BILL ANALYSIS

C.S.H.B. 666

By: Gutierrez

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Current law provides for a court cost of $50 on the conviction of certain intoxication and drug offenses punishable as a Class B misdemeanor or higher.

C.S.H.B. 666 increases the court cost to $60 and imposes the court cost on any conviction of an offense punishable as a Class B misdemeanor or higher under certain provisions of the Penal Code and the Texas Controlled Substances Act to help fund drug court programs.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 666 amends the Code of Criminal Procedure to increase from $50 to $60 the court cost that a person is required to pay to help fund drug court programs on conviction of an offense that is punishable as a Class B misdemeanor or any higher category of offense and that is an assaultive offense, an offense against the family, an offense of arson, criminal mischief, or other property damage or destruction, a robbery offense, a burglary or criminal trespass offense, a theft offense, a fraud offense, an offense involving weapons, an intoxication and alcoholic beverage offense, or an offense under the Texas Controlled Substances Act.

C.S.H.B. 666 amends Section 102.021, Government Code, to conform to Chapter 1263 (H.B. 3060), Acts of the 80th Legislature, Regular Session, 2007, relating to the payment of a $50 court cost for executing or processing an issued capias pro fine and further amends the Government Code to make conforming changes.  The bill specifies that to the extent of any conflict, this bill prevails over another Act of the 81st Legislature, Regular Session, 2009, relating to nonsubstantive additions to and corrections in enacted codes.

C.S.H.B. 666 repeals Section 102.0215, Government Code.

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 666 differs from the original, in the provision increasing the court cost a person is required to pay to help fund drug court programs on conviction of an offense punishable as a Class B misdemeanor or any higher category of offense, by adding the requirement that the offense be classified as an assault, an offense, an offense against the family, arson, criminal mischief, or other property damage or destruction, robbery, burglary or criminal trespass, theft, fraud, an offense involving weapons, an intoxication or alcoholic beverage offense, or an offense under the Texas Controlled Substances Act.

C.S.H.B. 666 adds a provision not in the original that specifies that, to the extent of any conflict, the substitute prevails over another Act of the 81st Legislature, Regular Session, 2009, relating to nonsubstantive additions to and corrections in enacted codes.