1-1     By:  Armbrister                                       S.B. No. 1378
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Finance; April 24, 2001,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 10, Nays 0; April 24, 2001, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1378               By:  Zaffirini
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to criminal and civil fees.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subtitle C, Title 4, Local Government Code, is
1-12     amended by adding Chapter 133 to read as follows:
1-13      CHAPTER 133.  CRIMINAL AND CIVIL FEES PAYABLE TO THE COMPTROLLER
1-14                      SUBCHAPTER A.  GENERAL PROVISIONS
1-15           Sec. 133.001.  PURPOSE.  The purpose of this chapter is to
1-16     consolidate and standardize:
1-17                 (1)  the collection of fees in criminal and civil
1-18     matters by:
1-19                       (A)  an officer of a court for deposit in a
1-20     county or municipal treasury; or
1-21                       (B)  an officer of a county or municipality for
1-22     deposit in the county or municipal treasury, as appropriate;
1-23                 (2)  the remission of those fees to the comptroller as
1-24     required by this chapter and other law; and
1-25                 (3)  the distribution of those fees by the comptroller
1-26     to the proper accounts and funds in the state treasury.
1-27           Sec. 133.002.  DEFINITIONS.  In this chapter:
1-28                 (1)  "Fee" means:
1-29                       (A)  a criminal fee listed under Section 133.003;
1-30     and
1-31                       (B)  a civil fee listed under Section 133.004.
1-32                 (2)  "Indigent" means an individual who earns not more
1-33     than 125 percent of the income standard established by applicable
1-34     federal poverty guidelines.
1-35                 (3)  "Treasurer" means the custodian of money in a
1-36     municipal or county treasury, as appropriate.
1-37           Sec. 133.003.  CRIMINAL FEES.  This chapter applies to the
1-38     following criminal fees:
1-39                 (1)  the consolidated fee imposed under Section
1-40     133.102;
1-41                 (2)  the time payment fee imposed under Section
1-42     133.103;
1-43                 (3)  fees for services of peace officers employed by
1-44     the state imposed under Article 102.011, Code of Criminal
1-45     Procedure, and forwarded to the comptroller as provided by Section
1-46     133.104;
1-47                 (4)  costs on conviction imposed in certain statutory
1-48     county courts under Section 51.702, Government Code, and deposited
1-49     in the judicial fund;
1-50                 (5)  costs on conviction imposed in certain county
1-51     courts under Section 51.703, Government Code, and deposited in the
1-52     judicial fund;
1-53                 (6)  the administrative fee for failure to appear
1-54     imposed under Section 706.006, Transportation Code; and
1-55                 (7)  fines on conviction collected under Section
1-56     621.506(g), Transportation Code.
1-57           Sec. 133.004.  CIVIL FEES.  This chapter applies to the
1-58     following civil fees:
1-59                 (1)  the consolidated fee on filing in district courts
1-60     imposed under Section 133.151;
1-61                 (2)  the filing fee in courts other than district court
1-62     for basic civil legal services for indigents imposed under Section
1-63     133.152;
1-64                 (3)  the filing fees for the judicial fund imposed in
 2-1     certain statutory county courts under Section 51.702, Government
 2-2     Code;
 2-3                 (4)  the filing fees for the judicial fund imposed in
 2-4     certain county courts under Section 51.703, Government Code;
 2-5                 (5)  the filing fees for the judicial fund imposed in
 2-6     certain statutory probate courts under Section 51.704, Government
 2-7     Code;
 2-8                 (6)  birth certificate fees for the work and family
 2-9     policies fund collected under Section 118.015, Local Government
2-10     Code;
2-11                 (7)  marriage license fees for the family trust fund
2-12     collected under Section 118.018, Local Government Code; and
2-13                 (8)  marriage license or declaration of informal
2-14     marriage fees for the children's trust fund collected under Section
2-15     118.022, Local Government Code.
