By Madla                                        S.B. No. 1216

      75R8991 MWV-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to court fees used to provide security for certain public

 1-3     buildings.

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

 1-5           SECTION 1.  Sections 291.008(a) and (d), Local Government

 1-6     Code, are amended to read as follows:

 1-7           (a)  The commissioners court may set a fee not to exceed $10

 1-8     [$5] to be collected at the time of filing in each civil case filed

 1-9     in a county  court, county court at law, or district court which

1-10     shall be taxed as other costs.  The county is not liable for the

1-11     costs.

1-12           (d)  If a commissioners court sets a security fee under

1-13     Subsection (a) of this section, the county and district clerks

1-14     shall collect a fee of $2 [$1] for filing any document not subject

1-15     to the security fee.  The county is not liable  for the costs.  The

1-16     county or district clerk, as appropriate, shall collect this fee.

1-17           SECTION 2.  Article 102.017(d), Code of Criminal Procedure,

1-18     is amended to read as follows:

1-19           (d)  The clerks of the respective courts shall collect the

1-20     costs and pay them to the county or municipal treasurer, as

1-21     appropriate, or to any other official who discharges the duties

1-22     commonly delegated to the county or municipal treasurer, as

1-23     appropriate, for deposit in a fund to be known as the courthouse

1-24     security fund or a fund to be known as the municipal court building

 2-1     security fund, as appropriate.  A fund designated by this

 2-2     subsection may be used only to finance the following items when

 2-3     used for the purpose of providing security services for buildings

 2-4     housing a district, county, or municipal court or a criminal

 2-5     justice detention facility or other facility selected by the

 2-6     commissioners court, as appropriate:

 2-7                 (1)  the purchase or repair of X-ray machines and

 2-8     conveying systems;

 2-9                 (2)  handheld metal detectors;

2-10                 (3)  walkthrough metal detectors;

2-11                 (4)  identification cards and systems;

2-12                 (5)  electronic locking and surveillance equipment;

2-13                 (6)  bailiffs, deputy sheriffs, deputy constables, or

2-14     contract security personnel during times when they are providing

2-15     appropriate security services;

2-16                 (7)  signage;

2-17                 (8)  confiscated weapon inventory and tracking systems;

2-18     or

2-19                 (9)  locks, chains, or other security hardware.

2-20           SECTION 3.  This Act takes effect September 1, 1997, and

2-21     applies to a fee that becomes payable on or after that date.  A fee

2-22     that became payable before the effective date of this Act is

2-23     governed by the law in effect when the fee became payable, and that

2-24     law is continued in effect for that purpose.

2-25           SECTION 4.  The importance of this legislation and the

2-26     crowded condition of the calendars in both houses create an

2-27     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended.