By:  Farabee                                                      H.B. No. 2656



A BILL TO BE ENTITLED

AN ACT

relating to a costs on conviction for indigent defense.                       
	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 a new section 102.021 to read as 
follows:
	Art. 102.021.  Costs on Conviction for Indigent Defense.  
(a)  A person shall pay $50 as a court cost on conviction of:
		(1)  a felony; or                                                      
		(2)  a class A or class B misdemeanor.                                 
	(b)  The court shall assess and make 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 treasury.
	(e)  The custodian of a county treasury shall:                          
		(1)  keep records of the amounts of funds on deposit 
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 may retain 10 percent of the funds collected 
under this article by an officer of the county as a collection fee 
if the custodian of the treasury complies with Subsection (e).
	(g)  If no funds due as costs under this article are 
deposited in a county 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 fair defense account in the 
general revenue fund.
	(i)  Funds collected under this article are subject to audit 
by the comptroller.
	SECTION 2.  This Act takes effect immediately 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 immediate effect, this 
Act takes effect September 1, 2003.