By Reyna of Bexar                                      H.B. No. 545
         76R3587 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the allocation of funds generated from certain court
 1-3     security fees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 102.017, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 102.017. COURT COSTS;  COUNTY COURT BUILDING
 1-8     [COURTHOUSE] SECURITY FUND;  MUNICIPAL COURT BUILDING SECURITY
 1-9     FUND.  (a)  A defendant convicted of a felony offense in a district
1-10     court shall pay a $5 security fee as a cost of court.
1-11           (b)  A defendant convicted of a misdemeanor offense in a
1-12     justice court, county court, county court at law, or district court
1-13     shall pay a $3 security fee as a cost of court.  The governing body
1-14     of a municipality by ordinance may create a municipal court
1-15     building security fund and may require a defendant convicted of a
1-16     misdemeanor offense in a municipal court to pay a $3 security fee
1-17     as a cost of court.
1-18           (c)  In this article, a person is considered convicted if:
1-19                 (1)  a sentence is imposed on the person;
1-20                 (2)  the person receives community supervision,
1-21     including deferred adjudication; or
1-22                 (3)  the court defers final disposition of the person's
1-23     case.
1-24           (d)  The clerks of the respective courts shall collect the
 2-1     costs and pay them to the county or municipal treasurer, as
 2-2     appropriate, or to any other official who discharges the duties
 2-3     commonly delegated to the county or municipal treasurer, as
 2-4     appropriate, for deposit in a fund to be known as the county court
 2-5     building [courthouse] security fund or a fund to be known as the
 2-6     municipal court building security fund, as appropriate.  A fund
 2-7     designated by this subsection may be used only to finance the
 2-8     following items when used for the purpose of providing security
 2-9     services for buildings housing a district, county, justice, or
2-10     municipal court, as appropriate:
2-11                 (1)  the purchase or repair of X-ray machines and
2-12     conveying systems;
2-13                 (2)  handheld metal detectors;
2-14                 (3)  walkthrough metal detectors;
2-15                 (4)  identification cards and systems;
2-16                 (5)  electronic locking and surveillance equipment;
2-17                 (6)  bailiffs, deputy sheriffs, deputy constables, or
2-18     contract security personnel during times when they are providing
2-19     appropriate security services;
2-20                 (7)  signage;
2-21                 (8)  confiscated weapon inventory and tracking systems;
2-22                 (9)  locks, chains, or other security hardware; or
2-23                 (10)  continuing education on security issues for court
2-24     personnel and security personnel.
2-25           (e)  The county court building [courthouse] security fund
2-26     shall be administered by or under the direction of the
2-27     commissioners court.  Of the funds collected under this section for
 3-1     the county court building security fund, the commissioners court
 3-2     shall allocate:
 3-3                 (1)  80 percent of the funds collected by a court to
 3-4     the building housing that court for use as provided by Subsection
 3-5     (d); and
 3-6                 (2)  20 percent of the funds collected by a court for
 3-7     any use within the county as provided by Subsection (d).
 3-8           (f)  The municipal court building fund shall be administered
 3-9     by or under the direction of the governing body of the
3-10     municipality.
3-11           SECTION 2.  (a)  The change in law made by this Act applies
3-12     only to a fee collected under Article 102.017, Code of Criminal
3-13     Procedure, as amended by this Act, on or after the first day of the
3-14     county's fiscal year that begins on or after the effective date of
3-15     this Act.
3-16           (b)  A fee collected under Article 102.017, Code of Criminal
3-17     Procedure, as amended by this Act, before the first day of the
3-18     county's fiscal year that begins on or after the effective date of
3-19     this Act is covered by the law in effect immediately preceding that
3-20     effective date, and the former law continues in effect for that
3-21     purpose.
3-22           SECTION 3.  The importance of this legislation and the
3-23     crowded condition of the calendars in both houses create an
3-24     emergency and an imperative public necessity that the
3-25     constitutional rule requiring bills to be read on three several
3-26     days in each house be suspended, and this rule is hereby suspended.