H.B. No. 1934
relating to security fees for justice courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 102.017, Code of Criminal
Procedure, is amended to read as follows:
Art. 102.017. COURT COSTS; COURTHOUSE SECURITY FUND;
MUNICIPAL COURT BUILDING SECURITY FUND; JUSTICE COURT BUILDING
SECTION 2. Article 102.017, Code of Criminal Procedure, is
amended by amending Subsections (b), (d), and (e) and adding
Subsection (d-1) to read as follows:
(b) A defendant convicted of a misdemeanor offense in a
justice court,] county court, county court at law, or district
court shall pay a $3 security fee as a cost of court. A defendant
convicted of a misdemeanor offense in a justice court shall pay a $4
security fee as a cost of court. The governing body of a
municipality by ordinance may create a municipal court building
security fund and may require a defendant convicted of a
misdemeanor offense in a municipal court to pay a $3 security fee as
a cost of court.
(d) Except as provided by Subsection (d-1), the [ The] clerks
of the respective courts shall collect the costs and pay them to the
county or municipal treasurer, as appropriate, or to any other
official who discharges the duties commonly delegated to the county
or municipal treasurer, as appropriate, for deposit in a fund to be
known as the courthouse security fund or a fund to be known as the
municipal court building security fund, as appropriate. A fund
designated by this subsection may be used only to finance items when
used for the purpose of providing security services for buildings
housing a district, county, justice, or municipal court, as
(1) the purchase or repair of X-ray machines and
(2) handheld metal detectors;
(3) walkthrough metal detectors;
(4) identification cards and systems;
(5) electronic locking and surveillance equipment;
(6) bailiffs, deputy sheriffs, deputy constables, or
contract security personnel during times when they are providing
appropriate security services;
(8) confiscated weapon inventory and tracking
(9) locks, chains, alarms, or similar security
(10) the purchase or repair of bullet-proof glass; and
(11) continuing education on security issues for court
personnel and security personnel.
(d-1)(1) This subsection applies only to a justice court
located in a county in which one or more justice courts are located
in a building that is not the county courthouse.
(2) The county treasurer shall deposit one-fourth of
the cost of court collected under Subsection (b) in a justice court
described by Subdivision (1) into a fund to be known as the justice
court building security fund. A fund designated by this subsection
may be used only for the purpose of providing for a justice court
located in a building that is not the county courthouse security
services as described by Subsection (d).
(e) The courthouse security fund and the justice court
building security fund shall be administered by or under the
direction of the commissioners court. The municipal court building
fund shall be administered by or under the direction of the
governing body of the municipality.
SECTION 3. (a) The change in law made by this Act applies
only to a cost on conviction for an offense committed on or after
the effective date of this Act. A cost on conviction for an offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose.
(b) For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 4. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 1934 was passed by the House on May 9,
2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 1934 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate