By Armbrister S.B. No. 848
75R6476 JD-D
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 56.57(a), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (a) The comptroller shall deposit [the funds received under
1-8 Article 56.56 and all other] moneys credited to the fund by any
1-9 [other provision of] law in the compensation to victims of crime
1-10 fund.
1-11 SECTION 2. Article 102.013, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 102.013. [COURT COSTS;] CRIME STOPPERS ASSISTANCE
1-14 ACCOUNT. (a) [A defendant convicted of an offense other than a
1-15 misdemeanor punishable by fine only shall pay as a cost of court
1-16 $2.]
1-17 [(b) In this article, a person is considered to have been
1-18 convicted in a case if:]
1-19 [(1) a sentence is imposed;]
1-20 [(2) the defendant receives probation or deferred
1-21 adjudication; or]
1-22 [(3) the court defers final disposition of the case.]
1-23 [(c) An officer collecting costs under Subsection (a) of
1-24 this article shall keep a separate record of the funds collected as
2-1 costs under this article and shall deposit the funds in the county
2-2 treasury.]
2-3 [(d) An officer collecting costs under Subsection (a) of
2-4 this article shall file the report required under Article 103.005
2-5 of this code. If no funds due as costs under Subsection (a) of
2-6 this article are collected in a quarter, the report required for
2-7 the quarter shall be filed in the regular manner and must state
2-8 that no funds due under Subsection (a) of this article were
2-9 collected.]
2-10 [(e) The custodian of the county treasury shall keep a
2-11 record of the amount of funds collected under Subsection (a) of
2-12 this article and, on or before the last day of the month following
2-13 each calendar quarter, remit to the comptroller funds collected
2-14 under Subsection (a) of this article in the preceding quarter. The
2-15 custodian of the county treasury may retain 10 percent of the funds
2-16 collected under Subsection (a) of this article and the interest as
2-17 a service fee if the custodian of the treasury keeps records of the
2-18 amount of funds on deposit collected under Subsection (a) of this
2-19 article and remits the funds to the comptroller within the period
2-20 prescribed under this subsection.]
2-21 [(f) The comptroller shall deposit the funds received by the
2-22 comptroller under Subsection (e) of this article in an account of
2-23 the General Revenue Fund to be known as the crime stoppers
2-24 assistance account.]
2-25 [(g)] The legislature shall appropriate funds from the crime
2-26 stoppers assistance account to the Criminal Justice Division of the
2-27 Governor's Office. The Criminal Justice Division may use 10
3-1 percent of the funds for the operation of the toll-free telephone
3-2 service under Section 414.012, Government Code, and shall
3-3 distribute the remainder of the funds only to local crime stoppers
3-4 programs. The Criminal Justice Division may adopt a budget and
3-5 rules to implement the distribution of these funds.
3-6 (b) [(h) All funds collected under Subsection (a) of this
3-7 article are subject to audit by the comptroller.] All funds
3-8 distributed by the Criminal Justice Division under Subsection (a)
3-9 [(g)] of this article are subject to audit by the state auditor.
3-10 All funds collected or distributed are subject to audit by the
3-11 Governor's Division of Planning Coordination.
3-12 (c) [(i)] In this article, "local crime stoppers program"
3-13 has the meaning assigned by Section 414.001, Government Code.
3-14 SECTION 3. Article 102.016, Code of Criminal Procedure, is
3-15 amended to read as follows:
3-16 Art. 102.016. COSTS FOR BREATH ALCOHOL TESTING PROGRAM.
3-17 (a) [A person convicted of an offense under Chapter 49, Penal
3-18 Code, other than an offense punishable as a Class C misdemeanor, or
3-19 of an offense under the Texas Commercial Driver's License Act
3-20 (Article 6687b-2, Revised Statutes), shall pay as court costs $30,
3-21 in addition to other court costs.]
3-22 [(b) The officer shall collect the costs in the same manner
3-23 as other costs are collected in the case.]
3-24 [(c) In this article, court costs are due from the convicted
3-25 person regardless of whether the person submitted a specimen of
3-26 breath or blood for analysis, and a person is considered to have
3-27 been convicted in a case if:]
4-1 [(1) sentence is imposed;]
4-2 [(2) the defendant receives probation or deferred
4-3 adjudication; or]
4-4 [(3) the court defers final disposition of the case.]
