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A BILL TO BE ENTITLED
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AN ACT
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relating to fees for the mileage necessary for a peace officer to |
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perform certain services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 102.011(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) In addition to fees provided by Subsection (a) of this |
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article, a defendant required to pay fees under this article shall |
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also pay, at a rate equal to the state mileage reimbursement rate |
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specified in the General Appropriations Act, the costs of the [29
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cents per mile for] mileage required of an officer to perform a |
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service listed in this subsection and to return from performing |
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that service. If the service provided is the execution of a writ |
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and the writ is directed to two or more persons or the officer |
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executes more than one writ in a case, the defendant is required to |
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pay only mileage actually and necessarily traveled. In calculating |
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mileage, the officer must use the railroad or the most practical |
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route by private conveyance. The defendant shall also pay all |
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necessary and reasonable expenses for meals and lodging incurred by |
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the officer in the performance of services under this subsection, |
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to the extent such expenses meet the requirements of Section |
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611.001, Government Code. This subsection applies to: |
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(1) conveying a prisoner after conviction to the |
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county jail; |
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(2) conveying a prisoner arrested on a warrant or |
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capias issued in another county to the court or jail of the county; |
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and |
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(3) traveling to execute criminal process, to summon |
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or attach a witness, and to execute process not otherwise described |
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by this article. |
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SECTION 2. The change in law made by this Act applies only |
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to fees imposed for an offense committed on or after the effective |
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date of this Act. Fees imposed for an offense committed before the |
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effective date of this Act are covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |