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BILL ANALYSIS

 

 

 

H.B. 755

By: Gonzalez Toureilles

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

A law was enacted during the 74th Legislature, Regular Session, 1995, allowing certain courts to use computer technology to conduct court business in a more efficient manner.  Courts currently require new computer hardware, software, and court management systems to manage growing case loads, but the cost of this technology is continually rising.

 

H.B. 755 establishes a county and district court technology fund to be funded through fees collected by county, statutory county, and district court clerks.

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

 

H.B. 755 amends the Code of Criminal Procedure to create the county and district court technology fund.  The bill requires a defendant convicted of a criminal offense in a county court, statutory county court, or district court to pay a $4 county and district court technology fee as a cost of court and requires the clerks of those courts to collect the costs and pay them to the county treasurer or to any other official who discharges the duties commonly delegated to the county treasurer, as appropriate, for deposit in the county and district court technology fund.  The bill provides that a person is considered convicted for purposes of the fee if a sentence is imposed on the person, if the person receives community supervision, including deferred adjudication, or if the court defers final disposition of the person's case.  The bill authorizes a fund designated as a county and district court technology fund to be used only to finance the cost of continuing education and training for county court, statutory county court, or district court judges and clerks regarding technological enhancements for those courts and the purchase and maintenance of technological enhancements for those courts.  The bill requires the county and district court technology fund to be administered by or under the direction of the commissioners court of the county.

 

H.B. 755 amends Sections 102.041, 102.061, and 102.081, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to conform to the amendments made by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, and to include a county and district court technology fee of $4 among the fees and costs that a clerk of a district court, statutory county court, and county court, respectively, is required to collect on conviction of a defendant.

 

H.B. 755 repeals the following sections in the Government Code:

·         Section 102.041, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007

·         Section 102.061, as amended by Chapter 1053, Acts of the 80th Legislature, Regular Session, 2007

·         Section 102.081, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007

EFFECTIVE DATE

 

September 1, 2009.