2-16              (Sections 133.005-133.050 reserved for expansion
2-17         SUBCHAPTER B.  REPORTING, COLLECTION, AND REMISSION OF FEES
2-18           Sec. 133.051.  COLLECTION AND REMISSION OF FEES.  A
2-19     municipality or county shall collect, record, account for, and
2-20     remit to the comptroller all state criminal and civil fees in the
2-21     manner provided by this subchapter.
2-22           Sec. 133.052.  DEPOSIT OF FEES.  (a)  An officer collecting a
2-23     fee in a case in municipal court shall deposit the money in the
2-24     municipal treasury.
2-25           (b)  An officer collecting a fee in a justice, county, or
2-26     district court shall deposit the money in the county treasury.
2-27           (c)  A municipal or county clerk collecting a fee shall
2-28     deposit the money in the municipal or county treasury, as
2-29     appropriate.
2-30           Sec. 133.053.  INTEREST-BEARING ACCOUNT.  (a)  The treasurer
2-31     may deposit fees in an interest-bearing account.
2-32           (b)  The municipality or county may retain any interest
2-33     accrued on the money the treasurer deposited in the treasury if the
2-34     treasurer remits the funds to the comptroller within the period
2-35     prescribed by Section 133.055.
2-36           Sec. 133.054.  RECORDS.  (a)  An officer or clerk collecting
2-37     a fee shall keep a record of the money collected.
2-38           (b)  The treasurer shall keep a record of the money collected
2-39     and that is on deposit in the treasury.
2-40           Sec. 133.055.  QUARTERLY REMISSION OF FEES TO THE
2-41     COMPTROLLER.  On or before the last day of the month following each
2-42     calendar quarter, the treasurer or custodian of the treasury for a
2-43     municipality or a county shall:
2-44                 (1)  remit to the comptroller the funds from all fees
2-45     collected during the preceding quarter; and
2-46                 (2)  submit to the comptroller the report required
2-47     under Section 133.056 for criminal fees and Section 133.057 for
2-48     civil fees.
2-49           Sec. 133.056.  QUARTERLY REPORT FOR CRIMINAL FEES.  (a)  On
2-50     the last day of the month following a calendar quarter, the
2-51     treasurer shall report the criminal fees collected for the
2-52     preceding calendar quarter.
2-53           (b)  For fees collected for convictions occurring on or after
2-54     January 1, 2002, a municipality or county shall report the fees
2-55     collected for a quarter categorized according to the class of
2-56     offense.
2-57           (c)  For fees collected for convictions occurring before
2-58     January 1, 2002, a municipality or county shall report the total of
2-59     fees collected for a quarter categorized according to the time
2-60     period collected.
2-61           Sec. 133.057.  QUARTERLY REPORT FOR CIVIL FEES.  On the last
2-62     day of the month following a calendar quarter, the treasurer shall
2-63     report the civil fees collected for the preceding calendar quarter.
2-64           Sec. 133.058.  PORTION OF FEE RETAINED.  (a)  Except as
2-65     provided by Subsection (b), a municipality or county may retain 10
2-66     percent of the money collected from fees as a service fee for the
2-67     collection if the municipality or county remits the funds to the
2-68     comptroller within the period prescribed by Section 133.055.
2-69           (b)  A municipality or county may retain an amount greater
 3-1     than 10 percent of the money collected from fees if retention of
 3-2     the greater amount is authorized by law.
 3-3           Sec. 133.059.  AUDIT.  The comptroller may audit the records
 3-4     of a county or municipality relating to fees collected under this
 3-5     chapter, and the money spent is subject to audit by the state
 3-6     auditor.
 3-7              (Sections 133.060-133.100 reserved for expansion
 3-8                        SUBCHAPTER C.  CRIMINAL FEES
 3-9           Sec. 133.101.  MEANING OF CONVICTION.  In this subchapter, a
3-10     person is considered to have been convicted in a case if:
3-11                 (1)  a judgment, a sentence, or both a judgment and a
3-12     sentence are imposed on the person;
3-13                 (2)  the person receives community supervision,
3-14     deferred adjudication, or deferred disposition; or
3-15                 (3)  the court defers final disposition of the case or
3-16     imposition of the judgment and sentence.
