78R6844 YDB-D

By:  Moreno of El Paso                                            H.B. No. 2572



A BILL TO BE ENTITLED

AN ACT

relating to additional costs on conviction for certain intoxication 
and drug offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 102, Code of Criminal 
Procedure, is amended by adding Article 102.0185 to read as 
follows:
	Art. 102.0185.  COST ON CONVICTION FOR CERTAIN INTOXICATION 
AND DRUG OFFENSES.  (a)  In addition to other costs on conviction 
imposed by this chapter, a person shall pay $50 as a court cost on 
conviction of an offense under:
		(1)  Chapter 49, Penal Code, other than an offense 
punishable as a Class C misdemeanor; or
		(2)  Chapter 481, Health and Safety Code.                              
	(b)  The court shall assess and make a reasonable effort to 
collect the cost due under this article whether or not any other 
court cost is assessed or collected.
	(c)  For purposes of this article, a person is considered to 
have been convicted if:
		(1)  a sentence is imposed;                                            
		(2)  the defendant receives community supervision or 
deferred adjudication; or
		(3)  the court defers final disposition of the case.                   
	(d)  Court costs under this article are collected in the same 
manner as other fines or costs. An officer collecting the costs 
shall keep separate records of the funds collected as costs under 
this article and shall deposit the funds in the county or municipal 
treasury, as appropriate.
	(e)  The custodian of a county or municipal treasury shall:             
		(1)  keep records of the amount of funds on deposit 
collected under this article; and
		(2)  send to the comptroller before the last day of the 
first month following each calendar quarter the funds collected 
under this article during the preceding quarter.
	(f)  A county or municipality may retain 10 percent of the 
funds collected under this article by an officer of the county or 
municipality as a collection fee if the custodian of the county or 
municipal treasury complies with Subsection (e).
	(g)  If no funds due as costs under this article are 
deposited in a county or municipal treasury in a calendar quarter, 
the custodian of the treasury shall file the report required for the 
quarter in the regular manner and must state that no funds were 
collected.
	(h)  The comptroller shall deposit the funds received under 
this article to the credit of the drug court account in the general 
revenue fund to help fund drug court programs established under 
Chapter 469, Health and Safety Code.  The comptroller shall 
distribute money from the account on a pro rata basis to drug court 
programs that apply for the money.
	(i)  Funds collected under this article are subject to audit 
by the comptroller.
	SECTION 2.  (a)  The changes in law made by this Act apply 
only to the imposition of a court cost on conviction of an offense 
committed on or after the effective date of this Act.  An offense 
committed before the effective date of this Act is covered by the 
law in effect when the offense was committed, and the former law is 
continued in effect for that purpose.
	(b)  For purposes of this section, an offense was committed 
before the effective date of this Act if any element of the offense 
occurred before that date.
	SECTION 3.  This Act takes effect September 1, 2003.