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79R13021 RMB-D


By:  Gonzalez Toureilles, Brown of Brazos                         H.B. No. 1934

Substitute the following for H.B. No. 1934:                                   

By:  Alonzo                                                   C.S.H.B. No. 1934



A BILL TO BE ENTITLED

AN ACT

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 
SECURITY FUND.
	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 
appropriate, including:
		(1)  the purchase or repair of X-ray machines and 
conveying systems;        
		(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;
		(7)  signage;                                                                 
		(8)  confiscated weapon inventory and tracking 
systems;                     
		(9)  locks, chains, alarms, or similar security 
devices;                    
		(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.