By:  Farabee                                                      H.B. No. 1828



A BILL TO BE ENTITLED

AN ACT

relating to the name and use of the graffiti eradication fund.                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Article 102.0171, Code of 
Criminal Procedure, is amended to read as follows:
	Art. 102.0171.  COURT COSTS:  JUVENILE DELINQUENCY 
PREVENTION [GRAFFITI ERADICATION] FUNDS.
	SECTION 2.  Articles 102.0171(c) and (d), Code of Criminal 
Procedure, are amended to read as follows:
	(c)  The clerks of the respective courts shall collect the 
costs and pay them to the county treasurer or to any other official 
who discharges the duties commonly delegated to the county 
treasurer for deposit in a fund to be known as the county juvenile 
delinquency prevention [graffiti eradication] fund.  A fund 
designated by this subsection may be used only to:
		(1)  repair damage caused by the commission of offenses 
under Section 28.08, Penal Code;
		(2)  provide educational and intervention programs 
designed to prevent individuals from committing offenses under 
Section 28.08, Penal Code; [and]
		(3)  provide to the public rewards for identifying and 
aiding in the apprehension and prosecution of offenders who commit 
offenses under Section 28.08, Penal Code;
		(4)  provide funding for teen recognition and teen 
recreation programs;
		(5)  provide funding for local teen court programs;                    
		(6)  provide funding for the local juvenile probation 
department; and
		(7)  provide educational and intervention programs 
designed to prevent juveniles from engaging in delinquent conduct.
	(d)  The county juvenile delinquency prevention [graffiti 
eradication] fund shall be administered by or under the direction 
of the commissioners court.
	SECTION 3.  Section 54.0461, Family Code, is amended to read 
as follows:     
	Sec. 54.0461.  PAYMENT OF JUVENILE DELINQUENCY PREVENTION
[GRAFFITI ERADICATION] FEES.  (a)  If a child is adjudicated as 
having engaged in delinquent conduct that violates Section 28.08, 
Penal Code, the juvenile court shall order the child, parent, or 
other person responsible for the child's support to pay to the court 
a $5 juvenile delinquency prevention [graffiti eradication] fee as 
a cost of court.
	(b)  The court shall deposit fees received under this section 
to the credit of the county juvenile delinquency prevention
[graffiti eradication] fund provided for under Article 102.0171, 
Code of Criminal Procedure.
	(c)  If the court finds that a child, parent, or other person 
responsible for the child's support is unable to pay the juvenile 
delinquency prevention [graffiti eradication] fee required under 
Subsection (a), the court shall enter into the child's case records 
a statement of that finding.  The court may waive a fee under this 
section only if the court makes the finding under this subsection.
	SECTION 4.  (a)  This Act takes effect September 1, 2003.                      
	(b)  This Act applies to a fee ordered by a juvenile court for 
a violation of Section 28.08, Penal Code, on or after the effective 
date of this Act, without regard to whether the conduct that is the 
basis of the violation occurred before, on, or after that date.