78S10084 KEL-D

By:  Phillips                                                     H.B. No. 71 



A BILL TO BE ENTITLED

AN ACT

relating to the collection of the costs of providing certain notice 
related to registered sex offenders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 19(g), Article 42.12, Code of Criminal 
Procedure, as amended by Section 1, S.B. No. 146, Acts of the 78th 
Legislature, Regular Session, 2003, and Section 19(h), Article 
42.12, Code of Criminal Procedure, as added by Section 1, S.B. No. 
146, Acts of the 78th Legislature, Regular Session, 2003, are 
amended to read as follows:
	(g)  If the judge places on community supervision a person 
required to register as a sex offender under Chapter 62, the judge 
shall require as a condition of community supervision that the 
person pay to the person's supervising officer a fee that equals [an 
amount equal to] the actual cost to [, as evidenced by written 
receipt, incurred by] the applicable local law enforcement 
authority for providing notice for publication to a newspaper as 
required by Chapter 62.  [A political subdivision served by the 
local law enforcement authority may bill any unpaid amount, 
identified separately, within a bill for a utility service provided 
by the political subdivision to the person and may suspend service 
of the utility to a person who is delinquent in payment of the 
amount until the delinquent claim is fully paid to the political 
subdivision.]  A community supervision and corrections department 
[or political subdivision, as applicable,] shall remit fees [an 
amount] collected under this subsection to the applicable local law 
enforcement authority to reimburse the authority for the actual 
cost incurred by the authority, as evidenced by written receipt, 
for providing notice for publication to a newspaper as required by 
Chapter 62.  [In this subsection, "utility service" means water, 
wastewater, sewer, gas, garbage, electricity, or drainage service.
	[(h)]  In a community supervision revocation hearing at 
which it is alleged only that the person violated the terms of 
community supervision by failing to make a payment under this 
subsection [Subsection (g)], the inability of the person to pay as 
ordered by the judge is an affirmative defense to revocation, which 
the person must prove by a preponderance of the evidence.
	SECTION 2.  Section 2(b), Article 42.22, Code of Criminal 
Procedure, as amended by Section 2, S.B. No. 146, Acts of the 78th 
Legislature, Regular Session, 2003, is amended to read as follows:
	(b)  The state also has a restitution lien to secure the:                      
		(1)  amount of fines or costs entered against a 
defendant in the judgment in a felony criminal case;
		(2)  amount of reimbursement for costs of[:                  
			[(A)]  confinement ordered under Article 42.038;  
[or
			[(B)  notice provided under Article 62.03 or 
62.04;] and  
		(3)  amount of damages incurred by the state as a result 
of the commission of an offense under Section 38.04, Penal Code, in 
which the defendant used a motor vehicle while the defendant was in 
flight.
	SECTION 3.  Section 508.186(b), Government Code, as amended 
by Section 9, S.B. No. 146, Acts of the 78th Legislature, Regular 
Session, 2003, is amended to read as follows:
	(b)  The division [or political subdivision, as applicable,] 
shall remit an amount collected under this section to the 
applicable local law enforcement authority.
	SECTION 4.  Article 62.041, Code of Criminal Procedure, as 
added by Section 3, S.B. No. 146, Acts of the 78th Legislature, 
Regular Session, 2003, is repealed.
	SECTION 5.  Section 508.186(a-1), Government Code, as added 
by Section 9, S.B. No. 146, Acts of the 78th Legislature, Regular 
Session, 2003, is repealed.
	SECTION 6.  This Act takes effect September 1, 2003, if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for effect on that 
date, this Act takes effect November 1, 2003.