79S10238 RMB-D

By:  Ellis                                                        S.B. No. 37 



A BILL TO BE ENTITLED

AN ACT

relating to providing funds for the fair defense account.                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 133.003, Local Government Code, is 
amended to conform to Senate Bill No. 1704, Acts of the 79th 
Legislature, Regular Session, 2005, and amended to read as follows:
	Sec. 133.003.  CRIMINAL FEES.  This chapter applies to the 
following criminal fees:
		(1)  the consolidated fee imposed under Section 
133.102;                    
		(2)  the time payment fee imposed under Section 
133.103;                    
		(3)  fees for services of peace officers employed by 
the state imposed under Article 102.011, Code of Criminal 
Procedure, and forwarded to the comptroller as provided by Section 
133.104;
		(4)  costs on conviction imposed in certain statutory 
county courts under Section 51.702, Government Code, and deposited 
in the judicial fund;
		(5)  costs on conviction imposed in certain county 
courts under Section 51.703, Government Code, and deposited in the 
judicial fund;
		(6)  the administrative fee for failure to appear or 
failure to pay or satisfy a judgment imposed under Section 706.006, 
Transportation Code; [and]
		(7)  fines on conviction imposed under Section 
621.506(g), Transportation Code;
		(8)  the fee imposed under Article 102.0045, Code of 
Criminal Procedure; and
		(9)  the cost on conviction imposed under Section 
133.105.           
	SECTION 2.  Subchapter C, Chapter 133, Local Government 
Code, is amended by adding Section 133.105 to read as follows:
	Sec. 133.105.  COURT COSTS TO SUPPORT PURPOSES OF FAIR 
DEFENSE ACCOUNT.  (a)  A person convicted of any offense, other than 
an offense relating to a pedestrian or the parking of a motor 
vehicle, shall pay as a court cost, in addition to all other costs, 
a fee of $3 to be used for the support of indigent defense.
	(b)  The treasurer shall remit each fee collected under this 
section to the comptroller for deposit in the fair defense account.
	SECTION 3.  Subchapter B, Chapter 102, Government Code, is 
amended by adding Section 102.022 to read as follows:
	Sec. 102.022.  COURT COST ON CONVICTION TO SUPPORT PURPOSES 
OF FAIR DEFENSE ACCOUNT.  A person convicted of any offense, other 
than an offense relating to a pedestrian or the parking of a motor 
vehicle, shall pay a cost on conviction of $3 under Section 133.105, 
Local Government Code.
	SECTION 4.  The imposition of a cost of court under Section 
133.105, Local Government Code, as added by this Act, applies only 
to 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.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 5.  This Act takes effect on the 91st day after the 
last day of the legislative session.