80R16750 JRH-D
 
  By: Gonzalez Toureilles H.B. No. 3858
 
Substitute the following for H.B. No. 3858:
 
  By:  Pena C.S.H.B. No. 3858
 
A BILL TO BE ENTITLED
AN ACT
relating to a court cost to support the collection of fees, fines,
or court costs in criminal cases.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0175 to read as
follows:
       Art. 102.0175.  COURT COSTS; COLLECTION FINE. (a) The
governing body of a county or municipality by order or ordinance may
require a defendant who is delinquent in paying a court cost on
conviction to pay as an additional court cost a fine of $50 to be
used to support the collection of fees, fines, or costs of court in
criminal cases. The court cost under this subsection shall be
collected in the same manner that other fines and costs in the case
are collected.
       (b)  Any ordinance or order must authorize a judge or justice
to waive the fine in a case of financial hardship.
       (c)  In this article, a defendant is considered to be
delinquent in paying a court cost on conviction if the defendant
does not pay the court cost before the 60th day after the date the
cost was due.
       SECTION 2.  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 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 3.  This Act takes effect September 1, 2007.