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Amend HB 3060 on third reading by inserting the following and
renumbering accordingly.
SECTION __. Section 133.003, Local Government Code, is
amended to read as follows:
Sec. 133.003. CRIMINAL FEES. This chapter applies to the
following criminal fees:
(1) the consolidated fee imposed under Section
133.102;
(2) the time payment fee imposed under Section
133.103;
(3) fees for services of peace officers employed by
the state imposed under Article 102.011, Code of Criminal
Procedure, and forwarded to the comptroller as provided by Section
133.104;
(4) costs on conviction imposed in certain statutory
county courts under Section 51.702, Government Code, and deposited
in the judicial fund;
(5) costs on conviction imposed in certain county
courts under Section 51.703, Government Code, and deposited in the
judicial fund;
(6) the administrative fee for failure to appear or
failure to pay or satisfy a judgment imposed under Section 706.006,
Transportation Code;
(7) fines on conviction imposed under Section
621.506(g), Transportation Code;
(8) the fee imposed under Article 102.0045, Code of
Criminal Procedure; [and]
(9) the cost on conviction imposed under Section
133.105 and deposited in the judicial fund; and
(10) the cost on conviction imposed under Section
133.107.
SECTION __. Section 133.004, Local Government Code, is
amended to read as follows:
Sec. 133.004. CIVIL FEES. This chapter applies to the
following civil fees:
(1) the consolidated fee on filing in district court
imposed under Section 133.151;
(2) the filing fee in district court for basic civil
legal services for indigents imposed under Section 133.152;
(3) the filing fee in courts other than district court
for basic civil legal services for indigents imposed under Section
133.153;
(4) the filing fees for the judicial fund imposed in
certain statutory county courts under Section 51.702, Government
Code;
(5) the filing fees for the judicial fund imposed in
certain county courts under Section 51.703, Government Code;
(6) the filing fees for the judicial fund imposed in
certain statutory probate courts under Section 51.704, Government
Code;
(7) fees collected under Section 118.015;
(8) marriage license fees for the family trust fund
collected under Section 118.018;
(9) marriage license or declaration of informal
marriage fees for the child abuse and neglect prevention trust fund
account collected under Section 118.022; [and]
(10) the filing fee for the judicial fund imposed in
district court, statutory county court, and county court under
Section 133.154; and
(11) the filing fee imposed in district court,
statutory county court, and county court under Section 133.155.
SECTION __. Subchapter C, Chapter 133, Local Government
Code, is amended by adding Section 133.107 to read as follows:
Sec. 133.107. FEE FOR SUPPORT OF PROGRAMS FOR INDIGENT
DEFENDANTS. (a) A person convicted of any offense, other than an
offense relating to a pedestrian or the parking of a motor vehicle,
shall pay as a court cost, in addition to all other costs, a fee of
$2 to be used for programs serving indigent defendants.
(b) The treasurer shall remit the fees collected under this
section to the comptroller in the manner provided by Subchapter B.
The comptroller shall deposit the fees as provided by Subsection
(c).
(c) The comptroller shall:
(1) credit remitted fees to the fair defense account
established under Section 71.058, Government Code, to be used,
subject to all requirements of Section 71.062, Government Code, for
demonstration or pilot projects that develop and promote best
practices for the efficient delivery of quality representation to
indigent defendants in criminal cases at trial, on appeal, and in
postconviction proceedings.
SECTION __. Subchapter D, Chapter 133, Local Government
Code, is amended by adding Section 133.155 to read as follows:
Sec. 133.155. ADDITIONAL FILING FEE IN DISTRICT COURT,
STATUTORY COUNTY COURT, OR COUNTY COURT FOR SUPPORT OF PROGRAMS FOR
INDIGENT DEFENDANTS. (a) In addition to other fees authorized or
required by law, the clerk of a district court, statutory county
court, or county court shall collect a fee of $5 on the filing of any
civil suit to be used to support programs for indigent defendants.
(b) The treasurer shall remit the fees collected under this
section to the comptroller in the manner provided by Subchapter B.
The comptroller shall deposit the fees as provided by Subsection
(c).
(c) The comptroller shall:
(1) credit the remitted fees to the fair defense
account established under Section 71.058, Government Code, to be
used, subject to all requirements of Section 71.062, Government
Code, for demonstration or pilot projects that develop and promote
best practices for the efficient delivery of quality representation
to indigent defendants in criminal cases at trial, on appeal, and in
postconviction proceedings.
SECTION __. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.063 to read as follows:
Sec. 101.063. DISTRICT COURT FEES: ADDITIONAL FILING FEE
FOR SUPPORT OF INDIGENT DEFENDANT PROGRAMS. The clerk of a district
court shall collect on the filing of a civil suit an additional
filing fee of $5 under Section 133.155, Local Government Code, to be
used for support of indigent defendant programs.
SECTION __. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.084 to read as follows:
Sec. 101.084. STATUTORY COUNTY COURT FEES: ADDITIONAL
FILING FEE FOR SUPPORT OF INDIGENT DEFENDANT PROGRAMS. The clerk of
a statutory county court shall collect on the filing of a civil suit
an additional filing fee of $5 under Section 133.155, Local
Government Code, to be used for support of indigent defendant
programs.
SECTION __. Subchapter G, Chapter 101, Government Code, is
amended by adding Section 101.124 to read as follows:
Sec. 101.124. COUNTY COURT FEES: ADDITIONAL FILING FEE FOR
SUPPORT OF INDIGENT DEFENDANT PROGRAMS. The clerk of a county court
shall collect on the filing of a civil suit an additional filing fee
of $5 under Section 133.155, Local Government Code, to be used for
support of indigent defendant programs.
SECTION __. Subchapter B, Chapter 102, Government Code, is
amended by adding Section 102.023 to read as follows:
Sec. 102.023. COURT COST ON CONVICTION FOR SUPPORT OF
INDIGENT DEFENDANT PROGRAMS. A person convicted of any offense,
other than an offense relating to a pedestrian or the parking of a
motor vehicle, shall pay a cost on conviction of $2 under Section
133.107, Local Government Code.
SECTION __. The imposition of a cost of court under Section
133.107, Local Government Code, 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 __. This Act takes effect September 1, 2007.