4-5 [(d) An officer collecting costs due under this article in
4-6 cases in municipal court shall keep separate records of the funds
4-7 collected under this article and shall deposit the funds in the
4-8 municipal treasury.]
4-9 [(e) An officer collecting costs due under this article in
4-10 cases in county or district court or in appeals in county court
4-11 shall keep separate records of the funds collected under this
4-12 article and shall deposit the funds in the county treasury.]
4-13 [(f)] The custodians of municipal and county treasuries may
4-14 deposit funds collected under this article in interest-bearing
4-15 accounts and retain for the municipality or county interest earned
4-16 on the funds. The custodians shall keep records of funds received
4-17 and disbursed under this article and shall provide a yearly report
4-18 of all funds received and disbursed under this article to the
4-19 comptroller, the Department of Public Safety, and to each agency in
4-20 the county served by the court that participates in or maintains a
4-21 certified breath alcohol testing program. The comptroller shall
4-22 approve the form of the report.
4-23 [(g) The custodian of a municipal or county treasury in a
4-24 county that uses the services of a certified technical supervisor
4-25 employed by the Department of Public Safety for the administration
4-26 of a certified alcohol testing program, on or before the last day
4-27 of the month of each calendar quarter, shall remit to the
5-1 comptroller any funds collected under this article during the
5-2 previous calendar quarter.]
5-3 (b) [(h)] The custodian of a municipal or county treasury in
5-4 a county that maintains a certified breath alcohol testing program
5-5 but does not use the services of a certified technical supervisor
5-6 employed by the department may, [shall remit $7.50 of each cost
5-7 collected under this article to the comptroller on or before the
5-8 last day of the month of each calendar quarter, and retain $22.50
5-9 of the cost] to defray the costs of maintaining and supporting a
5-10 certified alcohol breath testing program, retain $22.50 of each
5-11 court cost collected under Article 102.075 on conviction of an
5-12 offense under:
5-13 (1) Chapter 49, Penal Code, other than an offense that
5-14 is a Class C misdemeanor; or
5-15 (2) Chapter 522, Transportation Code.
5-16 (c) [(i) The comptroller shall deposit all funds received
5-17 under this article to the credit of the general revenue fund.] The
5-18 legislature may appropriate money deposited to the credit of the
5-19 breath alcohol testing account in the general revenue fund under
5-20 this subsection to the Department of Public Safety for use by the
5-21 department in the implementation, administration, and maintenance
5-22 of the statewide certified breath alcohol testing program.
5-23 (d) [(j)] The Department of Public Safety shall maintain a
5-24 list of counties that do not use the services of a certified
5-25 technical supervisor employed by the department.
5-26 SECTION 4. Subchapter C, Chapter 102, Code of Criminal
5-27 Procedure, is amended by adding Article 102.075 to read as follows:
6-1 Art. 102.075. COURT COSTS FOR SPECIAL SERVICES. (a) Except
6-2 as provided by Subsection (b), a person convicted of an offense
6-3 shall pay, in addition to all other costs:
6-4 (1) $125 as a court cost on conviction of:
6-5 (A) a felony; or
6-6 (B) an offense punishable by imprisonment or
6-7 confinement in jail for a term of more than one year;
6-8 (2) $75 as a court cost on conviction of:
6-9 (A) a Class A misdemeanor;
6-10 (B) a Class B misdemeanor;
6-11 (C) an offense punishable by confinement in jail
6-12 for a term of not more than one year; or
6-13 (D) a municipal ordinance punishable by a fine
6-14 of more than $500; or
6-15 (3) $32 as a court cost on conviction of any offense
6-16 punishable by fine only, other than an offense described by
6-17 Subdivision (2)(D) of this subsection.
6-18 (b) Subsection (a) does not apply to a person convicted
6-19 under Subtitle C, Title 7, Transportation Code, if the person is
6-20 convicted of a provision of that subtitle regulating pedestrians or
6-21 the parking of a motor vehicle.
6-22 (c) An officer collecting a cost due under this article in a
6-23 case in municipal court shall keep separate records of the money
6-24 collected and shall deposit the money in the municipal treasury.
6-25 (d) An officer collecting a cost due under this article in a
6-26 justice, county, or district court shall keep separate records of
6-27 the money collected and shall deposit the money in the county
7-1 treasury.