3-17           Sec. 133.102.  CONSOLIDATED FEES ON CONVICTION.  (a)  A
3-18     person convicted of an offense shall pay, in addition to all other
3-19     costs:
3-20                 (1)  $133.00 as a court cost on conviction of a felony;
3-21                 (2)  $83.00 as a court cost on conviction of a Class A
3-22     or B misdemeanor; or
3-23                 (3)  $40.00 as a court cost on conviction of a Class C
3-24     misdemeanor.
3-25           (b)  The fees under Subsection (a) shall be collected and
3-26     remitted to the comptroller in the manner provided by Subchapter B.
3-27           (c)  The money collected under this section for offenses on
3-28     or after January 1, 2002, shall be in the amounts distributed in
3-29     accordance with Subsection (a) and allocated according to the
3-30     percentages provided in Subsection (d).  If any new court costs are
3-31     added or the amounts changed under this section, the amounts in
3-32     Subsection (a) and the percentages in Subsection (d) shall change
3-33     accordingly.  The money collected for offenses before January 1,
3-34     2002, shall be distributed using historical data so that each
3-35     account or fund receives the same amount of money the account or
3-36     fund would have received if the fees for the accounts and funds had
3-37     been collected and reported separately.
3-38           (d)  The comptroller shall allocate the fees received under
3-39     this section to the following accounts and funds so that each
3-40     receives to the extent practicable, utilizing historical data as
3-41     applicable, the same amount of money the account or fund would have
3-42     received if the fees for the accounts and funds had been collected
3-43     and reported separately, except that in no event shall the account
3-44     or fund receive less than the following percentages:
3-45                 (1)  abused children's counseling, 0.0086 percent;
3-46                 (2)  crime stoppers assistance, 0.2582 percent;
3-47                 (3)  breath alcohol testing, 0.5509 percent;
3-48                 (4)  Bill Blackwood Law Enforcement Management
3-49     Institute of Texas, 2.1693 percent;
3-50                 (5)  law enforcement officers standards and education,
3-51     5.0055 percent;
3-52                 (6)  comprehensive rehabilitation, 5.3239 percent;
3-53                 (7)  operator's and chauffeur's license, 11.1473
3-54     percent;
3-55                 (8)  criminal justice planning, 12.5589 percent;
3-56                 (9)  an account in the state treasury to be used only
3-57     for the establishment and operation of the Center for the Study and
3-58     Prevention of Juvenile Crime and Delinquency at Prairie View A&M
3-59     University, 0.6036 percent;
3-60                 (10)  compensation to victims of crime fund, 38.2478
3-61     percent;
3-62                 (11)  fugitive apprehension account, 12.0727 percent;
3-63                 (12)  judicial and court personnel training fund,
3-64     4.8290 percent;
3-65                 (13)  misdemeanor-general revenue, 7.2243 percent; and
3-66                 (14)  an account in the state treasury to be used for
3-67     the establishment and operation of the Correctional Management
3-68     Institute of Texas and Criminal Justice Center account.
3-69           Sec. 133.103.  TIME PAYMENT FEE.  (a)  A person convicted of
 4-1     an offense shall pay, in addition to all other costs, a fee of $25
 4-2     if the person:
 4-3                 (1)  has been convicted of a felony or misdemeanor; and
 4-4                 (2)  pays any part of a fine, court costs, or
 4-5     restitution on or after the 31st day after the date on which a
 4-6     judgment is entered assessing the fine, court costs, or
 4-7     restitution.
 4-8           (b)  The treasurer shall send 50 percent of the fees
 4-9     collected under this section to the comptroller.  The comptroller
4-10     shall deposit the fees received to the credit of the general
4-11     revenue fund.
