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79R11467 MXM-D
By: Campbell, Escobar, Hardcastle, Chisum, H.B. No. 3280
Blake, et al.
Substitute the following for H.B. No. 3280:
By: Chavez C.S.H.B. No. 3280
A BILL TO BE ENTITLED
AN ACT
relating to increasing funding for sheriffs in certain small
counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0093 to read as follows:
Sec. 411.0093. LOCAL COOPERATION WITH SHERIFFS; GRANTS.
(a) The department may make grants to a sheriff in a county with a
population of less than 150,000.
(b) In determining whether to award a grant under this
section, the department shall consider the extent to which the
sheriff will use the money to enhance homeland security and fight
drug trafficking.
(c) The department may adopt rules regarding application
and eligibility requirements under this section.
(d) The commissioners court of a county in which a sheriff
who receives a grant under this section serves may not, as a result
of the grant, reduce the county funds provided for the sheriff.
(e) The county law enforcement assistance fund is a separate
account in the general revenue fund. Money in the account may be
used by the department only to award grants under this section.
Section 403.095(b) does not apply to the account.
SECTION 2. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.022 to read as follows:
Art. 102.022. COSTS ON CONVICTION TO FUND COUNTY LAW
ENFORCEMENT ASSISTANCE. (a) In this article, "moving violation"
means an offense that:
(1) involves the operation of a motor vehicle; and
(2) is classified as a moving violation by the
Department of Public Safety under Section 708.052, Transportation
Code.
(b) A defendant convicted of a moving violation in a justice
court, county court, county court at law, or municipal court shall
pay a $10 fee as a cost of court.
(c) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision,
including deferred adjudication; or
(3) the court defers final disposition of the person's
case.
(d) The clerks of the respective courts shall collect the
costs described by this article. The clerk shall keep separate
records of the funds collected as costs under this article and shall
deposit the funds in the county or municipal treasury, as
appropriate.
(e) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
(f) A county or municipality may retain 10 percent of the
funds collected under this article by an officer of the county or
municipality as a collection fee if the custodian of the county or
municipal treasury complies with Subsection (e).
(g) If no funds due as costs under this article are
deposited in a county or municipal treasury in a calendar quarter,
the custodian of the treasury shall file the report required for the
quarter in the regular manner and must state that no funds were
collected.
(h) The comptroller shall deposit the funds received under
this article to the credit of the county law enforcement assistance
fund in the general revenue fund.
(i) Funds collected under this article are subject to audit
by the comptroller.
SECTION 3. Section 102.061, Government Code, is amended to
read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT. The clerk of a statutory county court shall
collect fees and costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $20;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5;
(5A) a county law enforcement fee (Art. 102.022, Code
of Criminal Procedure) . . . $10; and
(6) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $4.
SECTION 4. Section 102.081, Government Code, is amended to
read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT. The clerk of a county court shall collect fees and
costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $20;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; [and]
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5; and
(6) a county law enforcement fee (Art. 102.022, Code
of Criminal Procedure) . . . $10.
SECTION 5. 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
$3;
(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 $4;
(5A) a county law enforcement fee (Art. 102.022, Code
of Criminal Procedure) . . . $10; and
(6) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $1.50.
SECTION 6. Section 102.121, Government Code, is amended to
read as follows:
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT. The clerk of a municipal 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
$3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; [and]
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
and
(6) a county law enforcement fee (Art. 102.022, Code
of Criminal Procedure) . . . $10.
SECTION 7. The imposition of a cost of court under Article
102.022, Code of Criminal Procedure, 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 8. This Act takes effect September 1, 2005.