7-2 (e) An officer collecting a cost due under this article
7-3 shall file the report required by Article 103.005. If no money due
7-4 as a cost under this article is collected in any quarter, the
7-5 report required for that quarter shall be filed in the regular
7-6 manner, and the report shall state that no money due under this
7-7 article was collected.
7-8 (f) The custodian of money in a municipal or county treasury
7-9 may deposit money collected under this article in an
7-10 interest-bearing account. The custodian shall:
7-11 (1) keep records of the amount of money collected
7-12 under this article that is on deposit in the treasury; and
7-13 (2) not later than the last day of the month following
7-14 each calendar quarter, remit to the comptroller money collected
7-15 under this article during the preceding quarter, as required by the
7-16 comptroller.
7-17 (g) A municipality or county may retain 10 percent of the
7-18 money collected under this article as a service fee for the
7-19 collection. The municipality or county may retain any interest
7-20 accrued on the money if the custodian of money deposited in the
7-21 treasury keeps records of the amount of money collected under this
7-22 article that is on deposit in the treasury and remits the funds to
7-23 the comptroller within the period prescribed in Subsection (f).
7-24 (h) The comptroller shall deposit money received under this
7-25 article to the credit of the following accounts in the general
7-26 revenue fund according to the specified percentages:
8-1 NAME OF ACCOUNT PERCENTAGE
8-2 abused children's counseling 0.01%
8-3 crime stoppers assistance 0.32%
8-4 breath alcohol testing 0.68%
8-5 Bill Blackwood Law Enforcement
8-6 Management Institute 1.34%
8-7 law enforcement officers standards and education 6.18%
8-8 comprehensive rehabilitation 6.57%
8-9 operator's and chauffeur's license 13.76%
8-10 criminal justice planning 15.50%
8-11 compensation to victims of crime 45.02%
8-12 (i) Of each dollar credited to the law enforcement officers
8-13 standards and education account under Subsection (h):
8-14 (1) $.333 may be used only to pay administrative
8-15 expenses; and
8-16 (2) the remainder may be used only to pay expenses
8-17 related to continuing education for persons licensed under Chapter
8-18 415, Government Code.
8-19 (j) Money collected under this article is subject to audit
8-20 by the comptroller. Money spent is subject to audit by the state
8-21 auditor.
8-22 (k) Except for a conviction in a municipal court or as
8-23 otherwise provided by this article, Chapter 103 applies to the
8-24 collection of a cost under this article.
8-25 (l) In this article:
8-26 (1) court costs are due from the person regardless of
8-27 whether the person submitted a specimen of breath or blood for
9-1 analysis; and
9-2 (2) a person is considered to have been convicted in a
9-3 case if:
9-4 (A) a sentence is imposed;
9-5 (B) the person receives community supervision or
9-6 deferred adjudication; or
9-7 (C) the court defers final disposition of the
9-8 case.
9-9 SECTION 5. The following are repealed:
9-10 (1) Article 37.072, Code of Criminal Procedure;
9-11 (2) Articles 56.55 and 56.56, Code of Criminal
9-12 Procedure;
9-13 (3) Article 102.015, Code of Criminal Procedure;
9-14 (4) Articles 102.051, 102.052, 102.053, 102.054, and
9-15 102.055, Code of Criminal Procedure;
9-16 (5) Subchapter D, Chapter 102, Code of Criminal
9-17 Procedure;
9-18 (6) Section 601.192, Transportation Code; and
9-19 (7) Sections 415.082 and 415.083, Government Code.
9-20 SECTION 6. (a) This Act takes effect January 1, 1998.
9-21 (b) The change in law made by this Act applies only to a
9-22 court cost imposed on conviction of an offense committed on or
9-23 after the effective date of this Act. A court cost imposed on
9-24 conviction of an offense committed before the effective date of
9-25 this Act is governed by the law in effect when the offense was
9-26 committed, and the former law is continued in effect for that
9-27 purpose. For the purposes of this section, an offense was
10-1 committed before the effective date of this Act if any element of
10-2 the offense occurred before that date.
10-3 SECTION 7. The importance of this legislation and the
10-4 crowded condition of the calendars in both houses create an
10-5 emergency and an imperative public necessity that the
10-6 constitutional rule requiring bills to be read on three several
10-7 days in each house be suspended, and this rule is hereby suspended.