By West S.B. No. 1208
77R8802 T
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 or more
1-21 than $500.
1-22 (4) [(3)] $40 [$17] as a court cost on conviction of
1-23 any offense punishable by fine only, other than an offense
1-24 described by Subdivision (3)(A) [(2)(D)], or (3)(B) of this
2-1 subsection.
2-2 (b) Subsection (a) does not apply to a person convicted
2-3 under Subtitle C, Title 7, Transportation Code, if the person is
2-4 convicted of a provision of that subtitle regulating pedestrians or
2-5 the parking of a motor vehicle.
2-6 (c) An officer collecting a cost due under this article in a
2-7 case in municipal court shall keep separate records of the money
2-8 collected and shall deposit the money in the municipal treasury.
2-9 (d) An officer collecting a cost due under this article in a
2-10 justice, county, or district court shall keep separate records of
2-11 the money collected and shall deposit the money in the county
2-12 treasury.
2-13 (e) An officer collecting a cost due under this article
2-14 shall file the report required by Article 103.005. If no money due
2-15 as a cost under this article is collected in any quarter, the
2-16 report required for that quarter shall be filed in the regular
2-17 manner, and the report shall state that no money due under this
2-18 article was collected.
2-19 (f) The custodian of money in a municipal or county treasury
2-20 may deposit money collected under this article in an
2-21 interest-bearing account. The custodian shall:
2-22 (1) keep records of the amount of money collected
2-23 under this article that is on deposit in the treasury; and
2-24 (2) not later than the last day of the month following
2-25 each calendar quarter, remit to the comptroller money collected
2-26 under this article during the preceding quarter, as required by the
2-27 comptroller.
3-1 (g) A municipality or county may retain 10 percent of the
3-2 money collected under this article as a service fee for the
3-3 collection if the municipality or county remits the funds to the
3-4 comptroller within the period prescribed in Subsection (f). The
3-5 municipality or county may retain any interest accrued on the money
3-6 if the custodian of the money deposited in the treasury keeps
3-7 records of the amount of money collected under this article that is
3-8 on deposit in the treasury and remits the funds to the comptroller
3-9 within the period prescribed in Subsection (f).
3-10 (h) The comptroller shall deposit money received under this
3-11 article to the credit of the following accounts in the general
3-12 revenue fund according to the specified percentages:
3-13 NAME OF ACCOUNT PERCENTAGE
3-14 abused children's counseling 0.0085% [0.02%]
3-15 crime stoppers assistance 0.25% [0.6%]
3-16 breath alcohol testing 0.54% [1.28%]
3-17 Bill Blackwood Law Enforcement
3-18 Management Institute 2.14% [5.04%]
3-19 law enforcement officers standards
3-20 and education 4.94% [11.63%]
3-21 comprehensive rehabilitation 5.25% [12.37%]
3-22 operator's and chauffeur's license 11% [25.9%]
3-23 criminal justice planning 12.4% [29.18%]
3-24 crime victims compensation 38.12%
3-25 fugitive apprehension 12.5%
3-26 judicial and court personnel training 5%
3-27 Prairie View A&M Juvenile Delinquency Program 0.62%
4-1 (i) Of each dollar credited to the law enforcement officers
4-2 standards and education account under Subsection (h):
4-3 (1) $.333 may be used only to pay administrative
4-4 expenses; and
4-5 (2) the remainder may be used only to pay expenses
4-6 related to continuing education for persons licensed under Chapter
4-7 415, Government Code.
4-8 (j) Money collected under this article is subject to audit
4-9 by the comptroller. Money spent is subject to audit by the state
4-10 auditor.
4-11 (k) Except for a conviction in a municipal court or as
4-12 otherwise provided by this article, Chapter 103 applies to the
4-13 collection of a cost under this article.
4-14 (l) In this article:
4-15 (1) court costs are due from the person regardless of
4-16 whether the person submitted a specimen of breath or blood for
4-17 analysis; and
4-18 (2) a person is considered to have been convicted in a
4-19 case if:
4-20 (A) a sentence is imposed;
4-21 (B) the person receives community supervision or
4-22 deferred adjudication; or
4-23 (C) the court defers final disposition of the
4-24 case.
4-25 (m) In addition to the cost on conviction imposed by
4-26 Subsection (a)(1) and (a)(2) [(a)], a person convicted of an
4-27 offense described by Subsection (a)(1) and (a)(2) [(a)] shall pay
5-1 25 cents on conviction of the offense. The comptroller shall
5-2 deposit money received under this subsection to the credit of an
5-3 account in the state treasury to be used only for the establishment
5-4 and operation of the Center for the Study and Prevention of
5-5 Juvenile Crime and Delinquency at Prairie View A&M University.
