By Pickett H.B. No. 2725
76R8373 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition of costs for services of peace officers
1-3 in criminal cases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 102.011, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 102.011. FEES FOR SERVICES OF PEACE OFFICERS. (a) A
1-8 defendant convicted of a felony or a misdemeanor shall pay the
1-9 following fees for services performed in the case by a peace
1-10 officer:
1-11 (1) [$5 for issuing a written notice to appear in
1-12 court following the defendant's violation of a traffic law,
1-13 municipal ordinance, or penal law of this state, or for making an
1-14 arrest without a warrant;]
1-15 [(2) $35 for executing or processing an issued arrest
1-16 warrant or capias, with the fee imposed for the services of:]
1-17 [(A) the law enforcement agency that executed
1-18 the arrest warrant or capias, if the agency requests of the court,
1-19 not later than the 15th day after the date of the execution of the
1-20 arrest warrant or capias, the imposition of the fee on conviction;
1-21 or]
1-22 [(B) the law enforcement agency that processed
1-23 the arrest warrant or capias, if the executing law enforcement
1-24 agency failed to request the fee within the period required by
2-1 Paragraph (A) of this subdivision;]
2-2 [(3)] $5 for summoning a witness;
2-3 (2) [(4)] $35 for serving a writ not otherwise listed
2-4 in this article;
2-5 (3) [(5)] $10 for taking and approving a bond and, if
2-6 necessary, returning the bond to the courthouse;
2-7 (4) [(6)] $5 for commitment or release;
2-8 (5) [(7)] $5 for summoning a jury, if a jury is
2-9 summoned; and
2-10 (6) [(8)] $8 for each day's attendance of a prisoner
2-11 in a habeas corpus case if the prisoner has been remanded to
2-12 custody or held to bail.
2-13 (b) A defendant charged with a felony or a misdemeanor shall
2-14 pay the following fees for services performed in the case by a
2-15 peace officer:
2-16 (1) $5 for issuing a written notice to appear in court
2-17 following the defendant's violation of a traffic law, municipal
2-18 ordinance, or penal law of this state, or for making an arrest
2-19 without a warrant, to be paid by the defendant not later than the
2-20 15th day after the date on which the notice is issued or the arrest
2-21 is made; and
2-22 (2) $35 for executing or processing an issued arrest
2-23 warrant or capias, to be paid by the defendant not later than the
2-24 15th day after the date on which the arrest warrant is executed,
2-25 with the fee imposed for the services of:
2-26 (A) the law enforcement agency that executed the
2-27 arrest warrant or capias, if the agency requests of the court, not
3-1 later than the 14th day after the date of the execution of the
3-2 arrest warrant or capias, the imposition of the fee; or
3-3 (B) the law enforcement agency that processed
3-4 the arrest warrant or capias, if the executing law enforcement
3-5 agency failed to request the fee within the period required by
3-6 Paragraph (A) of this subdivision.
3-7 (c) An officer collecting a fee imposed under Subsection
3-8 (b)(1) from a defendant who is not subsequently convicted of the
3-9 violation for which notice was issued or the arrest was made shall
3-10 return the fee to the defendant immediately on the acquittal of the
3-11 defendant or dismissal of the charge. If the defendant is not
3-12 acquitted or convicted of the charge or does not enter a plea of
3-13 guilty or nolo contendere to the charge, and if the prosecution of
3-14 the violation is not dismissed, the officer collecting the fee
3-15 shall return the fee not later than the 10th day after the date on
3-16 which the prosecution is barred by limitations.