4-12           (c)  The treasurer shall deposit 10 percent of the fees
4-13     collected under this section in the general fund of the county or
4-14     municipality for the purpose of improving the efficiency of the
4-15     administration of justice in the county or municipality.  The
4-16     county or municipality shall reserve the 10 percent for and
4-17     prioritize the needs of the judicial officer or elected officer who
4-18     collected the fees when making expenditures under this subsection.
4-19           (d)  The treasurer shall deposit the remainder of the fees
4-20     collected under this section in the general revenue account of the
4-21     county or municipality.
4-22           Sec. 133.104.  FEES FOR SERVICES OF PEACE OFFICERS EMPLOYED
4-23     BY THE STATE.  (a)  Fees imposed under Article 102.011, Code of
4-24     Criminal Procedure, for services performed by peace officers
4-25     employed by the state shall be forwarded to the comptroller after
4-26     deducting four-fifths of the amount of each fee received for a
4-27     service performed under Subsection (a)(1) or (2) of that article,
4-28     in a manner directed by the comptroller.
4-29           (b)  The comptroller shall credit fees received under
4-30     Subsection (a) to the general revenue fund.
4-31              (Sections 133.105-133.150 reserved for expansion
4-32                          SUBCHAPTER D.  CIVIL FEES
4-33           Sec. 133.151.  CONSOLIDATED CIVIL FEE ON FILING IN DISTRICT
4-34     COURTS.  (a)  In addition to each fee collected under Section
4-35     51.317(b)(1), Government Code, the clerk of a district court shall
4-36     collect the following fees on the filing of any civil suit:
4-37                 (1)  $45 for family law cases and proceedings as
4-38     defined by Section 25.0002, Government Code; and
4-39                 (2)  $50 for any case other than a case described by
4-40     Subdivision (1).
4-41           (b)  The fees under Subsection (a) shall be collected and
4-42     remitted to the comptroller in the manner provided by Subchapter B.
4-43           (c)  The comptroller shall allocate the fees received under
4-44     this section to the following accounts and funds so that each
4-45     receives to the extent practicable, utilizing historical data as
4-46     applicable, the same amount of money the account or fund would have
4-47     received if the fees for the accounts and funds had been collected
4-48     and reported separately:
4-49                 (1)  judicial fund to be used for court-related
4-50     purposes for the support of the judiciary; and
4-51                 (2)  the basic civil legal services account of the
4-52     judicial fund for use in programs approved by the supreme court
4-53     that provide basic civil legal services to an indigent.
4-54           Sec. 133.152.  FILING FEES IN DISTRICT COURT FOR BASIC CIVIL
4-55     LEGAL SERVICES FOR INDIGENTS.  (a)  In addition to other fees
4-56     authorized or required by law, the clerk of a district court shall
4-57     collect the following fees on the filing of any civil action or
4-58     proceeding requiring a filing fee, including an appeal, and on the
4-59     filing of any counterclaim, cross action, intervention,
4-60     interpleader, or third-party action requiring a filing fee:
4-61                 (1)  $5 in family law cases and proceedings as defined
4-62     by Section 25.0002, Government Code; and
4-63                 (2)  $10 in any case other than a case described by
4-64     Subdivision (1).
4-65           (b)  The fees under this section shall be collected and
4-66     remitted to the comptroller in the manner provided by Subchapter B.
4-67           (c)  The comptroller shall deposit the fees to the credit of
4-68     the basic civil legal services account of the judicial fund for use
4-69     in programs approved by the supreme court that provide basic civil
 5-1     legal services to an indigent.
