76R9326 JMC-F                           
         By Turner of Coleman, Christian, Keffer                H.B. No. 424
            Gallego, Counts, et al. 
         Substitute the following for H.B. No. 424:
         By Hinojosa                                        C.S.H.B. No. 424
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the imposition of a cost of court on criminal
 1-3     convictions and the creation of a fund for the payment of
 1-4     extraordinary costs of prosecution in certain counties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 102, Code of Criminal Procedure, is
 1-7     amended by adding Subchapter D to read as follows:
 1-8            SUBCHAPTER D.  COURT COSTS FOR EXTRAORDINARY COSTS OF
 1-9                              PROSECUTION FUND
1-10           Art. 102.081.  COSTS.  (a)  A defendant convicted of a felony
1-11     shall pay as a cost of court $5.
1-12           (b)  Except as provided by Subsection (c), a defendant
1-13     convicted of a misdemeanor shall pay as a cost of court $1.
1-14           (c)  This article does not apply to a defendant convicted:
1-15                 (1)  under Subtitle C, Title 7, Transportation Code, if
1-16     the person is convicted under a section regulating pedestrians and
1-17     the parking of motor vehicles; or
1-18                 (2)  of a misdemeanor in a municipal court or municipal
1-19     court of record.
1-20           (d)  The clerk of the court shall collect the cost at the
1-21     time of sentencing, unless the defendant files a motion for new
1-22     trial or files an appeal, in which event the clerk of the court
1-23     shall collect the cost when the conviction is final.
1-24           (e)  The court may waive the cost imposed under this article
 2-1     if the court determines that the defendant is indigent.
 2-2           Art. 102.082.  RECORD OF COLLECTION.  A clerk of the court
 2-3     collecting costs due under this subchapter shall keep separate
 2-4     records of the funds collected as costs under this subchapter and
 2-5     shall deposit the funds in the county treasury.
 2-6           Art. 102.083.  REPORTS REQUIRED.  (a)  A clerk of the court
 2-7     collecting funds due as costs under this subchapter shall file the
 2-8     report required under Article 103.005.
 2-9           (b)  If no funds due as costs under this subchapter have been
2-10     collected in any quarter, the report required for each quarter
2-11     shall be filed in the regular manner, and the report shall state
2-12     that no funds due under this subchapter were collected.
2-13           Art. 102.084.  TRANSFER OF FUNDS TO COMPTROLLER.  (a)  The
2-14     custodian of the county treasury may deposit the funds collected
2-15     under this subchapter in an interest-bearing account.  The
2-16     custodian shall keep records of the amount of funds collected under
2-17     this subchapter that are on deposit with the custodian.  On or
2-18     before the last day of the month following each calendar quarter
2-19     period of three months, the custodian shall remit to the
2-20     comptroller funds collected under this subchapter during the
2-21     preceding quarter.
2-22           (b)  A county treasury may retain 10 percent of each cost
2-23     collected under this subchapter as a service fee for the collection
2-24     and may also retain all interest accrued on the funds if the
2-25     custodian of the treasury keeps records of the amount of funds
2-26     collected under this subchapter that are on deposit with the
2-27     treasury and remits the funds to the comptroller within the period
 3-1     prescribed in Subsection (a).
 3-2           Art. 102.085.  EXTRAORDINARY COSTS OF PROSECUTION FUND.
 3-3     (a)  The comptroller shall deposit money received by the
 3-4     comptroller under this subchapter in an account in the general
 3-5     revenue fund to be known as the extraordinary costs of prosecution
 3-6     fund.  The legislature shall appropriate money from the fund only
 3-7     to the criminal justice division of the governor's office.  The
 3-8     division shall distribute money received under this subsection as
 3-9     provided by this article.
3-10           (b)  A county is eligible to apply to the division for a
3-11     distribution of money under this article if, during the preceding
3-12     fiscal year:
3-13                 (1)  the total amount of expenditures of the county
3-14     exceeded the total amount of funds received by the county from all
3-15     sources and the county incurred expenses for the investigation or
3-16     prosecution of an offense under Section 19.03, Penal Code; or
3-17                 (2)  the total amount of funds received by the county
3-18     from all sources exceeded the total amount of expenditures of the
3-19     county and the county incurred expenses for the investigation or
3-20     prosecution of an offense under Section 19.03, Penal Code, that
3-21     exceed five percent of the amount of that excess.
3-22           (c)  The commissioners court must submit with an application
3-23     under Subsection (b) a financial statement of the county that shows
3-24     for the fiscal year for which application is made:
3-25                 (1)  the total amount of funds received by the county
3-26     from all sources;
3-27                 (2)  the total amount of expenditures of the county;
 4-1     and
 4-2                 (3)  the total amount of expenses incurred by the
 4-3     county for the investigation or prosecution of an offense under
 4-4     Section 19.03, Penal Code.
 4-5           (d)  The division may distribute money under this article
 4-6     only to an eligible county for the reimbursement of expenses
 4-7     incurred by the county during the fiscal year for which application
 4-8     is made for the investigation or prosecution of an offense under
 4-9     Section 19.03, Penal Code.  The amount of the reimbursement to a
4-10     county eligible under Subsection (b)(2) may not exceed an amount
4-11     equal to five percent of the difference between the total amount of
4-12     funds received by the county and the total amount of expenditures
4-13     of the county during the fiscal year for which application is made.
4-14           (e)  For each fiscal year, the division shall distribute at
4-15     least 50 percent of the money distributed under this article during
4-16     that year to eligible counties with a population of less than
4-17     50,000, except that if the total distributions applied for by those
4-18     counties is less than 50 percent of the money distributed during
4-19     that year, the division is only required to distribute to those
4-20     counties the amount of money for which applications have been made.
4-21           (f)  The division may adopt a budget and rules for the
4-22     distribution of money under this article.
4-23           Art. 102.086.  AUDIT.  All money collected under this
4-24     subchapter is subject to audit by the comptroller.  All money
4-25     distributed to a county under this subchapter and its expenditure
4-26     by the county are subject to audit by the state auditor.
4-27           SECTION 2.  (a)  The imposition of a cost of court as
 5-1     authorized by Article 102.081, Code of Criminal Procedure, as added
 5-2     by this Act, applies only to a defendant convicted of an offense
 5-3     committed on or after the effective date of this Act.  For purposes
 5-4     of this subsection, an offense is committed before the effective
 5-5     date of this Act if any element of the offense occurs before the
 5-6     effective date.  A defendant convicted of an offense committed
 5-7     before the effective date of this Act is covered by the law in
 5-8     effect when the offense was committed, and the former law is
 5-9     continued in effect for that purpose.
5-10           (b)  The commissioners court of a county may apply to the
5-11     criminal justice division of the governor's office for a
5-12     distribution of money, as provided by Article 102.085, Code of
5-13     Criminal Procedure, as added by this Act, on or after January 1,
5-14     2000.
5-15           SECTION 3.  This Act takes effect September 1, 1999.
5-16           SECTION 4.  The importance of this legislation and the
5-17     crowded condition of the calendars in both houses create an
5-18     emergency and an imperative public necessity that the
5-19     constitutional rule requiring bills to be read on three several
5-20     days in each house be suspended, and this rule is hereby suspended.