By Thompson                                     H.B. No. 2272

      75R4319 JD-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain court costs a person convicted of certain

 1-3     offenses is required to pay.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 102.013, Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           Art. 102.013.  COURT COSTS; CRIME STOPPERS ASSISTANCE

 1-8     ACCOUNT.  (a)  [A defendant convicted of an offense other than a

 1-9     misdemeanor punishable by fine only shall pay as a cost of court

1-10     $2.]

1-11           [(b)  In this article, a person is considered to have been

1-12     convicted in a case if:]

1-13                 [(1)  a sentence is imposed;]

1-14                 [(2)  the defendant receives probation or deferred

1-15     adjudication; or]

1-16                 [(3)  the court defers final disposition of the case.]

1-17           [(c)  An officer collecting costs under Subsection (a) of

1-18     this article shall keep a separate record of the funds collected as

1-19     costs under this article and shall deposit the funds in the county

1-20     treasury.]

1-21           [(d)  An officer collecting costs under Subsection (a) of

1-22     this article shall file the report required under Article 103.005

1-23     of this code.  If no funds due as costs under Subsection (a) of

1-24     this article are collected in a quarter, the report required for

 2-1     the quarter shall be filed in the regular manner and must state

 2-2     that no funds due under Subsection (a) of this article were

 2-3     collected.]

 2-4           [(e)  The custodian of the county treasury shall keep a

 2-5     record of the amount of funds collected under Subsection (a) of

 2-6     this article and, on or before the last day of the month following

 2-7     each calendar quarter, remit to the comptroller funds collected

 2-8     under Subsection (a) of this article in the preceding quarter.  The

 2-9     custodian of the county treasury may retain 10 percent of the funds

2-10     collected under Subsection (a) of this article and the interest as

2-11     a service fee if the custodian of the treasury keeps records of the

2-12     amount of funds on deposit collected under Subsection (a) of this

2-13     article and remits the funds to the comptroller within the period

2-14     prescribed under this subsection.]

2-15           [(f)  The comptroller shall deposit the funds received by the

2-16     comptroller under Subsection (e) of this article in an account of

2-17     the General Revenue Fund to be known as the crime stoppers

2-18     assistance account.]

2-19           [(g)]  The legislature shall appropriate funds from the crime

2-20     stoppers assistance account to the Criminal Justice Division of the

2-21     Governor's Office.  The Criminal Justice Division may use 10

2-22     percent of the funds for the operation of the toll-free telephone

2-23     service under Section 414.012, Government Code, and shall

2-24     distribute the remainder of the funds only to local crime stoppers

2-25     programs.  The Criminal Justice Division may adopt a budget and

2-26     rules to implement the distribution of these funds.

2-27           (b) [(h)  All funds collected under Subsection (a) of this

 3-1     article are subject to audit by the comptroller.]  All funds

 3-2     distributed by the Criminal Justice Division under Subsection (a)

 3-3     [(g)] of this article are subject to audit by the state auditor.

 3-4     All funds collected or distributed are subject to audit by the

 3-5     Governor's Division of Planning Coordination.

 3-6           (c) [(i)]  In this article, "local crime stoppers program"

 3-7     has the meaning assigned by Section 414.001, Government Code.

 3-8           SECTION 2.  Article 102.016, Code of Criminal Procedure, is

 3-9     amended to read as follows:

3-10           Art. 102.016.  COSTS FOR BREATH ALCOHOL TESTING PROGRAM.

3-11     (a)  [A person convicted of an offense under Chapter 49, Penal

3-12     Code, other than an offense punishable as a Class C misdemeanor, or

3-13     of an offense under the Texas Commercial Driver's License Act

3-14     (Article 6687b-2, Revised Statutes), shall pay as court costs $30,

3-15     in addition to other court costs.]

3-16           [(b)  The officer shall collect the costs in the same manner

3-17     as other costs are collected in the case.]

3-18           [(c)  In this article, court costs are due from the convicted

3-19     person regardless of whether the person submitted a specimen of

3-20     breath or blood for analysis, and a person is considered to have

3-21     been convicted in a case if:]

3-22                 [(1)  sentence is imposed;]

3-23                 [(2)  the defendant receives probation or deferred

3-24     adjudication; or]

3-25                 [(3)  the court defers final disposition of the case.]

3-26           [(d)  An officer collecting costs due under this article in

3-27     cases in municipal court shall keep separate records of the funds

 4-1     collected under this article and shall deposit the funds in the

 4-2     municipal treasury.]

