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.