81(R) HB 4061 - 3rd reading 3 (H)



	Amend HB 4061, on third reading, as follows:                                 
	(1)  Add the following appropriately numbered SECTIONS to 
the bill and renumber subsequent SECTIONS of the bill accordingly:
	SECTION ____.  Subchapter A, Chapter 102, Code of Criminal 
Procedure, is amended by adding Article 102.0184 to read as 
follows:
	Art. 102.0184.  ADDITIONAL COSTS ATTENDANT TO INTOXICATION 
CONVICTIONS:  MEMORIAL SIGNS.  (a)  In addition to other costs on 
conviction imposed by this chapter, a person convicted of an 
offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, 
that involved the operating of a motor vehicle and resulted in the 
death of another person shall pay a memorial sign fee not to exceed 
$300 as a court cost on conviction of the offense.
	(b)  In this article, a person is considered convicted if:              
		(1)  a sentence is imposed on the person; or                           
		(2)  the person is placed on community supervision.                    
	(c)  A clerk of the court shall collect the costs and pay them 
to the comptroller for deposit to the credit of the memorial sign 
account established under Section 201.9095, Transportation Code.
	SECTION ____.  Subchapter K, Chapter 201, Transportation 
Code, is amended by adding Section 201.9095 to read as follows:
	Sec. 201.9095.  MEMORIAL SIGN ACCOUNT.  The memorial sign 
account is created as a dedicated account in the general revenue 
fund of the state treasury.  Money in the account may be 
appropriated only to the Texas Department of Transportation to pay 
costs incurred in posting memorial signs under Section 201.909.
	SECTION ____.  (a)  Section 102.021, Government Code, is 
amended to conform to Chapter 1263 (HB 3060), Acts of the 80th 
Legislature, Regular Session, 2007, and is further amended to read 
as follows:
	Sec. 102.021.  COURT COSTS ON CONVICTION: CODE OF CRIMINAL 
PROCEDURE.  A person convicted of an offense shall pay the following 
under the Code of Criminal Procedure, in addition to all other 
costs:
		(1)  court cost on conviction of any offense, other 
than a conviction of an offense relating to a pedestrian or the 
parking of a motor vehicle (Art. 102.0045, Code of Criminal 
Procedure) . . . $4;
		(2)  a fee for services of prosecutor (Art. 102.008, 
Code of Criminal Procedure) . . . $25;
		(3)  fees for services of peace officer:                                      
			(A)  issuing a written notice to appear in court 
for certain violations (Art. 102.011, Code of Criminal Procedure) 
. . . $5;
			(B)  executing or processing an issued arrest 
warrant, [or] capias, or capias pro fine (Art. 102.011, Code of 
Criminal Procedure) . . . $50;
			(C)  summoning a witness (Art. 102.011, Code of 
Criminal Procedure) . . . $5;
			(D)  serving a writ not otherwise listed (Art. 
102.011, Code of Criminal Procedure) . . . $35;
			(E)  taking and approving a bond and, if 
necessary, returning the bond to courthouse (Art. 102.011, Code of 
Criminal Procedure) . . . $10;
			(F)  commitment or release (Art. 102.011, Code of 
Criminal Procedure) . . . $5;
			(G)  summoning a jury (Art. 102.011, Code of 
Criminal Procedure) . . . $5; 
			(H)  attendance of a prisoner in habeas corpus 
case if prisoner has been remanded to custody or held to bail (Art. 
102.011, Code of Criminal Procedure) . . . $8 each day;
			(I)  mileage for certain services performed (Art. 
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
			(J)  services of a sheriff or constable who serves 
process and attends examining trial in certain cases (Art. 102.011, 
Code of Criminal Procedure) . . . not to exceed $5;
		(4)  services of a peace officer in conveying a witness 
outside the county (Art. 102.011, Code of Criminal Procedure) . . . 
$10 per day or part of a day, plus actual necessary travel expenses;
		(5)  overtime of peace officer for time spent 
testifying in the trial or traveling to or from testifying in the 
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
		(6)  court costs on an offense relating to rules of the 
road, when offense occurs within a school crossing zone (Art. 
102.014, Code of Criminal Procedure) . . . $25;
		(7)  court costs on an offense of passing a school bus 
(Art. 102.014, Code of Criminal Procedure) . . . $25;
		(8)  court costs on an offense of truancy or 
contributing to truancy (Art. 102.014, Code of Criminal Procedure) 
. . . $20;
		(9)  cost for visual recording of intoxication arrest 
before conviction (Art. 102.018, Code of Criminal Procedure) . . . 
$15;
		(10)  cost of certain evaluations (Art. 102.018, Code 
of Criminal Procedure) . . . actual cost;
		(11)  additional costs attendant to certain 
intoxication convictions under Chapter 49, Penal Code, for 
emergency medical services, trauma facilities, and trauma care 
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
		(12)  additional costs attendant to certain child 
sexual assault and related convictions, for child abuse prevention 
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
		(13)  cost for DNA testing for certain felonies (Art. 
102.020, Code of Criminal Procedure) . . . $250;
		(14)  court cost on an offense of public lewdness or 
indecent exposure (Art. 102.020, Code of Criminal Procedure) . . . 
$50;
		(15)  if required by the court, a restitution fee for 
costs incurred in collecting restitution installments and for the 
compensation to victims of crime fund (Art. 42.037, Code of 
Criminal Procedure) . . . $12; [and]
		(16)  if directed by the justice of the peace or 
municipal court judge hearing the case, court costs on conviction 
in a criminal action (Art. 45.041, Code of Criminal Procedure) 
. . . part or all of the costs as directed by the judge;
		(17)  costs attendant to convictions under Chapter 49, 
Penal Code, and under Chapter 481, Health and Safety Code, to help 
fund drug court programs established under Chapter 469, Health and 
Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50; 
and
		(18)  costs attendant to convictions of certain 
offenses under Chapter 49, Penal Code, for the memorial sign 
program under Section 201.909, Transportation Code (Art. 102.0184, 
Code of Criminal Procedure) . . . not to exceed $300.
	(b)  Section 102.0215, Government Code, is repealed.                           
	SECTION ____.  The Texas Department of Transportation by 
rule shall ensure that a memorial sign posted under Section 
201.909, Transportation Code, is released at the end of the 
one-year posting period to the person who requested the posting 
under Subsection (d) of that section, regardless of whether the 
person was required to submit a fee to help defray the costs of 
posting.
	SECTION ____.  Article 102.0184, Code of Criminal Procedure, 
as added by this Act, applies only to a cost on conviction for 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.
	(2)  On page 11, lines 23 and 24 (second reading 
engrossment), strike "provided by Subsection (b) of this section, 
the change in law made by this Act applies" and substitute 
"otherwise provided by this Act, the changes in law made by this Act 
apply".