5-6 Subsection (h) does not apply to money received under this
5-7 subsection.
5-8 SECTION 2. Article 56.55, Texas Code of Criminal Procedure is
5-9 amended to read as follows:
5-10 (a) A person shall pay:
5-11 (1) $45 as a court cost on conviction of a felony;
5-12 (2) $35 as a court cost on conviction [of a violation
5-13 of a municipal ordinance punishable by a fine of more than $200 or
5-14 a conviction] of a misdemeanor prosecuted in a justice or county
5-15 court punishable by imprisonment or by a fine of more than $500; or
5-16 (3) $15 as a court cost on conviction [of a violation
5-17 of a municipal ordinance punishable by a fine of not more than $200
5-18 or on conviction] of a misdemeanor prosecuted in a justice or
5-19 county court punishable by a fine of not more than $500, [other
5-20 than a conviction of a misdemeanor offense or a violation of a
5-21 municipal ordinance relating to pedestrians and the parking of
5-22 motor vehicles].
5-23 (b) The court shall assess and make a reasonable effort to
5-24 collect the cost due under this article whether any other court
5-25 cost is assessed and collected.
5-26 (c) In this article, a person is considered to have been
5-27 convicted if:
6-1 (1) a sentence is imposed;
6-2 (2) the defendant receives probation or deferred
6-3 adjudication; or
6-4 (3) the court defers final disposition of the case.
6-5 (d) Court costs under this article are collected in the same
6-6 manner as other fines or costs.
6-7 SECTION 3. Article 56.50, Texas Code of Criminal Procedure
6-8 is amended to read as follows:
6-9 (a) [The officer collecting the costs in a municipal court
6-10 case shall keep separate records of the funds collected as costs
6-11 under Article 56.55 and shall deposit the funds in the municipal
6-12 treasury.] The officer collecting the cost in a justice, county,
6-13 or district court case shall keep separate records of the funds
6-14 collected as costs under Article 56.55 and shall deposit the funds
6-15 in the county treasury.
6-16 (b) The custodian of a [municipal or] county treasury shall:
6-17 (1) keep records of the amount of funds on deposit
6-18 collected under Article 56.55; and
6-19 (2) send to the comptroller before the last day of the
6-20 first month following each calendar quarter the funds collected
6-21 during the preceding quarter.
6-22 (c) A [municipality or] county may retain 10 percent of the
6-23 funds collected under Article 56.55 as a collection fee if the
6-24 custodian of the treasury:
6-25 (1) keeps records of the amount of funds on deposit
6-26 collected under Article 56.66; and
6-27 (2) sends to the comptroller the funds within the
7-1 period prescribed by Subsection (b)(2);
7-2 (d) If no funds due as costs under Article 56.56 are
7-3 collected by a custodian of a [municipal or] county treasury in a
7-4 quarter, the custodian shall file the report required for the
7-5 quarter in the regular manner and must state that no funds were
7-6 collected.
7-7 SECTION 4. Article 102.019, Texas Code of Criminal Procedure
7-8 is amended to read as follows:
7-9 (a) A person shall pay $5 as a court cost on conviction of:
7-10 (1) a felony; or
7-11 (2) a misdemeanor, prosecuted in a justice or county
7-12 court [including a criminal violation of a municipal ordinance,
7-13 other than a conviction for an offense relating to pedestrians or
7-14 the parking of a motor vehicle].
7-15 (b) The court shall assess and make a reasonable effort to
7-16 collect the cost due under this article whether or not any other
7-17 court cost is assessed or collected.
7-18 (c) For purposes of this article, a person is considered to
7-19 have been convicted if:
7-20 (1) a sentence is imposed;
7-21 (2) the defendant receives community supervision or
7-22 deferred adjudication; or
7-23 (3) the court defers final disposition of the case.
7-24 (d) Court costs under this article are collected in the same
7-25 manner as other fines or costs. An officer collecting the costs
7-26 shall keep separate records of the funds collected as costs under
7-27 this article and shall deposit the funds in the county [or
8-1 municipal] treasury, as appropriate.
8-2 (e) The custodian of a county [or municipal] treasury shall:
8-3 (1) keep records of the amount of funds on deposit
8-4 collected under this article; and
8-5 (2) send to the comptroller before the last day of the
8-6 first month following each calendar quarter the funds collected
8-7 under this article during the preceding quarter.
