By Goodman                                             H.B. No. 598
         77R3403 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to fees and funds used in the operation of community
 1-3     supervision and corrections departments.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 19(a), Article 42.12, Code of Criminal
 1-6     Procedure, is amended to read as follows:
 1-7           (a)  Except as otherwise provided by this subsection, a judge
 1-8     granting community supervision shall fix a fee of not less than $25
 1-9     and not more than $60 [$40] per month to be paid to the court by
1-10     the defendant during the community supervision period.  The judge
1-11     may make payment of the fee a condition of granting or continuing
1-12     the community supervision.  The judge may waive or reduce the fee
1-13     or suspend a monthly payment of the fee if the judge determines
1-14     that payment of the fee would cause the defendant a significant
1-15     financial hardship.
1-16           SECTION 2. Section 509.011(a), Government Code, is amended to
1-17     read as follows:
1-18           (a)  If the division determines that a department complies
1-19     with  division standards and if the department or judges managing
1-20     the department have submitted a community justice plan under
1-21     Section 76.003 and the supporting information required by the
1-22     division and the division determines the plan and supporting
1-23     information are acceptable, the division shall prepare and submit
1-24     to the comptroller vouchers for payment to the department as
 2-1     follows:
 2-2                 (1)  for per capita funding, a per diem amount for each
 2-3     felony defendant directly supervised by the department pursuant to
 2-4     lawful authority;
 2-5                 (2)  for per capita funding, a per diem amount for a
 2-6     period not to exceed two years [182 days] for each defendant
 2-7     supervised by the department pursuant to lawful authority, other
 2-8     than a felony defendant; and
 2-9                 (3)  for formula funding, an annual amount as computed
2-10     by multiplying a percentage determined by the allocation formula
2-11     established under Subsection (f) times the total amount provided in
2-12     the General Appropriations Act for payments under this subdivision.
2-13           SECTION 3. This Act takes effect September 1, 2001.