 5-2           Sec. 133.153.  FILING FEES IN COURTS OTHER THAN DISTRICT
 5-3     COURT FOR BASIC CIVIL LEGAL SERVICES FOR INDIGENTS.  (a)  In
 5-4     addition to other fees authorized or required by law, the clerk of
 5-5     a court other than a district court, the courts of appeals, or the
 5-6     supreme court, shall collect the following fees on the filing of
 5-7     any civil action or proceeding requiring a filing fee, including an
 5-8     appeal, and on the filing of any counterclaim, cross action,
 5-9     intervention, interpleader, or third-party action requiring a
5-10     filing fee:
5-11                 (1)  $5 for statutory and constitutional county courts;
5-12     and
5-13                 (2)  $2 for justice of the peace courts.
5-14           (b)  The fees shall be collected and remitted to the
5-15     comptroller in the manner provided by Subchapter B.
5-16           (c)  The comptroller shall deposit the fees to the credit of
5-17     the basic civil legal services account of the judicial fund for use
5-18     in programs approved by the supreme court that provide basic civil
5-19     legal services to an indigent.
5-20           SECTION 2.  Subsection (e), Section 14, Article 42.12, Code
5-21     of Criminal Procedure, is amended to read as follows:
5-22           (e)  The clerk of a court that collects a fee imposed under
5-23     Subsection (c)(2) shall deposit fees collected under this section
5-24     to be sent [remit the fee] to the comptroller as provided by
5-25     Subchapter B, Chapter 133, Local Government Code, and the
5-26     comptroller shall deposit the fee into the general revenue fund.
5-27     In requiring the payment of a fee under Subsection (c)(2), the
5-28     judge shall consider fines, fees, and other necessary expenses for
5-29     which the defendant is obligated in establishing the amount of the
5-30     fee.  The judge may not:
5-31                 (1)  establish the fee in an amount that is greater
5-32     than 25 percent of the defendant's gross income while the defendant
5-33     is a participant in residential aftercare; or
5-34                 (2)  require the defendant to pay the fee at any time
5-35     other than a time at which the defendant is both employed and a
5-36     participant in residential aftercare.
5-37           SECTION 3.  Subsection (f), Section 19, Article 42.12, Code
5-38     of Criminal Procedure, is amended to read as follows:
5-39           (f)  A community corrections and supervision department shall
5-40     deposit [remit] fees collected under [Subsection (e) of] this
5-41     section to be sent to the comptroller as provided by Subchapter B,
5-42     Chapter 133, Local Government Code.  The comptroller shall deposit
5-43     the fee in the special revenue fund to the credit of the sexual
5-44     assault program established under Section 44.0061, Health and
5-45     Safety Code.
5-46           SECTION 4.  Article 45.048, Code of Criminal Procedure, is
5-47     amended to read as follows:
5-48           Art. 45.048.  DISCHARGED FROM JAIL.  A defendant placed in
5-49     jail on account of failure to pay the fine and costs shall be
5-50     discharged on habeas corpus by showing that the defendant:
5-51                 (1)  is too poor to pay the fine and costs; or
5-52                 (2)  has remained in jail a sufficient length of time
5-53     to satisfy the fine and costs, at the rate of not less than $50
5-54     [$100] for each day or part of a day of jail time served.
5-55           SECTION 5.  Subsection (e), Article 45.049, Code of Criminal
5-56     Procedure, is amended to read as follows:
5-57           (e)  A defendant is considered to have discharged not less
5-58     than $50 [$100] of fines or costs for each eight hours of community
5-59     service performed under this article.
5-60           SECTION 6.  Article 102.004, Code of Criminal Procedure, is
5-61     amended by adding Subsection (c) to read as follows:
5-62           (c)  In this article, conviction has the meaning assigned by
5-63     Section 133.101, Local Government Code.
5-64           SECTION 7.  Article 102.011, Code of Criminal Procedure, is
5-65     amended by adding Subsection (j) to read as follows:
5-66           (j)  In this article, conviction has the meaning assigned by
5-67     Section 133.101, Local Government Code.
