76R13261 JMC-D                           
         By Goodman                                            H.B. No. 1623
         Substitute the following for H.B. No. 1623:
         By Deshotel                                       C.S.H.B. No. 1623
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the governing body of a municipality
 1-3     to create a municipal court technology fund and to require certain
 1-4     defendants to pay court costs for deposit in the fund.
 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 102.0172 to read as
 1-8     follows:
 1-9           Art. 102.0172.  COURT COSTS; MUNICIPAL COURT TECHNOLOGY FUND.
1-10     (a)  The governing body of a municipality by ordinance may create a
1-11     municipal court technology fund and may require a defendant
1-12     convicted of a misdemeanor offense in a municipal court or
1-13     municipal court of record to pay a technology fee not to exceed $4
1-14     as a cost of court.
1-15           (b)  In this article, a person is considered convicted if:
1-16                 (1)  a sentence is imposed on the person;
1-17                 (2)  the person is placed on community supervision,
1-18     including deferred adjudication community supervision; or
1-19                 (3)  the court defers final disposition of the person's
1-20     case.
1-21           (c)  The municipal court clerk shall collect the costs and
1-22     pay the funds to the municipal treasurer, or to any other official
1-23     who discharges the duties commonly delegated to the municipal
1-24     treasurer, for deposit in a fund to be known as the municipal court
 2-1     technology fund.
 2-2           (d)  A fund designated by this article may be used only to
 2-3     finance the purchase of technological enhancements for a municipal
 2-4     court or municipal court of record, including:
 2-5                 (1)  computer systems;
 2-6                 (2)  computer networks;
 2-7                 (3)  computer hardware;
 2-8                 (4)  computer software;
 2-9                 (5)  imaging systems;
2-10                 (6)  electronic kiosks;
2-11                 (7)  electronic ticket writers; and
2-12                 (8)  docket management systems.
2-13           (e)  The municipal court technology fund shall be
2-14     administered by or under the direction of the governing body of the
2-15     municipality.
2-16           (f)  This article expires September 1, 2005.
2-17           SECTION 2.  The change in law made by this Act applies only
2-18     to a cost on conviction for an offense committed on or after the
2-19     effective date of this Act.   A cost on conviction for an  offense
2-20     committed before the effective date of this Act is covered by the
2-21     law in effect when the offense was committed, and the former law is
2-22     continued in effect for that purpose.  For purposes of this
2-23     section, an offense was committed before the effective date of this
2-24     Act if any element of the offense occurred before that date.
2-25           SECTION 3.  This Act takes effect September 1, 1999.
2-26           SECTION 4.  The importance of this legislation and the
2-27     crowded condition of the calendars in both houses create an
 3-1     emergency and an imperative public necessity that the
 3-2     constitutional rule requiring bills to be read on three several
 3-3     days in each house be suspended, and this rule is hereby suspended.