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.