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.