H.B. No. 1418
relating to the justice court technology fund and to requiring the
assessment of a technology fee on conviction of certain misdemeanor
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 102.0173(a) and (d), Code of Criminal
Procedure, are amended to read as follows:
(a) The commissioners court of a county by order shall [
create a justice court technology fund. A defendant convicted of a
misdemeanor offense in justice court shall pay a $4 justice court
technology fee as a cost of court for deposit in the 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].
(d) A fund designated by this article may be used only to
(1) the cost of continuing education and training for
justice court judges and clerks regarding technological
enhancements for justice courts; and
(2) the purchase and maintenance of technological
enhancements for a justice court, including:
(A) [ (1)] computer systems;
(B) [ (2)] computer networks;
(C) [ (3)] computer hardware;
(D) [ (4)] computer software;
(E) [ (5)] imaging systems;
(F) [ (6)] electronic kiosks;
(G) [ (7)] electronic ticket writers; and
(H) [ (8)] docket management systems.
SECTION 2. Section 102.101, Government Code, is amended to
read as follows:
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT. A clerk of a justice court shall collect fees and
costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . [ not to exceed]
(6) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $1.50.
SECTION 3. Article 102.0173(f), Code of Criminal Procedure,
SECTION 4. The change in law made 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
governed 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 September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 1418 was passed by the House on April
26, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 1418 was passed by the Senate on May
12, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate