BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 933

79R5539 BDH-F                                                                                                           By: Hinojosa

                                                                                                                                      Jurisprudence

                                                                                                                                            3/18/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

The approximately 850 justice courts in Texas handled over three million cases in fiscal year 2004.  Because of this high volume of cases, funds are needed to keep up with changing technology and to maintain accurate court records.  Beginning in September, 2005, the Texas Department of Public Safety (DPS) will require electronic reporting of dispositions. 

 

In many counties, local funds are insufficient to meet the technological requirements of case management.  Some courts use outdated computers or outdated case management software that requires entering data by hand, while other courts do not have computers at all. 

 

Currently, the commissioners court of a county may by order create a justice court technology fund and may require a defendant convicted of a misdemeanor offense in a justice court to pay  a technology fee not to exceed $4 as a cost of court.  This provision expires September 1, 2005. 

 

As proposed, S.B. 933 repeals the September 1, 2005, expiration date on the court costs for the justice court technology fund.  It makes the justice court technology fund fee a standard mandatory court cost and allows expenditures from the technology fund for judges and clerks to receive training on technological enhancements for courts.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Articles 102.0173(a) and (d), Code of Criminal Procedure, as follows:

 

(a) Requires, rather than authorizes, the commissioners court of a county by order to create a justice court technology fund and to require a defendant convicted of a misdemeanor offense to pay a certain technology fee.

 

(d) Authorizes the fund designated by this article to be used to finance the cost of continuing education and training for justice court judges and clerks regarding available technological enhancements for justice courts.  Creates a subdivision from existing text and redesignates Subdivisions (1)-(8) as Subdivisions (A)-(H). 

 

SECTION 2.  Amends Section 102.081, Government Code, to require a clerk of a county court to collect a technology fee of $4 on conviction of a defendant.  Makes a nonsubstantive change.

 

SECTION 3.  Repealer: Article 102.0173(f) (expiration of the article on September 1, 2005), Code of Criminal Procedure. 

 

SECTION 4.  Makes application of the change in law made by this Act prospective. 

 

SECTION 5.  Effective date: September 1, 2005.