5-68           SECTION 8.  Subsection (c), Article 102.014, Code of Criminal
5-69     Procedure, is amended to read as follows:
 6-1           (c)  A person convicted of an offense under Subtitle C, Title
 6-2     7, Transportation Code, when the offense occurs within a school
 6-3     crossing zone as defined by Section 541.302 of that code, shall pay
 6-4     as court costs $25 in addition to other taxable court costs.  A
 6-5     person convicted of an offense under Section 545.066,
 6-6     Transportation Code, shall pay as court costs $25 in addition to
 6-7     other taxable court costs.  The additional court costs under this
 6-8     subsection shall be collected in the same manner that other fines
 6-9     and taxable court costs in the case are collected and shall be
6-10     assessed only in a municipality [with a population of 400,000 or
6-11     more].
6-12           SECTION 9.  Article 102.075, Code of Criminal Procedure, is
6-13     amended by amending Subsection (m) and adding Subsection (n) to
6-14     read as follows:
6-15           (m)  In addition to the cost on conviction imposed by
6-16     Subsection (a), a person convicted of an offense described by
6-17     Subsection (a) shall pay 50 [25] cents on conviction of the
6-18     offense.  The comptroller shall deposit money received under this
6-19     subsection to the credit of an account in the state treasury to be
6-20     used only for the establishment and operation of the Center for the
6-21     Study and Prevention of Juvenile Crime and Delinquency at Prairie
6-22     View A&M University.  Subsection (h) does not apply to money
6-23     received under this subsection.
6-24           (n)  In addition to the costs on conviction imposed by
6-25     Subsections (a) and (m), a person convicted of an offense described
6-26     by Subsection (a) shall pay 50 cents on conviction of the offense.
6-27     The comptroller shall deposit money received under this subsection
6-28     to the credit of an account in the state treasury to be used only
6-29     for the establishment and operation of the Correctional Management
6-30     Institute of Texas and Criminal Justice Center account.  Subsection
6-31     (h) does not apply to money received under this subsection.
6-32           SECTION 10.  Subsection (d), Section 51.702, Government Code,
6-33     is amended to read as follows:
6-34           (d)  The clerk shall deposit [send] the fees and costs
6-35     collected under this section to be sent to the comptroller as
6-36     provided by Subchapter B, Chapter 133, Local Government Code [at
6-37     least as frequently as monthly].  The comptroller shall deposit the
6-38     fees in the judicial fund.
6-39           SECTION 11.  Subsection (d), Section 51.703, Government Code,
6-40     is amended to read as follows:
6-41           (d)  The clerk shall deposit [send] the fees and costs
6-42     collected under this section to be sent to the comptroller as
6-43     provided by Subchapter B, Chapter 133, Local Government Code [at
6-44     least as frequently as monthly].  The comptroller shall deposit the
6-45     fees in the judicial fund.
6-46           SECTION 12.  Subsection (c), Section 51.704, Government Code,
6-47     is amended to read as follows:
6-48           (c)  The clerk shall deposit [send] the fees and costs
6-49     collected under this section to be sent to the comptroller as
6-50     provided by Subchapter B, Chapter 133, Local Government Code [at
6-51     least as frequently as monthly].  The comptroller shall deposit the
6-52     fees in the judicial fund.
6-53           SECTION 13.  Section 51.941, Government Code, is amended to
6-54     read as follows:
6-55           Sec. 51.941.  ADDITIONAL FILING FEE IN APPELLATE COURTS FOR
6-56     BASIC CIVIL LEGAL SERVICES FOR INDIGENTS.  (a)  In addition to
6-57     other fees authorized or required by law, the clerk of the supreme
6-58     court and courts of appeals [each court] shall collect a $25 fee
6-59     [the following fees] on the filing of any civil action or
6-60     proceeding requiring a filing fee, including an appeal, and on the
6-61     filing of any counterclaim, cross-action, intervention,
6-62     interpleader, or third-party action requiring a filing fee[:]
6-63                 [(1)  supreme court and courts of appeals ........ $25;]
6-64                 [(2)  district courts, for other than divorce and other
6-65     family law matters ........................................... $10;]
6-66                 [(3)  district courts, divorce and other family law
6-67     matters ....................................................... $5;]
6-68                 [(4)  statutory and constitutional county courts .. $5;]
6-69                 [(5)  justice of the peace courts ................ $2].
