10 percent of the
6-21 funds collected under this article by an officer of the county or
6-22 municipality as a collection fee if the custodian of the county or
6-23 municipal treasury complies with Subsection (e).
6-24 (g) If no funds due as costs under this article are
6-25 deposited in a county or municipal treasury in a calendar quarter,
6-26 the custodian of the treasury shall file the report required for
6-27 the quarter in the regular manner and must state that no funds were
7-1 collected.
7-2 (h) The comptroller shall deposit the funds received under
7-3 this article to the credit of the fugitive apprehension account in
7-4 the general revenue fund.
7-5 (i) Funds collected under this article are subject to audit
7-6 by the comptroller.
7-7 SECTION 4. Subchapter C, Chapter 102, Code of Criminal
7-8 Procedure, is amended by adding Article 102.075 to read as follows:
7-9 Art. 102.075. COURT COSTS FOR SPECIAL SERVICES. (a) Except
7-10 as provided by Subsection (b), a person convicted of an offense
7-11 shall pay, in addition to all other costs:
7-12 (1) $80 as a court cost on conviction of:
7-13 (A) a felony; or
7-14 (B) an offense punishable by imprisonment or
7-15 confinement in jail for a term of more than one year;
7-16 (2) $40 as a court cost on conviction of:
7-17 (A) a Class A misdemeanor;
7-18 (B) a Class B misdemeanor;
7-19 (C) an offense punishable by confinement in jail
7-20 for a term of not more than one year; or
7-21 (D) a municipal ordinance punishable by a fine
7-22 of more than $500; or
7-23 (3) $17 as a court cost on conviction of any offense
7-24 punishable by fine only, other than an offense described by
7-25 Subdivision (2)(D) of this subsection.
7-26 (b) Subsection (a) does not apply to a person convicted
7-27 under Subtitle C, Title 7, Transportation Code, if the person is
8-1 convicted of a provision of that subtitle regulating pedestrians or
8-2 the parking of a motor vehicle.
8-3 (c) An officer collecting a cost due under this article in a
8-4 case in municipal court shall keep separate records of the money
8-5 collected and shall deposit the money in the municipal treasury.
8-6 (d) An officer collecting a cost due under this article in a
8-7 justice, county, or district court shall keep separate records of
8-8 the money collected and shall deposit the money in the county
8-9 treasury.
8-10 (e) An officer collecting a cost due under this article
8-11 shall file the report required by Article 103.005. If no money due
8-12 as a cost under this article is collected in any quarter, the
8-13 report required for that quarter shall be filed in the regular
8-14 manner, and the report shall state that no money due under this
8-15 article was collected.
8-16 (f) The custodian of money in a municipal or county treasury
8-17 may deposit money collected under this article in an
8-18 interest-bearing account. The custodian shall:
8-19 (1) keep records of the amount of money collected
8-20 under this article that is on deposit in the treasury; and
8-21 (2) not later than the last day of the month following
8-22 each calendar quarter, remit to the comptroller money collected
8-23 under this article during the preceding quarter, as required by the
8-24 comptroller.
8-25 (g) A municipality or county may retain 10 percent of the
8-26 money collected under this article as a service fee for the
8-27 collection. The municipality or county may retain any interest
9-1 accrued on the money if the custodian of money deposited in the
9-2 treasury keeps records of the amount of money collected under this
9-3 article that is on deposit in the treasury and remits the funds to
9-4 the comptroller within the period prescribed in Subsection (f).
9-5 (h) The comptroller shall deposit money received under this
9-6 article to the credit of the following accounts in the general
9-7 revenue fund according to the specified percentages:
9-8 NAME OF ACCOUNT PERCENTAGE
9-9 abused children's counseling 0.02%
9-10 crime stoppers assistance 0.6%
9-11 breath alcohol testing 1.28%
9-12 Bill Blackwood Law Enforcement
9-13 Management Institute 5.04%
9-14 law enforcement officers standards and education 11.63%
9-15 comprehensive rehabilitation 12.37%
9-16 operator's and chauffeur's license 25.9%
9-17 criminal justice planning 29.18%
9-18 (i) Of each dollar credited to the law enforcement officers
9-19 standards and education account under Subsection (h):
9-20 (1) $.333 may be used only to pay administrative
9-21 expenses; and
9-22 (2) the remainder may be used only to pay expenses
9-23 related to continuing education for persons licensed under Chapter
9-24 415, Government Code.
9-25 (j) Money collected under this article is subject to audit
9-26 by the comptroller. Money spent is subject to audit by the state
9-27 auditor.
10-1 (k) Except for a conviction in a municipal court or as
10-2 otherwise provided by this article, Chapter 103 applies to the
10-3 collection of a cost under this article.
10-4 (l) In this article:
10-5 (1) court costs are due from the person regardless of
10-6 whether the person submitted a specimen of breath or blood for
10-7 analysis; and
10-8 (2) a person is considered to have been convicted in a
10-9 case if:
10-10 (A) a sentence is imposed;
10-11 (B) the person receives community supervision or
10-12 deferred adjudication; or
10-13 (C) the court defers final disposition of the
10-14 case.
