By Carona                                              S.B. No. 163
         76R2639 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the fee paid by a defendant for the execution or
 1-3     processing of an arrest warrant or capias.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 102.011(a), Code of Criminal Procedure,
 1-6     is amended to read as follows:
 1-7           (a)  A defendant convicted of a felony or a misdemeanor shall
 1-8     pay the following fees for services performed in the case by a
 1-9     peace officer:
1-10                 (1)  $5 for issuing a written notice to appear in court
1-11     following the defendant's violation of a traffic law, municipal
1-12     ordinance, or penal law of this state, or for making an arrest
1-13     without a warrant;
1-14                 (2)  $50 [$35] for executing or processing an issued
1-15     arrest warrant or capias, with the fee imposed for the services of:
1-16                       (A)  the law enforcement agency that executed the
1-17     arrest warrant or capias, if the agency requests of the court, not
1-18     later than the 15th day after the date of the execution of the
1-19     arrest warrant or capias, the imposition of the fee on conviction;
1-20     or
1-21                       (B)  the law enforcement agency that processed
1-22     the arrest warrant or capias, if the executing law enforcement
1-23     agency failed to request the fee within the period required by
1-24     Paragraph (A) of this subdivision;
 2-1                 (3)  $5 for summoning a witness;
 2-2                 (4)  $35 for serving a writ not otherwise listed in
 2-3     this article;
 2-4                 (5)  $10 for taking and approving a bond and, if
 2-5     necessary, returning the bond to the courthouse;
 2-6                 (6)  $5 for commitment or release;
 2-7                 (7)  $5 for summoning a jury, if a jury is summoned;
 2-8     and
 2-9                 (8)  $8 for each day's attendance of a prisoner in a
2-10     habeas corpus case if the prisoner has been remanded to custody or
2-11     held to bail.
2-12           SECTION 2.  This Act takes effect September 1, 1999, and
2-13     applies only to a fee for executing or processing an arrest warrant
2-14     or capias initially issued on or after that date.  A fee for
2-15     executing or processing an arrest warrant or capias initially
2-16     issued before September 1, 1999, is covered by the law in effect
2-17     when the warrant or capias was issued, and the former law is
2-18     continued in effect for that purpose.
2-19           SECTION 3.  The importance of this legislation and the
2-20     crowded condition of the calendars in both houses create an
2-21     emergency and an imperative public necessity that the
2-22     constitutional rule requiring bills to be read on three several
2-23     days in each house be suspended, and this rule is hereby suspended.