By:  Patterson                                         S.B. No. 918

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to funding the costs of apprehending certain inmates for

 1-2     whom warrants are issued by the Board of Pardons and Paroles or the

 1-3     pardons and paroles division of the Texas Department of Criminal

 1-4     Justice.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter A, Chapter 102, Code of Criminal

 1-7     Procedure, is amended by adding Article 102.019 to read as follows:

 1-8           Art. 102.019.  FELONY COSTS FOR FUGITIVE APPREHENSION.

 1-9     (a)  A person shall pay $5 as a court cost on conviction of a

1-10     felony.

1-11           (b)  The court shall assess and make a reasonable effort to

1-12     collect the cost due under this article whether or not any other

1-13     court cost is assessed or collected.

1-14           (c)  For purposes of this article, a person is considered to

1-15     have been convicted if:

1-16                 (1)  a sentence is imposed; or

1-17                 (2)  the defendant receives community supervision or

1-18     deferred adjudication.

1-19           (d)  Court costs under this article are collected in the same

1-20     manner as other fines or costs.  The officer collecting the costs

1-21     shall keep separate records of the funds collected as costs under

1-22     this article and shall deposit the funds in the county treasury.

1-23           (e)  The custodian of a county treasury shall:

 2-1                 (1)  keep records of the amount of funds on deposit

 2-2     collected under this article; and

 2-3                 (2)  send to the comptroller before the last day of the

 2-4     first month following each calendar quarter the funds collected

 2-5     under this article during the preceding quarter.

 2-6           (f)  A county may retain 10 percent of the funds collected

 2-7     under this article as a collection fee if the custodian of the

 2-8     county treasury complies with Subsection (e).

 2-9           (g)  If no funds due as costs under this article are

2-10     deposited in a county treasury in a calendar quarter, the custodian

2-11     of the county treasury shall file the report required for the

2-12     quarter in the regular manner and must state that no funds were

2-13     collected.

2-14           (h)  The comptroller shall deposit the funds received under

2-15     this article to the credit of the fugitive apprehension account in

2-16     the general revenue fund.

2-17           (i)  Funds collected under this article are subject to audit

2-18     by the comptroller.

2-19           SECTION 2.  Subchapter A, Chapter 411, Government Code, is

2-20     amended by adding Section 411.0097 to read as follows:

2-21           Sec. 411.0097.  FUGITIVE APPREHENSION ACCOUNT.  The fugitive

2-22     apprehension account is a special account in the general revenue

2-23     fund.  The legislature may appropriate funds in the account only

2-24     for the purpose of paying for the cost to the department of

2-25     apprehending individuals for whom warrants have been issued under

 3-1     Section 13, Article 42.18, Code of Criminal Procedure.

 3-2           SECTION 3.  This Act takes effect September 1, 1997.

 3-3           SECTION 4.  The court cost authorized by Article 102.019,

 3-4     Code of Criminal Procedure, as added by this Act, applies only to a

 3-5     conviction for an offense that is committed on or after the

 3-6     effective date of this Act.  For purposes of this section, an

 3-7     offense is committed before the effective date of this Act if any

 3-8     element of the offense occurs before the effective date.

 3-9           SECTION 5.  The importance of this legislation and the

3-10     crowded condition of the calendars in both houses create an

3-11     emergency and an imperative public necessity that the

3-12     constitutional rule requiring bills to be read on three several

3-13     days in each house be suspended, and this rule is hereby suspended.