10-15 (m) In addition to the cost on conviction imposed by
10-16 Subsection (a), a person convicted of an offense described by
10-17 Subsection (a) shall pay 25 cents on conviction of the offense.
10-18 The comptroller shall deposit money received under this subsection
10-19 to the credit of an account in the state treasury to be used only
10-20 for the establishment and operation of the Center for the Study and
10-21 Prevention of Juvenile Crime and Delinquency at Prairie View A&M
10-22 University. Subsection (h) does not apply to money received under
10-23 this subsection.
10-24 SECTION 5. Subchapter A, Chapter 411, Government Code, is
10-25 amended by adding Section 411.0097 to read as follows:
10-26 Sec. 411.0097. FUGITIVE APPREHENSION ACCOUNT. (a) In this
10-27 section, "department" means the Department of Public Safety.
11-1 (b) In addition to the other amounts appropriated to the
11-2 department for the biennium beginning September 1, 1997, the
11-3 department is appropriated from the fugitive apprehension account
11-4 for the purpose of paying the cost to the department of
11-5 apprehending individuals for whom warrants have been issued under
11-6 Section 13, Article 42.18, Code of Criminal Procedure:
11-7 (1) $2,983,975 for the fiscal year beginning September
11-8 1, 1997; and
11-9 (2) $1,961,333 for the fiscal year beginning September
11-10 1, 1998.
11-11 (c) The legislature may appropriate funds in the fugitive
11-12 apprehension account for the purpose of paying the cost of
11-13 incarcerating individuals whose apprehensions by the department are
11-14 paid for with funds appropriated under Subsection (b).
11-15 (d) Notwithstanding the General Appropriations Act relating
11-16 to the number of full-time equivalent employees that may be
11-17 employed by an agency, the department may expend funds appropriated
11-18 under this section for the purpose of employing 27 full-time
11-19 equivalent employees for the fiscal biennium beginning September 1,
11-20 1997.
11-21 (e) In addition to other amounts appropriated for the
11-22 biennium beginning September 1, 1997, the Texas Department of
11-23 Criminal Justice is appropriated from the fugitive apprehension
11-24 account $21,101,563 for that biennium for the purpose of paying the
11-25 cost of contracting with a county or private entity to obtain
11-26 additional capacity for incarcerating individuals convicted of
11-27 felonies, including individuals whose apprehensions by the
12-1 department are paid for with funds appropriated under Subsection
12-2 (b), if the capacity of the Texas Department of Criminal Justice
12-3 becomes inadequate.
12-4 (f) This section expires September 1, 1999.
12-5 SECTION 6. The following are repealed:
12-6 (1) Article 37.072, Code of Criminal Procedure;
12-7 (2) Article 102.015, Code of Criminal Procedure;
12-8 (3) Articles 102.051, 102.052, 102.053, 102.054, and
12-9 102.055, Code of Criminal Procedure;
12-10 (4) Subchapter D, Chapter 102, Code of Criminal
12-11 Procedure;
12-12 (5) Section 601.192, Transportation Code; and
12-13 (6) Sections 415.082 and 415.083, Government Code.
12-14 SECTION 7. (a) Except as provided by Subsection (b), this
12-15 Act takes effect September 1, 1997.
12-16 (b) Article 102.075(m), Code of Criminal Procedure, as added
12-17 by this Act, is effective on the date on which an Act of the 75th
12-18 Legislature, Regular Session, 1997, creating the Center for the
12-19 Study and Prevention of Juvenile Crime at Prairie View A&M
12-20 University, becomes law. If such an act does not become law,
12-21 Article 102.075(m) does not take effect.
12-22 (c) The change in law made by this Act applies only to a
12-23 court cost imposed on conviction of an offense committed on or
12-24 after the effective date of this Act. A court cost imposed on
12-25 conviction of an offense committed before the effective date of
12-26 this Act is governed by the law in effect when the offense was
12-27 committed, and the former law is continued in effect for that
13-1 purpose. For the purposes of this section, an offense was
13-2 committed before the effective date of this Act if any element of
13-3 the offense occurred before that date.
13-4 SECTION 8. The importance of this legislation and the
13-5 crowded condition of the calendars in both houses create an
13-6 emergency and an imperative public necessity that the
13-7 constitutional rule requiring bills to be read on three several
13-8 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2272 was passed by the House on May
10, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2272 on May 25, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2272 on June 1, 1997, by a
non-record vote; passed subject to the provisions of Article III,
Section 49a, of the Constitution of the State of Texas.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2272 was passed by the Senate, with
amendments, on May 22, 1997, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2272 on June 1, 1997,
by a viva-voce vote; passed subject to the provisions of Article
III, Section 49a, of the Constitution of the State of Texas.
_______________________________
Secretary of the Senate
I certify that the amounts appropriated in the herein H.B.
No. 2272, Regular Session of the 75th Legislature, are within
amounts estimated to be available in the affected fund.
Certified_________________________
__________________________________
Comptroller of Public Accounts
APPROVED: _____________________
Date
_____________________
Governor