By Gallego H.B. No. 2298
75R2621 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to costs of court imposed on persons convicted of certain
1-3 offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 56.55(a), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (a) In addition to other court costs, a [A] person shall
1-8 pay:
1-9 (1) $30 as a court cost on conviction of:
1-10 (A) a felony;
1-11 (B) an offense under Section 49.04, Penal Code;
1-12 or
1-13 (C) an offense under Section 601.191,
1-14 Transportation Code; or
1-15 (2) $13 as a court cost on conviction of an offense
1-16 other than an offense described by Subdivision (1) of this
1-17 subsection [$45 as a court cost on conviction of a felony;]
1-18 [(2) $35 as a court cost on conviction of a violation
1-19 of a municipal ordinance punishable by a fine of more than $200 or
1-20 on conviction of a misdemeanor punishable by imprisonment or by a
1-21 fine of more than $500; or]
1-22 [(3) $15 as a court cost on conviction of a violation
1-23 of a municipal ordinance punishable by a fine of not more than $200
1-24 or on conviction of a misdemeanor punishable by a fine of not more
2-1 than $500, other than a conviction of a misdemeanor offense or a
2-2 violation of a municipal ordinance relating to pedestrians and the
2-3 parking of motor vehicles].
2-4 SECTION 2. Article 102.013(a), Code of Criminal Procedure,
2-5 is amended to read as follows:
2-6 (a) In addition to other court costs, a [A] defendant
2-7 [convicted of an offense other than a misdemeanor punishable by
2-8 fine only] shall pay:
2-9 (1) 30 cents as a court cost on conviction of:
2-10 (A) a felony;
2-11 (B) an offense under Section 49.04, Penal Code;
2-12 or
2-13 (C) an offense under Section 601.191,
2-14 Transportation Code; or
2-15 (2) 15 cents as a court cost on conviction of an
2-16 offense other than an offense described by Subdivision (1) of this
2-17 subsection [as a cost of court $2].
2-18 SECTION 3. Subsections (a) and (h), Article 102.016, Code of
2-19 Criminal Procedure, are amended to read as follows:
2-20 (a) In addition to other court costs, a [A] person convicted
2-21 of an offense [under Chapter 49, Penal Code, other than an offense
2-22 punishable as a Class C misdemeanor, or of an offense under the
2-23 Texas Commercial Driver's License Act (Article 6687b-2, Revised
2-24 Statutes),] shall pay $15.90 as a court cost on conviction of:
2-25 (1) a felony;
2-26 (2) an offense under Section 49.04, Penal Code; or
2-27 (3) an offense under Section 601.191, Transportation
3-1 Code [as court costs $30, in addition to other court costs].
3-2 (h) The custodian of a municipal or county treasury in a
3-3 county that maintains a certified breath alcohol testing program
3-4 but does not use the services of a certified technical supervisor
3-5 employed by the department shall remit $3.97 [$7.50] of each cost
3-6 collected under this article to the comptroller on or before the
3-7 last day of the month of each calendar quarter, and retain $11.93
3-8 [$22.50] of the cost to defray the costs of maintaining and
3-9 supporting a certified alcohol breath testing program.
3-10 SECTION 4. Article 102.051, Code of Criminal Procedure, is
3-11 amended to read as follows:
3-12 Art. 102.051. COURT [MISDEMEANOR AND FELONY] COSTS; CRIMINAL
3-13 JUSTICE PLANNING. (a) In addition to other court costs, a person
3-14 shall pay $5.60 as a court cost on conviction of any offense
3-15 [Except as provided by Subsection (d), a defendant convicted of a
3-16 misdemeanor punishable by fine only, not to exceed $500, shall pay
3-17 as a cost of court $5].
3-18 (b) [A defendant convicted of a misdemeanor punishable by a
3-19 fine exceeding $500 shall pay as a cost of court $10.]
3-20 [(c) A defendant convicted of a felony shall pay as a cost
3-21 of court $20.]
3-22 [(d) This article does not apply to a person convicted under
3-23 the Uniform Act Regulating Traffic on Highways (Article 6701d,
3-24 Vernon's Texas Civil Statutes) if the person is convicted of a
3-25 provision of that Act regulating pedestrians and the parking of
3-26 motor vehicles.]
3-27 [(e)] The officer shall collect the costs in the same manner
4-1 as other costs are collected in the case.
4-2 (c) [(f)] In this article, a person is considered to have
4-3 been convicted in a case if:
4-4 (1) a sentence is imposed;
4-5 (2) the defendant receives probation or deferred
4-6 adjudication; or
4-7 (3) the court defers final disposition of the case.
4-8 SECTION 5. Article 102.081, Code of Criminal Procedure, is
4-9 amended to read as follows:
4-10 Art. 102.081. COURT [TRAFFIC CONVICTION] COSTS;
4-11 COMPREHENSIVE REHABILITATION. (a) In addition to other court
4-12 costs, a [A] person convicted of an offense [under Section 166,
4-13 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
4-14 Texas Civil Statutes), or an offense under Chapter 329, Acts of the
4-15 60th Legislature, Regular Session, 1967 (Article 6701c-3, Vernon's
4-16 Texas Civil Statutes),] shall pay:
4-17 (1) $14.10 as a court cost on conviction of:
4-18 (A) a felony;
4-19 (B) an offense under Section 49.04, Penal Code;
4-20 or
4-21 (C) an offense under Section 601.191,
4-22 Transportation Code; or
4-23 (2) $1.15 as a court cost on conviction of an offense
4-24 other than an offense described by Subdivision (1) of this
4-25 subsection [as a cost of court $5].
