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.