8-8 (f) A county [or municipality] may retain 10 percent of the
8-9 funds collected under this article by an officer of the county [or
8-10 municipality] as a collection fee if the custodian of the county
8-11 [or municipal] treasury complies with Subsection (e).
8-12 (g) If no funds due as costs under this article are
8-13 deposited in a county [or municipal] treasury in a calendar
8-14 quarter, the custodian of the treasury shall file the report
8-15 required for the quarter in the regular manner and must state that
8-16 no funds were collected.
8-17 (h) The comptroller shall deposit the funds received under
8-18 this article to the credit of the fugitive apprehension account in
8-19 the general revenue fund.
8-20 (j) Funds collected under this article are subject to audit
8-21 by the comptroller.
8-22 SECTION 5. Section 56.001, Texas Government Code is amended
8-23 to read as follows:
8-24 (a) The judicial and court personnel training fund is
8-25 created in the state treasury and shall be administered by the
8-26 court of criminal appeals. This subsection does not apply for
8-27 criminal cases prosecuted in municipal court.
9-1 (b) In addition to other court costs, a person shall pay $2
9-2 as a court cost on conviction of any criminal offense, including
9-3 cases in which probation or deferred adjudication is granted or in
9-4 which final disposition in the case is deferred. A conviction that
9-5 arises under Chapter 521, Transportation Code, or a conviction
9-6 under Subtitle C, Title 7, Transportation Code, is included, except
9-7 that a conviction arising under any law that regulates pedestrians
9-8 or the parking of motor vehicles is not included.
9-9 (c) Court costs due under this section shall be collected in
9-10 the same manner as other fines or costs are collected in the case.
9-11 [(d) The officer collecting the costs in municipal court
9-12 shall keep separate records of the funds collected as costs under
9-13 this section and shall deposit the funds in the municipal
9-14 treasury.]
9-15 (d) [(e)] The officer collecting the costs and fees in
9-16 justice, county, and district courts shall keep separate records of
9-17 the funds collected under this section and shall deposit the funds
9-18 in the county treasury.
9-19 (e) [(f)] Each officer collecting court costs under this
9-20 section shall file the reports required under Section 103.005, Code
9-21 of Criminal Procedure. If no funds due as costs under this section
9-22 have been collected in any quarter, the report required for each
9-23 quarter shall be filed in the regular manner, and the report must
9-24 state that no funds under this section were collected.
9-25 (f) [(g)] The custodian[s] of the [municipal and] county
9-26 treasury [treasuries] shall keep records of the amount of funds on
9-27 deposit collected under this section and shall send to the
10-1 comptroller of public accounts not later than the last day of the
10-2 month following each calendar quarter the funds collected under
10-3 this section during the preceding quarter. A [municipality or]
10-4 county may retain as a collection fee 10 percent of the funds
10-5 collected under this section and may also retain all interest
10-6 accrued on the funds if the custodian of the treasury keeps records
10-7 of the amount of funds on deposit collected under this section and
10-8 remits the funds to the comptroller within the period prescribed in
10-9 this subsection. Funds collected are subject to audit by the
10-10 comptroller and funds expended are subject to audit by the state
10-11 auditor.
10-12 (g) [(h)] The comptroller shall deposit the funds received
10-13 under this section in the judicial and court personnel training
10-14 fund.
10-15 (h) [(i)] On requisition of the court of criminal appeals,
10-16 the comptroller shall draw a warrant on the fund for the amount
10-17 specified in the requisition for a use authorized in Section
10-18 56.003. A warrant may not exceed the amount appropriated for any
10-19 one fiscal year. At the end of each state fiscal year, any
10-20 unexpended balance in the fund in excess of $500,000 shall be
10-21 transferred to the general revenue fund.
10-22 SECTION 6. Section 51.921(c), Texas Government Code is
10-23 amended as follows:
10-24 (c) The custodian of the county or municipal treasury, as
10-25 appropriate, shall keep a record of the amount of money and deposit
10-26 collected under this section and shall send 50 percent of the fees
10-27 collected under this section to the comptroller at least as
11-1 frequently as quarterly [monthly]. The comptroller shall deposit
11-2 the fees received to the credit of the general revenue fund.
11-3 SECTION 7. This Act takes effect immediately if it receives
11-4 a vote of two-thirds of all the members elected to each house, as
11-5 provided by Section 39, Article III, Texas Constitution. If this
11-6 Act does not receive the vote necessary for immediate effect, this
11-7 Act takes effect September 1, 2001.