 4-3           [(e)  An officer collecting costs due under this article in

 4-4     cases in county or district court or in appeals in county court

 4-5     shall keep separate records of the funds collected under this

 4-6     article and shall deposit the funds in the county treasury.]

 4-7           [(f)]  The custodians of municipal and county treasuries may

 4-8     deposit funds collected under this article in interest-bearing

 4-9     accounts and retain for the municipality or county interest earned

4-10     on the funds.  The custodians shall keep records of funds received

4-11     and disbursed under this article and shall provide a yearly report

4-12     of all funds received and disbursed under this article to the

4-13     comptroller, the Department of Public Safety, and to each agency in

4-14     the county served by the court that participates in or maintains a

4-15     certified breath alcohol testing program.  The comptroller shall

4-16     approve the form of the report.

4-17           [(g)  The custodian of a municipal or county treasury in a

4-18     county that uses the services of a certified technical supervisor

4-19     employed by the Department of Public Safety for the administration

4-20     of a certified alcohol testing program, on or before the last day

4-21     of the month of each calendar quarter, shall remit to the

4-22     comptroller any funds collected under this article during the

4-23     previous calendar quarter.]

4-24           (b) [(h)]  The custodian of a municipal or county treasury in

4-25     a county that maintains a certified breath alcohol testing program

4-26     but does not use the services of a certified technical supervisor

4-27     employed by the department may, [shall remit $7.50 of each cost

 5-1     collected under this article to the comptroller on or before the

 5-2     last day of the month of each calendar quarter, and retain $22.50

 5-3     of the cost] to defray the costs of maintaining and supporting a

 5-4     certified alcohol breath testing program, retain $22.50 of each

 5-5     court cost collected under Article 102.075 on conviction of an

 5-6     offense under:

 5-7                 (1)  Chapter 49, Penal Code, other than an offense that

 5-8     is a Class C misdemeanor; or

 5-9                 (2)  Chapter 522, Transportation Code.

5-10           (c) [(i)  The comptroller shall deposit all funds received

5-11     under this article to the credit of the general revenue fund.]  The

5-12     legislature may appropriate money deposited to the credit of the

5-13     breath alcohol testing account in the general revenue fund under

5-14     this subsection to the Department of Public Safety for use by the

5-15     department in the implementation, administration, and maintenance

5-16     of the statewide certified breath alcohol testing program.

5-17           (d) [(j)]  The Department of Public Safety shall maintain a

5-18     list of counties that do not use the services of a certified

5-19     technical supervisor employed by the department.

5-20           SECTION 3.  Subchapter C, Chapter 102, Code of Criminal

5-21     Procedure, is amended by adding Article 102.075 to read as follows:

5-22           Art. 102.075.  COURT COSTS FOR SPECIAL SERVICES.  (a)  Except

5-23     as provided by Subsection (b), a person convicted of an offense

5-24     shall pay, in addition to all other costs:

5-25                 (1)  $125 as a court cost on conviction of:

5-26                       (A)  a felony; or

5-27                       (B)  an offense punishable by imprisonment or

 6-1     confinement in jail for a term of more than one year;

 6-2                 (2)  $75 as a court cost on conviction of:

 6-3                       (A)  a Class A misdemeanor;

 6-4                       (B)  a Class B misdemeanor;

 6-5                       (C)  an offense punishable by confinement in jail

 6-6     for a term of not more than one year; or

 6-7                       (D)  a municipal ordinance punishable by a fine

 6-8     of more than $500; or

 6-9                 (3)  $32 as a court cost on conviction of any offense

6-10     punishable by fine only, other than an offense described by

6-11     Subdivision (2)(D) of this subsection.

6-12           (b)  Subsection (a) does not apply to a person convicted

6-13     under Subtitle C, Title 7, Transportation Code, if the person is

6-14     convicted of a provision of that subtitle regulating pedestrians or

6-15     the parking of a motor vehicle.

6-16           (c)  An officer collecting a cost due under this article in a

6-17     case in municipal court shall keep separate records of the money

6-18     collected and shall deposit the money in the municipal treasury.

6-19           (d)  An officer collecting a cost due under this article in a

6-20     justice, county, or district court shall keep separate records of

6-21     the money collected and shall deposit the money in the county

6-22     treasury.

