By:  Shapleigh                                         S.B. No. 827
         99S0214/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the fees paid by defendants in certain cases.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3                 SECTION 1.  Subsection (a), Article 102.011, Code of
 1-4     Criminal Procedure, is amended to read as follows:
 1-5           (a)  A defendant [convicted of a felony or a misdemeanor]
 1-6     shall pay the following fees for services performed in the case by
 1-7     a peace officer:
 1-8                 (1)  $5 for issuing a written notice to appear in court
 1-9     following the defendant's violation of a traffic law, municipal
1-10     ordinance, or penal law of this state, or for making an arrest
1-11     without a warrant; provided, however, that the $5 fee shall be
1-12     refunded to a defendant who is not convicted in the case;
1-13                 (2)  $35 for executing or processing an issued arrest
1-14     warrant or capias because of the defendant's failure to set the
1-15     case for court or to appear in court at the scheduled time; this
1-16     [with the] fee is imposed for the services of:
1-17                       (A)  the law enforcement agency that executed the
1-18     arrest warrant or capias, if the agency requests of the court, not
1-19     later than the 15th day after the date of the execution of the
1-20     arrest warrant or capias, the imposition of the fee [on
1-21     conviction]; or
1-22                       (B)  the law enforcement agency that processed
1-23     the arrest warrant or capias, if the executing law enforcement
1-24     agency failed to request the fee within the period required by
 2-1     Paragraph (A) of this subdivision;
 2-2                 (3)  $5 for summoning a witness;
 2-3                 (4)  $35 for serving a writ not otherwise listed in
 2-4     this article;
 2-5                 (5)  $10 for taking and approving a bond and, if
 2-6     necessary, returning the bond to the courthouse;
 2-7                 (6)  $5 for commitment or release;
 2-8                 (7)  $5 for summoning a jury, if a jury is summoned;
 2-9     and
2-10                 (8)  $8 for each day's attendance of a prisoner in a
2-11     habeas corpus case if the prisoner has been remanded to custody or
2-12     held to bail.
2-13           SECTION 2.  This Act takes effect September 1, 1999.
2-14           SECTION 3.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.