 7-1           (b)  Court fees under this section [subchapter] shall be
 7-2     collected in the same manner as other fees, fines, or costs in the
 7-3     case.
 7-4           (c)  The clerk shall send the fees collected under this
 7-5     section [Subsection (a)(1)] to the comptroller not later than the
 7-6     last day of the month following [10th day after the end of] each
 7-7     calendar quarter.
 7-8           (d)  [The clerk shall remit the fees collected under
 7-9     Subsections (a)(2)-(5) at least as frequently as monthly to the
7-10     county treasurer or the person who performs the duties of the
7-11     county treasurer.  The county treasurer or the person performing
7-12     the duties of the county treasurer shall keep a record of the
7-13     amount of money received under this subsection.  The county
7-14     treasurer or the person who performs the duties of the county
7-15     treasurer shall remit the fees collected, minus an amount ordered
7-16     retained by the county commissioners court as provided by
7-17     Subsection (e), to the comptroller not later than the 10th day
7-18     after the end of each quarter.]
7-19           [(e)  The commissioners court by order may require the county
7-20     treasurer or the person who performs the duties of the county
7-21     treasurer to deposit in the county's general revenue account five
7-22     percent of the fees collected under Subsections (a)(2)-(5) to
7-23     reimburse the county for the expense of collecting and remitting
7-24     the fees collected under Subsections (a)(2)-(5).]
7-25           [(f)]  The comptroller shall deposit the fees received under
7-26     this section to the credit of the basic civil legal services
7-27     account of the judicial fund for use in programs approved by the
7-28     supreme court that provide basic civil legal services to the
7-29     indigent.
7-30           (e) [(g)]  In this section, "indigent"[:]
7-31                 [(1)  "Family law matters" has the meaning assigned
7-32     "family law cases and proceedings" by Section 25.0002.]
7-33                 [(2)  "Indigent"] means an individual who earns not
7-34     more than 125 percent of the income standard established by
7-35     applicable federal poverty guidelines.
7-36           SECTION 14.  Subsection (b), Section 118.015, Local
7-37     Government Code, is amended to read as follows:
7-38           (b)  A county clerk who collects a fee under this section for
7-39     a certified copy of a birth certificate shall deposit the [deduct
7-40     20 cents of that fee to apply to the clerk's administrative costs
7-41     and remit $1.80 of that] fee collected into the county treasury.
7-42     The state's portion of the fee shall be sent to the comptroller as
7-43     provided by Subchapter B, Chapter 133, Local Government Code, for
7-44     deposit in the work and family policies fund.
7-45           SECTION 15.  Subsection (c), Section 118.018, Local
7-46     Government Code, is amended to read as follows:
7-47           (c)  A county clerk who collects a fee under this section
7-48     from a marriage license applicant shall deposit [remit] $3 of that
7-49     fee to be sent to the comptroller as provided by Subchapter B,
7-50     Chapter 133, Local Government Code, for deposit in the family trust
7-51     fund established under Section 2.014, Family Code.
7-52           SECTION 16.  Subsection (a), Section 118.022, Local
7-53     Government Code, is amended to read as follows:
7-54           (a)  The county clerk shall deposit, as provided by
7-55     Subchapter B, Chapter 133, Local Government Code, [not later than
7-56     the 10th day of each month, send to the comptroller of public
7-57     accounts] $12.50 of each fee collected [during the preceding month]
7-58     for issuance of a marriage license or declaration of informal
7-59     marriage to be sent to the comptroller and deposited as provided by
7-60     Subsection (b).
7-61           SECTION 17.  Section 542.403, Transportation Code, is amended
7-62     by adding Subsection (c) to read as follows:
7-63           (c)  In this section, conviction has the meaning assigned by
7-64     Section 133.101, Local Government Code.