3-17 (d) In addition to fees provided by Subsection (a) of this
3-18 article, a defendant required to pay fees under this article on
3-19 conviction shall also pay 29 cents per mile for mileage required of
3-20 an officer to perform a service listed in this subsection and to
3-21 return from performing that service. If the service provided is
3-22 the execution of a writ and the writ is directed to two or more
3-23 persons or the officer executes more than one writ in a case, the
3-24 defendant is required to pay only mileage actually and necessarily
3-25 traveled. In calculating mileage, the officer must use the
3-26 railroad or the most practical route by private conveyance. The
3-27 defendant shall also pay all necessary and reasonable expenses for
4-1 meals and lodging incurred by the officer in the performance of
4-2 services under this subsection, to the extent such expenses meet
4-3 the requirements of Section 611.001, Government Code. This
4-4 subsection applies to:
4-5 (1) conveying a prisoner after conviction to the
4-6 county jail;
4-7 (2) conveying a prisoner arrested on a warrant or
4-8 capias issued in another county to the court or jail of the county;
4-9 and
4-10 (3) traveling to execute criminal process, to summon
4-11 or attach a witness, and to execute process not otherwise described
4-12 by this article.
4-13 (e) [(c)] If an officer attaches a witness on the order of a
4-14 court outside the county, the defendant on conviction shall pay $10
4-15 per day or part of a day spent by the officer conveying the witness
4-16 and actual necessary expenses for travel by the most practical
4-17 public conveyance. In order to receive expenses under this
4-18 subsection, the officer must make a sworn statement of the expenses
4-19 and the judge issuing the attachment must approve the statement.
4-20 (f) [(d)] A defendant on conviction shall pay for the
4-21 services of a sheriff or constable who serves process and attends
4-22 an examining trial in a felony or a misdemeanor case the same fees
4-23 allowed for those services in the trial of a felony or a
4-24 misdemeanor, not to exceed $5.
4-25 (g) [(e)] A fee under Subsection (b)(1) or (b)(2) [(a)(1) or
4-26 (a)(2)] of this article shall be assessed [on conviction,
4-27 regardless of whether the defendant was also arrested at the same
5-1 time for another offense, and shall be assessed] for each arrest
5-2 made of a defendant arising out of the incident [offense] for which
5-3 the defendant has been arrested [convicted].
5-4 (h) [(f)] The custodian of a municipal or county treasury
5-5 who receives fees imposed under this article for services performed
5-6 by peace officers employed by the state shall forward the fees to
5-7 the comptroller of public accounts by the last day of the month
5-8 following each calendar quarter after deducting four-fifths of the
5-9 amount of each fee received for a service performed under
5-10 Subsection (b)(1) [(a)(1)] or (b)(2) [(a)(2)] of this article, in a
5-11 manner directed by the comptroller. The municipality or county may
5-12 retain all interest earned on those funds.
5-13 (i) [(g)] The custodian of a municipal or county treasury
5-14 shall keep a record of the amount of fees he collects under this
5-15 article for services performed by peace officers employed by the
5-16 state. If a custodian does not collect any fees described by this
5-17 subsection during a calendar quarter, the custodian shall file a
5-18 report with the comptroller of public accounts on the last day of
5-19 that quarter stating that the custodian did not collect any fees
5-20 described by this subsection during that quarter.
5-21 (j) [(h)] The comptroller of public accounts shall credit
5-22 fees received under Subsection (h) [(f)] of this article to the
5-23 general revenue fund.
5-24 (k) [(i)] In addition to fees provided by Subsections (a)
5-25 through (i) [(g)] of this article, a defendant required to pay fees
5-26 under this article on conviction shall also pay the costs of
5-27 overtime paid to a peace officer for time spent testifying in the
6-1 trial of the case or for traveling to or from testifying in the
6-2 trial of the case.
6-3 SECTION 2. The change in law made by this Act applies only
6-4 to fees for services performed by a peace officer on or after the
6-5 effective date of this Act. Fees for services performed by a peace
6-6 officer before the effective date of this Act are covered by the
6-7 law in effect when the services were performed, and the former law
6-8 is continued in effect for that purpose.
6-9 SECTION 3. This Act takes effect September 1, 1999.
6-10 SECTION 4. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.