By Thompson H.B. No. 2733
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to court costs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 102.075, Texas Code of Criminal Procedure
1-5 is amended to read as follows:
1-6 (a) Except as provided by Subsection (b), a person convicted
1-7 of an offense shall pay, in addition to all other costs:
1-8 (1) $80 as a court cost on conviction of:
1-9 (A) a felony; or
1-10 (B) an offense punishable by imprisonment or
1-11 confinement in jail for a term of more than one year;
1-12 (2) $40 as a court cost on conviction of:
1-13 (A) a Class A misdemeanor;
1-14 (B) a Class B misdemeanor;
1-15 (C) an offense punishable by confinement in jail
1-16 for a term of not more than one year; or
1-17 (3) $83 as a court cost on conviction of:
1-18 (A) a municipal ordinance punishable by a fine
1-19 of more than $200 [$500]; or
1-20 (B) a misdemeanor punishable by a fine of more
1-21 than $500.
1-22 (4) [(3)] $40 [$17] as a court cost on conviction of
2-1 any offense punishable by fine only, other than an offense
2-2 described by Subdivision (3)(A) [(2)(D)], or (3)(B) of this
2-3 subsection.
2-4 (b) Subsection (a) does not apply to a person convicted
2-5 under Subtitle C, Title 7, Transportation Code, if the person is
2-6 convicted of a provision of that subtitle regulating pedestrians or
2-7 the parking of a motor vehicle.
2-8 (c) An officer collecting a cost due under this article in a
2-9 case in municipal court shall keep separate records of the money
2-10 collected and shall deposit the money in the municipal treasury.
2-11 (d) An officer collecting a cost due under this article in a
2-12 justice, county, or district court shall keep separate records of
2-13 the money collected and shall deposit the money in the county
2-14 treasury.
2-15 (e) An officer collecting a cost due under this article
2-16 shall file the report required by Article 103.005. If no money due
2-17 as a cost under this article is collected in any quarter, the
2-18 report required for that quarter shall be filed in the regular
2-19 manner, and the report shall state that no money due under this
2-20 article was collected.
2-21 (f) The custodian of money in a municipal or county treasury
2-22 may deposit money collected under this article in an
2-23 interest-bearing account. The custodian shall:
2-24 (1) keep records of the amount of money collected
2-25 under this article that is on deposit in the treasury; and
2-26 (2) not later than the last day of the month following
3-1 each calendar quarter, remit to the comptroller money collected
3-2 under this article during the preceding quarter, as required by the
3-3 comptroller.
3-4 (g) A municipality or county may retain 10 percent of the
3-5 money collected under this article as a service fee for the
3-6 collection if the municipality or county remits the funds to the
3-7 comptroller within the period prescribed in Subsection (f). The
3-8 municipality or county may retain any interest accrued on the money
3-9 if the custodian of the money deposited in the treasury keeps
3-10 records of the amount of money collected under this article that is
3-11 on deposit in the treasury and remits the funds to the comptroller
3-12 within the period prescribed in Subsection (f).
3-13 (h) The comptroller shall deposit money received under this
3-14 article to the credit of the following accounts in the general
3-15 revenue fund according to the specified percentages:
3-16 NAME OF ACCOUNT PERCENTAGE
3-17 abused children's counseling 0.0085% [0.02%]
3-18 crime stoppers assistance 0.25% [0.6%]
3-19 breath alcohol testing 0.54% [1.28%]
3-20 Bill Blackwood Law Enforcement
3-21 Management Institute 2.14% [5.04%]
3-22 law enforcement officers standards
3-23 and education 4.94% [11.63%]
3-24 comprehensive rehabilitation 5.25% [12.37%]
3-25 operator's and chauffeur's license 11% [25.9%]
3-26 criminal justice planning 12.4% [29.18%]
4-1 crime victims compensation 38.12%
4-2 fugitive apprehension 12.5%
4-3 judicial and court personnel training 5%
4-4 Prairie View A&M Juvenile Delinquency Program 0.62%
4-5 (i) Of each dollar credited to the law enforcement officers
4-6 standards and education account under Subsection (h):
4-7 (1) $.333 may be used only to pay administrative
4-8 expenses; and
4-9 (2) the remainder may be used only to pay expenses
4-10 related to continuing education for persons licensed under Chapter
4-11 415, Government Code.
4-12 (j) Money collected under this article is subject to audit
4-13 by the comptroller. Money spent is subject to audit by the state
4-14 auditor.
4-15 (k) Except for a conviction in a municipal court or as
4-16 otherwise provided by this article, Chapter 103 applies to the
4-17 collection of a cost under this article.