4-26 (b) [A person convicted of an offense under Chapter 49,
4-27 Penal Code, other than an offense punishable as a Class C
5-1 misdemeanor, shall pay as a cost of court $25.]
5-2 [(c)] The officer shall collect the costs in the same manner
5-3 as other costs are collected in the case.
5-4 (c) [(d)] In this article, a person is considered to have
5-5 been convicted in a case if:
5-6 (1) a sentence is imposed;
5-7 (2) the defendant receives probation or deferred
5-8 adjudication; or
5-9 (3) the court defers final disposition of the case.
5-10 SECTION 6. Subchapter A, Chapter 102, Code of Criminal
5-11 Procedure, is amended by adding Article 102.019 to read as follows:
5-12 Art. 102.019. COURT COSTS; OPERATOR'S AND CHAUFFEUR'S
5-13 LICENSE FUND ACCOUNT. (a) In addition to other court costs, a
5-14 person shall pay:
5-15 (1) $27.10 as a court cost on conviction of:
5-16 (A) a felony;
5-17 (B) an offense under Section 49.04, Penal Code;
5-18 or
5-19 (C) an offense under Section 601.191,
5-20 Transportation Code; or
5-21 (2) $1.10 as a court cost on conviction of an offense
5-22 other than an offense described by Subdivision (1) of this
5-23 subsection.
5-24 (b) The officer shall collect the costs in the same manner
5-25 as other costs are collected in the case.
5-26 (c) In this article, a person is considered to have been
5-27 convicted in a case if:
6-1 (1) a sentence is imposed;
6-2 (2) the defendant receives community supervision or
6-3 deferred adjudication; or
6-4 (3) the court defers final disposition of the case.
6-5 (d) An officer collecting costs due under this article in
6-6 cases in municipal court shall keep separate records of the funds
6-7 collected as costs under this article and shall deposit the funds
6-8 in the municipal treasury.
6-9 (e) An officer collecting costs due under this article in
6-10 justice, county, and district courts shall keep separate records of
6-11 the funds collected as costs under this article and shall deposit
6-12 the funds in the county treasury.
6-13 (f) An officer collecting costs due under this article in
6-14 county courts on appeal from justice or municipal courts shall keep
6-15 separate records of the funds collected under this article and
6-16 shall deposit the funds in the county treasury.
6-17 (g) Officers collecting funds due as costs under this
6-18 article shall file the report required under Article 103.005 of
6-19 this code. If no funds due as costs under this article have been
6-20 collected in any quarter, the report required for each quarter
6-21 shall be filed in the regular manner, and the report shall state
6-22 that no funds due under this article were collected.
6-23 (h) The custodians of the municipal and county treasuries
6-24 may deposit the funds collected under this article in
6-25 interest-bearing accounts. The custodians shall keep records of
6-26 the amount of funds collected under this article that are on
6-27 deposit with the custodian and shall, not later than the last day
7-1 of the month following the expiration of each calendar quarter,
7-2 remit to the comptroller funds collected under this article during
7-3 the preceding quarter, in the manner required by the comptroller.
7-4 (i) A municipal or county treasury may retain 10 percent of
7-5 funds collected in this article as a service fee for the collection
7-6 and may also retain all interest accrued on the funds if the
7-7 custodian of the treasury keeps records of the amount of funds
7-8 collected under this article that are on deposit with the treasury
7-9 and remits the funds to the comptroller within the period
7-10 prescribed in Subsection (h) of this article.
7-11 (j) The comptroller shall deposit the funds received by the
7-12 comptroller under this article to the credit of the operator's and
7-13 chauffeur's license fund account in the general revenue fund.
7-14 SECTION 7. Section 601.192, Transportation Code, is
7-15 repealed.
7-16 SECTION 8. (a) This Act takes effect September 1, 1997.
7-17 The changes in law made by this Act apply only to the imposition of
7-18 a court cost on conviction of an offense committed on or after
7-19 September 1, 1997. An offense committed before September 1, 1997,
7-20 is covered by the law in effect when the offense was committed, and
7-21 the former law is continued in effect for that purpose. For
7-22 purposes of this section, an offense was committed before September
7-23 1, 1997, if any element of the offense occurred before that date.
7-24 (b) For the purposes of this section, "conviction" has the
7-25 meaning assigned by Article 102.019(c), Code of Criminal Procedure,
7-26 as added by this Act.
7-27 SECTION 9. The importance of this legislation and the
8-1 crowded condition of the calendars in both houses create an
8-2 emergency and an imperative public necessity that the
8-3 constitutional rule requiring bills to be read on three several
8-4 days in each house be suspended, and this rule is hereby suspended.