6-23           (e)  An officer collecting a cost due under this article

6-24     shall file the report required by Article 103.005.  If no money due

6-25     as a cost under this article is collected in any quarter, the

6-26     report required for that quarter shall be filed in the regular

6-27     manner, and the report shall state that no money due under this

 7-1     article was collected.

 7-2           (f)  The custodian of money in a municipal or county treasury

 7-3     may deposit money collected under this article in an

 7-4     interest-bearing account.  The custodian shall:

 7-5                 (1)  keep records of the amount of money collected

 7-6     under this article that is on deposit in the treasury; and

 7-7                 (2)  not later than the last day of the month following

 7-8     each calendar quarter, remit to the comptroller money collected

 7-9     under this article during the preceding quarter, as required by the

7-10     comptroller.

7-11           (g)  A municipality or county may retain 10 percent of the

7-12     money collected under this article as a service fee for the

7-13     collection.  The municipality or county may retain any interest

7-14     accrued on the money if the custodian of money deposited in the

7-15     treasury keeps records of the amount of money collected under this

7-16     article that is on deposit in the treasury and remits the funds to

7-17     the comptroller within the period prescribed in Subsection (f).

7-18           (h)  The comptroller shall deposit money received under this

7-19     article to the credit of the following accounts in the general

7-20     revenue fund according to the specified percentages:

7-21                 NAME OF ACCOUNT                              PERCENTAGE

7-22     abused children's counseling                                  0.01%

7-23     crime stoppers assistance                                     0.32%

7-24     breath alcohol testing                                        0.68%

7-25     Bill Blackwood Law Enforcement

7-26     Management Institute                                          1.34%

7-27     law enforcement officers standards and education              6.18%

 8-1     comprehensive rehabilitation                                  6.57%

 8-2     operator's and chauffeur's license                           13.76%

 8-3     criminal justice planning                                    15.50%

 8-4     compensation to victims of crime                             45.02%

 8-5           (i)  Of each dollar credited to the law enforcement officers

 8-6     standards and education account under Subsection (h):

 8-7                 (1)  $.333 may be used only to pay administrative

 8-8     expenses; and

 8-9                 (2)  the remainder may be used only to pay expenses

8-10     related to continuing education for persons licensed under Chapter

8-11     415, Government Code.

8-12           (j)  Money collected under this article is subject to audit

8-13     by the comptroller.  Money spent is subject to audit by the state

8-14     auditor.

8-15           (k)  Except for a conviction in a municipal court or as

8-16     otherwise provided by this article, Chapter 103 applies to the

8-17     collection of a cost under this article.

8-18           (l)  In this article:

8-19                 (1)  court costs are due from the person regardless of

8-20     whether the person submitted a specimen of breath or blood for

8-21     analysis; and

8-22                 (2)  a person is considered to have been convicted in a

8-23     case if:

8-24                       (A)  a sentence is imposed;

8-25                       (B)  the person receives community supervision or

8-26     deferred adjudication; or

8-27                       (C)  the court defers final disposition of the

 9-1     case.

 9-2           SECTION 4.  The following are repealed:

 9-3                 (1)  Article 37.072, Code of Criminal Procedure;

 9-4                 (2)  Articles 56.55, 56.56, and 56.57, Code of Criminal

 9-5     Procedure;

 9-6                 (3)  Article 102.015, Code of Criminal Procedure;

 9-7                 (4)  Articles 102.051, 102.052, 102.053, 102.054, and

 9-8     102.055, Code of Criminal Procedure;

 9-9                 (5)  Subchapter D, Chapter 102, Code of Criminal

9-10     Procedure;

9-11                 (6)  Section 601.192, Transportation Code; and

9-12                 (7)  Sections 415.082 and 415.083, Government Code.

9-13           SECTION 5.  (a)  This Act takes effect September 1, 1997.

9-14           (b)  The change in law made by this Act applies only to a

9-15     court cost imposed on conviction of an offense committed on or

9-16     after the effective date of this Act.  A court cost imposed on

9-17     conviction of an offense committed before the effective date of

9-18     this Act is governed by the law in effect when the offense was

9-19     committed, and the former law is continued in effect for that

9-20     purpose.  For the purposes of this section, an offense was

9-21     committed before the effective date of this Act if any element of

9-22     the offense occurred before that date.

9-23           SECTION 6.  The importance of this legislation and the

9-24     crowded condition of the calendars in both houses create an

9-25     emergency and an imperative public necessity that the

9-26     constitutional rule requiring bills to be read on three several

9-27     days in each house be suspended, and this rule is hereby suspended.