SRC-SEW H.B. 177 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 177
77R1091 QS-DBy: Luna, Vilma (Staples)
Intergovernmental Relations
4/26/2001
Engrossed


DIGEST AND PURPOSE 

The 76th Legislature authorized municipalities to establish a municipal
court technology fund to purchase computers, hardware, software, and docket
management systems with fees assessed as court costs. Many justice courts
are located outside courthouses and county seats and lack access to
technologies that allow courts to conduct business in a more efficient
manner. Establishing a technology fund for justice courts would enable them
to acquire the technology they need to upgrade at the rate of other courts.
H.B. 177 authorizes the commissioners court of a county to create a justice
court technology fund for technology-related purposes to be funded through
fees assessed as court costs.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 102A, Code of Criminal Procedure, by adding
Article 102.0173, as follows: 
 
Art. 102.0173.  COURT COSTS; JUSTICE COURT TECHNOLOGY FUND. (a) Authorizes
the commissioners court of a county by order to create a justice court
technology fund and to require a defendant convicted of a misdemeanor
offense in a justice court to pay a technology fee not to exceed $4 as a
cost of court. 

(b) Provides that, in this article, a person is considered convicted if a
sentence is imposed on the person or the court defers final disposition of
the person's case.  
 
(c)  Requires the justice court clerk to collect the costs and pay the
funds to the county treasurer, or to any other official who discharges the
duties commonly delegated to the county  treasurer, for deposit in a fund
to be known as the justice  court technology fund. 

(d)  Authorizes a fund designated by this article to be used only to
finance the purchase of technological enhancements for a justice court,
including certain types of enhancements.   
  
(e)  Requires the justice court technology fund to be administered by or
under the direction of the commissioners court of the county. 
 
  (f)  Provides that this article expires September 1, 2005.

SECTION 2. (a)  Effective date:  September 1, 2001.  
Provides that this Act applies only to a cost on conviction for an offense
committed on or after that date and before September 1, 2005.  Provides
that a cost on conviction  for an offense committed before September 1,
2005, in which the conviction is not entered until September 1, 2005, or
later is imposed in the same manner as if the conviction had been entered
before September 1, 2005, and notwithstanding Article 102.0173(f), Code of
Criminal Procedure, as added by this Act, the law is continued in effect
for that purpose. 
 
(b)  Provides that, for purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date, and an offense is committed on or after
September 1, 2005, if any element of the offense occurs on or after that
date.