7-65           SECTION 18.  Subsection (a), Section 706.006, Transportation
7-66     Code, is amended to read as follows:
7-67           (a)  Unless a person has been acquitted of the offense for
7-68     which the person failed to appear for a complaint, citation, or
7-69     court order to pay a fine involving a violation of a traffic law or
 8-1     an offense described by Section 706.002(a)(2), (3), or (4), the
 8-2     political subdivision shall require the person to pay an
 8-3     administrative fee of $30 for each complaint, citation, or court
 8-4     order [violation] for which the person failed to appear.
 8-5           SECTION 19.  Subsections (a), (b), and (c), Section 706.007,
 8-6     Transportation Code, are amended to read as follows:
 8-7           (a)  An officer collecting a fee under Section 706.006 shall
 8-8     keep records and deposit the money as provided by Subchapter B,
 8-9     Chapter 133, Local Government Code[:]
8-10                 [(1)  keep separate records of the money; and]
8-11                 [(2)  deposit the money in the appropriate municipal or
8-12     county treasury].
8-13           (b)  The custodian of the municipal or county treasury may[:]
8-14                 [(1)]  deposit each fee collected under Section 706.006
8-15     as provided by Subchapter B, Chapter 133, Local Government Code [in
8-16     an interest-bearing account; and]
8-17                 [(2)  retain for the municipality or county the
8-18     interest earned on money in the account].
8-19           (c)  The custodian shall keep records of money received and
8-20     disbursed under this section as provided by Subchapter B, Chapter
8-21     133, Local Government Code, and shall provide an annual report, in
8-22     the form approved by the comptroller, of all money received and
8-23     disbursed under this section to:
8-24                 (1)  the comptroller;
8-25                 (2)  the department; and
8-26                 (3)  another entity as provided by interlocal contract.
8-27           SECTION 20.  The following are repealed:
8-28                 (1)  Article 56.55, Code of Criminal Procedure;
8-29                 (2)  Article 56.56, Code of Criminal Procedure;
8-30                 (3)  Article 56.57, Code of Criminal Procedure;
8-31                 (4)  Article 56.59, Code of Criminal Procedure;
8-32                 (5)  Subsections (f), (g), and (h), Article 102.011,
8-33     Code of Criminal Procedure;
8-34                 (6)  Article 102.019, Code of Criminal Procedure;
8-35                 (7)  Section 51.701, Government Code;
8-36                 (8)  Section 51.921, Government Code;
8-37                 (9)  Subsections (b) through (h), Section 56.001,
8-38     Government Code; and
8-39                 (10)  Section 61.003, Government Code.
8-40           SECTION 21.  (a)  This Act takes effect January 1, 2002.
8-41           (b)  This Act applies to any fee collected on or after the
8-42     effective date of this Act.
8-43           (c)  The change in law made by this Act to Articles 45.048
8-44     and 45.049, Code of Criminal Procedure, applies only to conduct
8-45     that occurs on or after the effective date of this Act.  Conduct
8-46     violating a penal law of this state occurs on or after the
8-47     effective date of this Act if any element of the violation occurs
8-48     on or after that date.  Conduct that occurs before the effective
8-49     date of this Act is governed by the law in effect at the time the
8-50     conduct occurred, and that law is continued in effect for that
8-51     purpose.
8-52           (d)  The change in law made by Section 9 of this Act applies
8-53     only to a court cost imposed on conviction of an offense committed
8-54     on or after the effective date of this Act.  A court cost imposed
8-55     on conviction of an offense committed before the effective date of
8-56     this Act is governed by the law in effect when the offense was
8-57     committed, and the former law is continued in effect for that
8-58     purpose.  For the purposes of this section, an offense was
8-59     committed before the effective date of this Act if any element of
8-60     the offense occurred before that date.
8-61                                  * * * * *