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