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.