4-18 (l) In this article:
4-19 (1) court costs are due from the person regardless of
4-20 whether the person submitted a specimen of breath or blood for
4-21 analysis; and
4-22 (2) a person is considered to have been convicted in a
4-23 case if:
4-24 (A) a sentence is imposed;
4-25 (B) the person receives community supervision or
4-26 deferred adjudication; or
5-1 (C) the court defers final disposition of the
5-2 case.
5-3 (m) In addition to the cost on conviction imposed by
5-4 Subsection (a)(1) and (a)(2) [(a)], a person convicted of an
5-5 offense described by Subsection (a)(1) and (a)(2) [(a)] shall pay
5-6 25 cents on conviction of the offense. The comptroller shall
5-7 deposit money received under this subsection to the credit of an
5-8 account in the state treasury to be used only for the establishment
5-9 and operation of the Center for the Study and Prevention of
5-10 Juvenile Crime and Delinquency at Prairie View A&M University.
5-11 Subsection (h) does not apply to money received under this
5-12 subsection.
5-13 SECTION 2. Article 56.55, Texas Code of Criminal Procedure is
5-14 amended to read as follows:
5-15 (a) A person shall pay:
5-16 (1) $45 as a court cost on conviction of a felony;
5-17 (2) $35 as a court cost on conviction [of a violation
5-18 of a municipal ordinance punishable by a fine of more than $200 or
5-19 a conviction] of a misdemeanor prosecuted in a justice or county
5-20 court punishable by imprisonment or by a fine of more than $500; or
5-21 (3) $15 as a court cost on conviction [of a violation
5-22 of a municipal ordinance punishable by a fine of not more than $200
5-23 or on conviction] of a misdemeanor prosecuted in a justice or
5-24 county court punishable by a fine of not more than $500, [other
5-25 than a conviction of a misdemeanor offense or a violation of a
5-26 municipal ordinance relating to pedestrians and the parking of
6-1 motor vehicles.]
6-2 (b) The court shall assess and make a reasonable effort to
6-3 collect the cost due under this article whether any other court
6-4 cost is assessed and collected.
6-5 (c) In this article, a person is considered to have been
6-6 convicted if:
6-7 (1) a sentence is imposed;
6-8 (2) the defendant receives probation or deferred
6-9 adjudication; or
6-10 (3) the court defers final disposition of the case.
6-11 (d) Court costs under this article are collected in the same
6-12 manner as other fines or costs.
6-13 SECTION 3. Article 56.50, Texas Code of Criminal Procedure
6-14 is amended to read as follows:
6-15 (a) [The officer collecting the costs in a municipal court
6-16 case shall keep separate records of the funds collected as costs
6-17 under Article 56.55 and shall deposit the funds in the municipal
6-18 treasury.] The officer collecting the cost in a justice, county,
6-19 or district court case shall keep separate records of the funds
6-20 collected as costs under Article 56.55 and shall deposit the funds
6-21 in the county treasury.
6-22 (b) The custodian of a [municipal or] county treasury shall:
6-23 (1) keep records of the amount of funds on deposit
6-24 collected under Article 56.55; and
6-25 (2) send to the comptroller before the last day of the
6-26 first month following each calendar quarter the funds collected
7-1 during the preceding quarter.
7-2 (c) A [municipality or] county may retain 10 percent of the
7-3 funds collected under Article 56.55 as a collection fee if the
7-4 custodian of the treasury:
7-5 (1) keeps records of the amount of funds on deposit
7-6 collected under Article 56.66; and
7-7 (2) sends to the comptroller the funds within the
7-8 period prescribed by Subsection (b)(2);
7-9 (d) If no funds due as costs under Article 56.56 are
7-10 collected by a custodian of a [municipal or] county treasury in a
7-11 quarter, the custodian shall file the report required for the
7-12 quarter in the regular manner and must state that no funds were
7-13 collected.
7-14 SECTION 4. Article 102.019, Texas Code of Criminal Procedure
7-15 is amended to read as follows:
7-16 (a) A person shall pay $5 as a court cost on conviction of:
7-17 (1) a felony; or
7-18 (2) a misdemeanor, prosecuted in a justice or county
7-19 court [including a criminal violation of a municipal ordinance,
7-20 other than a conviction for an offense relating to pedestrians or
7-21 the parking of a motor vehicle].
7-22 (b) The court shall assess and make a reasonable effort to
7-23 collect the cost due under this article whether or not any other
7-24 court cost is assessed or collected.
7-25 (c) For purposes of this article, a person is considered to
7-26 have been convicted if:
8-1 (1) a sentence is imposed;
8-2 (2) the defendant receives community supervision or
8-3 deferred adjudication; or
8-4 (3) the court defers final disposition of the case.
8-5 (d) Court costs under this article are collected in the same
8-6 manner as other fines or costs. An officer collecting the costs
8-7 shall keep separate records of the funds collected as costs under
8-8 this article and shall deposit the funds in the county [or
8-9 municipal] treasury, as appropriate.
