By Junell H.B. No. 2739
76R1476 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition of a cost on certain convictions to fund
1-3 reward programs operated by a local crime stoppers organization.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 102.013, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 102.013. COURT COSTS; CRIME STOPPERS ASSISTANCE
1-8 ACCOUNT. (a) The legislature shall appropriate funds from the
1-9 crime stoppers assistance account to the Criminal Justice Division
1-10 of the Governor's Office. The Criminal Justice Division shall
1-11 distribute all of the funds in the account attributable to the
1-12 imposition of court costs under this article to crime stoppers
1-13 organizations. The Criminal Justice Division may use 10 percent of
1-14 the funds in the account other than funds attributable to the
1-15 imposition of court costs under this article [the funds] for the
1-16 operation of the toll-free telephone service under Section 414.012,
1-17 Government Code, and shall distribute the remainder of those [the]
1-18 funds only to crime stoppers organizations. The Criminal Justice
1-19 Division may adopt a budget and rules to implement the
1-20 distribution of [these] funds under this article.
1-21 (b) All funds distributed by the Criminal Justice Division
1-22 under Subsection (a) of this article are subject to audit by the
1-23 state auditor. All funds collected or distributed are subject to
1-24 audit by the Governor's Division of Planning Coordination.
2-1 (c) In this article, "crime stoppers organization" has the
2-2 meaning assigned by Section 414.001, Government Code.
2-3 (d) A person shall pay $1 as a court cost on conviction of a
2-4 misdemeanor punishable by fine only, including a criminal violation
2-5 of a municipal ordinance, other than a conviction for an offense
2-6 relating to pedestrians or the parking of a motor vehicle.
2-7 (e) The court shall assess and make a reasonable effort to
2-8 collect the cost due under this article whether or not any other
2-9 court cost is assessed or collected.
2-10 (f) For purposes of this article, a person is considered to
2-11 have been convicted if:
2-12 (1) a sentence is imposed;
2-13 (2) the defendant receives community supervision or
2-14 deferred adjudication; or
2-15 (3) the court defers final disposition of the case.
2-16 (g) Court costs under this article are collected in the same
2-17 manner as other fines or costs. An officer collecting the costs
2-18 shall keep separate records of the funds collected as costs under
2-19 this article and shall deposit the funds in the county or municipal
2-20 treasury, as appropriate.
2-21 (h) The custodian of a county or municipal treasury shall:
2-22 (1) keep records of the amount of funds on deposit
2-23 collected under this article; and
2-24 (2) send to the comptroller before the last day of the
2-25 first month following each calendar quarter the funds collected
2-26 under this article during the preceding quarter.
2-27 (i) A county or municipality may retain 10 percent of the
3-1 funds collected under this article by an officer of the county or
3-2 municipality as a collection fee if the custodian of the county or
3-3 municipal treasury complies with Subsection (h).
3-4 (j) If no funds due as costs under this article are
3-5 deposited in a county or municipal treasury in a calendar quarter,
3-6 the custodian of the treasury shall file the report required for
3-7 the quarter in the regular manner and must state that no funds were
3-8 collected.
3-9 (k) The comptroller shall deposit 45 percent of the funds
3-10 received under this article to the credit of the crime stoppers
3-11 assistance account in the general revenue fund and deposit 55
3-12 percent of the funds received under this article in the general
3-13 revenue fund.
3-14 (l) Costs imposed under this article are in addition to all
3-15 other costs due in a criminal case, including a cost imposed under
3-16 Article 102.075.
3-17 SECTION 2. Section 414.010(a), Government Code, is amended
3-18 to read as follows:
3-19 (a) A crime stoppers organization certified by the council
3-20 to receive money in the form of payments from defendants placed on
3-21 community supervision under Article 42.12, Code of Criminal
3-22 Procedure, or money in the form of repayments of rewards under
3-23 Articles 37.073 and 42.152, Code of Criminal Procedure, may use not
3-24 more than 10 percent of the money annually received to pay costs
3-25 incurred in administering the organization and shall use the
3-26 remainder of the money, including any interest earned on the money,
3-27 only to reward persons who report information concerning criminal
4-1 activity. A crime stoppers organization that receives funds from
4-2 the criminal justice division of the governor's office that are
4-3 designated by the division as being funds attributable to the
4-4 imposition of court costs under Article 102.013, Code of Criminal
4-5 Procedure, may use the funds only to reward persons who report
4-6 information concerning criminal activity. Not later than January
4-7 31 of each year, a crime stoppers organization that receives or
4-8 expends money under this section shall file a detailed report with
4-9 the council.
4-10 SECTION 3. (a) The change in law made by this Act applies
4-11 only to a cost on conviction for or a grant of deferred
4-12 adjudication or deferred disposition for an offense committed on or
4-13 after the effective date of this Act. For purposes of this
4-14 section, an offense is committed before the effective date of this
4-15 Act if any element of the offense occurs before the effective date.
4-16 (b) Costs associated with an offense committed before the
4-17 effective date of this Act are covered by the law in effect when
4-18 the offense was committed, and the former law is continued in
4-19 effect for that purpose.
4-20 SECTION 4. This Act takes effect September 1, 1999.
4-21 SECTION 5. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.