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78R2875 KEL-D

By:  Brimer                                                       S.B. No. 302



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, Article 42.12, Code of Criminal 
Procedure, is amended by amending Subsection (g) and adding 
Subsection (h) 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 an amount equal to [a 
fee that equals] the [actual] cost, as evidenced by written 
receipt, incurred by [to] 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 an amount [fees] 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 Subsection (g) [this 
subsection], 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, 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.  Chapter 62, Code of Criminal Procedure, is 
amended by adding Article 62.041 to read as follows:
	Art. 62.041.  AUTHORITY OF POLITICAL SUBDIVISION TO COLLECT 
COSTS OF CERTAIN NOTICE.  (a)  In this article, "utility service" 
means  water, wastewater, sewer, gas, garbage, electricity, or 
drainage service.
	(b)  A political subdivision served by a local law 
enforcement authority obtaining publication of notice under 
Article 62.03 or 62.04 may bill any unpaid amount under that 
article, identified separately, within a bill for a utility service 
provided by the political subdivision to the person who is the 
subject of the notice, 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.
	(c)  The political subdivision shall remit an amount 
collected under this article to the local law enforcement 
authority.
	SECTION 4.  Section 508.186, Government Code, is amended by 
adding Subsection (a-1) and amending Subsection (b) to read as 
follows:
	(a-1)  A political subdivision served by the local law 
enforcement authority may bill any unpaid amount under Subsection 
(a)(2), identified separately, within a bill for a utility service 
provided by the political subdivision to the releasee and may 
suspend service of the utility to a releasee who is delinquent in 
payment of the amount until the delinquent claim is fully paid to 
the political subdivision.  In this subsection, "utility service" 
means  water, wastewater, sewer, gas, garbage, electricity, or 
drainage service.
	(b)  The division or political subdivision, as applicable, 
shall remit an amount collected under this section to the 
applicable local law enforcement authority.
	SECTION 5.  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.