8-10 (e) The custodian of a county [or municipal] treasury shall:
8-11 (1) keep records of the amount of funds on deposit
8-12 collected under this article; and
8-13 (2) send to the comptroller before the last day of the
8-14 first month following each calendar quarter the funds collected
8-15 under this article during the preceding quarter.
8-16 (f) A county [or municipality] may retain 10 percent of the
8-17 funds collected under this article by an officer of the county [or
8-18 municipality] as a collection fee if the custodian of the county
8-19 [or municipal] treasury complies with Subsection e.
8-20 (g) If no funds due as costs under this article are
8-21 deposited in a county [or municipal] treasury in a calendar
8-22 quarter, the custodian of the treasury shall file the report
8-23 required for the quarter in the regular manner and must state that
8-24 no funds were collected.
8-25 (h) The comptroller shall deposit the funds received under
8-26 this article to the credit of the fugitive apprehension account in
9-1 the general revenue fund.
9-2 (j) Funds collected under this article are subject to audit
9-3 by the comptroller.
9-4 SECTION 5. Section 56.001, Texas Government Code is amended
9-5 to read as follows:
9-6 (a) The judicial and court personnel training fund is
9-7 created in the state treasury and shall be administered by the
9-8 court of criminal appeals. This subsection does not apply for
9-9 criminal cases prosecuted in municipal court.
9-10 (b) In addition to other court costs, a person shall pay $2
9-11 as a court cost on conviction of any criminal offense, including
9-12 cases in which probation or deferred adjudication is granted or in
9-13 which final disposition in the case is deferred. A conviction that
9-14 arises under Chapter 521, Transportation Code, or a conviction
9-15 under Subtitle C, Title 7, Transportation Code, is included, except
9-16 that a conviction arising under any law that regulates pedestrians
9-17 or the parking of motor vehicles is not included.
9-18 (c) Court costs due under this section shall be collected in
9-19 the same manner as other fines or costs are collected in the case.
9-20 [(d) The officer collecting the costs in municipal court
9-21 shall keep separate records of the funds collected as costs under
9-22 this section and shall deposit the funds in the municipal
9-23 treasury.]
9-24 (d) [(e)] The officer collecting the costs and fees in
9-25 justice, county, and district courts shall keep separate records of
9-26 the funds collected under this section and shall deposit the funds
10-1 in the county treasury.
10-2 (e) [(f)] Each officer collecting court costs under this
10-3 section shall file the reports required under Section 103.005, Code
10-4 of Criminal Procedure. If no funds due as costs under this section
10-5 have been collected in any quarter, the report required for each
10-6 quarter shall be filed in the regular manner, and the report must
10-7 state that no funds under this section were collected.
10-8 (f) [(g)] The custodian[s] of the [municipal and] county
10-9 treasury [treasuries] shall keep records of the amount of funds on
10-10 deposit collected under this section and shall send to the
10-11 comptroller of public accounts not later than the last day of the
10-12 month following each calendar quarter the funds collected under
10-13 this section during the preceding quarter. A [municipality or]
10-14 county may retain as a collection fee 10 percent of the funds
10-15 collected under this section and may also retain all interest
10-16 accrued on the funds if the custodian of the treasury keeps records
10-17 of the amount of funds on deposit collected under this section and
10-18 remits the funds to the comptroller within the period prescribed in
10-19 this subsection. Funds collected are subject to audit by the
10-20 comptroller and funds expended are subject to audit by the state
10-21 auditor.
10-22 (g) [(h)] The comptroller shall deposit the funds received
10-23 under this section in the judicial and court personnel training
10-24 fund.
10-25 (h) [(i)] On requisition of the court of criminal appeals,
10-26 the comptroller shall draw a warrant on the fund for the amount
11-1 specified in the requisition for a use authorized in Section
11-2 56.003. A warrant may not exceed the amount appropriated for any
11-3 one fiscal year. At the end of each state fiscal year, any
11-4 unexpended balance in the fund in excess of $500,000 shall be
11-5 transferred to the general revenue fund.
11-6 SECTION 6. Section 51.921(c), Texas Government Code is
11-7 amended as follows:
11-8 (c) The custodian of the county or municipal treasury, as
11-9 appropriate, shall keep a record of the amount of money and deposit
11-10 collected under this section and shall send 50 percent of the fees
11-11 collected under this section to the comptroller at least as
11-12 frequently as quarterly [monthly]. The comptroller shall deposit
11-13 the fees received to the credit of the general revenue fund.
11-14 SECTION 7. This Act takes effect immediately if it receives
11-15 a vote of two-thirds of all the members elected to each house, as
11-16 provided by Section 39, Article III, Texas Constitution. If this
11-17 Act does not receive the vote necessary for immediate effect, this
11-18 Act takes effect September 1, 2001.