1-1 By: Corte (Senate Sponsor - Nelson) H.B. No. 2968
1-2 (In the Senate - Received from the House May 11, 1999;
1-3 May 12, 1999, read first time and referred to Committee on Criminal
1-4 Justice; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the fee imposed on certain criminal convictions for
1-9 records management and preservation services.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 102.005(f), Code of Criminal Procedure,
1-12 is amended to read as follows:
1-13 (f) A defendant convicted of an offense in a county court, a
1-14 county court at law, or a district court shall pay a fee of $20
1-15 [$10] for records management and preservation services performed by
1-16 the county as required by Chapter 203, Local Government Code. The
1-17 fee shall be collected and distributed by the clerk of the court in
1-18 the same manner as fees are collected and distributed under
1-19 Section 51.317(c), Government Code. The fee received by a county
1-20 shall be placed in a special fund to be called the records
1-21 management and preservation fund. The fee shall be used only for
1-22 records management and preservation purposes in the county as
1-23 required by Chapter 203, Local Government Code. No expenditures
1-24 may be made from this fund without prior approval of the
1-25 commissioners court.
1-26 SECTION 2. The change in law made by this Act applies only
1-27 to a defendant convicted of an offense committed on or after the
1-28 effective date of this Act. A defendant convicted of an offense
1-29 committed before the effective date of this Act is covered by the
1-30 law in effect when the offense was committed, and the former law is
1-31 continued in effect for that purpose. For purposes of this
1-32 section, an offense was committed before the effective date of this
1-33 Act if any element of the offense occurred before that date.
1-34 SECTION 3. This Act takes effect September 1, 1999.
1-35 SECTION 4. The importance of this legislation and the
1-36 crowded condition of the calendars in both houses create an
1-37 emergency and an imperative public necessity that the
1-38 constitutional rule requiring bills to be read on three several
1-39 days in each house be suspended, and this rule is hereby suspended.
1-40 * * * * *