81R3148 KCR-D | ||
By: Gonzalez Toureilles, Cook, Homer | H.B. No. 755 |
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relating to the creation of the county and district court | ||
technology fund; imposing a fee. | ||
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 102.0169 to read as | ||
follows: | ||
Art. 102.0169. COURT COSTS; COUNTY AND DISTRICT COURT | ||
TECHNOLOGY FUND. (a) A defendant convicted of a criminal offense in | ||
a county court, statutory county court, or district court shall pay | ||
a $4 county and district court technology fee as a cost of court. | ||
(b) In this article, a person is considered convicted if: | ||
(1) a sentence is imposed on the person; | ||
(2) the person receives community supervision, | ||
including deferred adjudication; or | ||
(3) the court defers final disposition of the person's | ||
case. | ||
(c) The clerks of the courts described by Subsection (a) | ||
shall 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 a fund to be | ||
known as the county and district court technology fund. | ||
(d) A fund designated by this article may be used only to | ||
finance: | ||
(1) 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 | ||
(2) the purchase and maintenance of technological | ||
enhancements for a county court, statutory county court, or | ||
district court, including: | ||
(A) computer systems; | ||
(B) computer networks; | ||
(C) computer hardware; | ||
(D) computer software; | ||
(E) imaging systems; | ||
(F) electronic kiosks; and | ||
(G) docket management systems. | ||
(e) The county and district court technology fund shall be | ||
administered by or under the direction of the commissioners court | ||
of the county. | ||
SECTION 2. (a) Section 102.041, Government Code, as | ||
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, | ||
Regular Session, 2007, is amended to conform to the amendments made | ||
by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular | ||
Session, 2007, to Section 102.041, Government Code, and is further | ||
amended to read as follows: | ||
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN | ||
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district | ||
court shall collect fees and costs under the Code of Criminal | ||
Procedure on conviction of a defendant as follows: | ||
(1) a jury fee (Art. 102.004, Code of Criminal | ||
Procedure) . . . $20; | ||
(2) a fee for clerk of the court services (Art. | ||
102.005, Code of Criminal Procedure) . . . $40; | ||
(3) a records management and preservation services fee | ||
(Art. 102.005, Code of Criminal Procedure) . . . $25; | ||
(4) a county and district court technology fee (Art. | ||
102.0169, Code of Criminal Procedure). . .$4; | ||
(5) a security fee on a felony offense (Art. 102.017, | ||
Code of Criminal Procedure) . . . $5; | ||
(6) [ |
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(Art. 102.017, Code of Criminal Procedure) . . . $3; and | ||
(7) [ |
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graffiti eradication fee (Art. 102.0171, Code of Criminal | ||
Procedure) . . . $50 [ |
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(b) Section 102.041, Government Code, as amended by Chapter | ||
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, | ||
2007, is repealed. Section 102.041, Government Code, as amended by | ||
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular | ||
Session, 2007, to reorganize and renumber that section, continues | ||
in effect as further amended by this section. | ||
SECTION 3. (a) Section 102.061, Government Code, as | ||
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th | ||
Legislature, Regular Session, 2007, is amended to conform to the | ||
amendments made to Section 102.061, Government Code, by Chapter | ||
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, | ||
2007, and is further amended to read as follows: | ||
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN | ||
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a | ||
statutory county court shall collect fees and costs under the Code | ||
of Criminal Procedure on conviction of a defendant as follows: | ||
(1) a jury fee (Art. 102.004, Code of Criminal | ||
Procedure) . . . $20; | ||
(2) a fee for services of the clerk of the court (Art. | ||
102.005, Code of Criminal Procedure) . . . $40; | ||
(3) a records management and preservation services fee | ||
(Art. 102.005, Code of Criminal Procedure) . . . $25; | ||
(4) a county and district court technology fee (Art. | ||
102.0169, Code of Criminal Procedure). . .$4; | ||
(5) a security fee on a misdemeanor offense (Art. | ||
102.017, Code of Criminal Procedure) . . . $3; | ||
(6) [ |
||
graffiti eradication fee (Art. 102.0171, Code of Criminal | ||
Procedure) . . . $50 [ |
||
(7) [ |
||
Code of Criminal Procedure) . . . not to exceed $5. | ||
(b) Section 102.061, Government Code, as amended by Chapter | ||
1053, Acts of the 80th Legislature, Regular Session, 2007, is | ||
repealed. Section 102.061, Government Code, as reenacted and | ||
amended by Chapter 921, Acts of the 80th Legislature, Regular | ||
Session, 2007, to reorganize and renumber that section, continues | ||
in effect as further amended by this section. | ||
SECTION 4. (a) Section 102.081, Government Code, as | ||
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, | ||
Regular Session, 2007, is amended to conform to the amendments made | ||
to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), | ||
Acts of the 80th Legislature, Regular Session, 2007, and is further | ||
amended to read as follows: | ||
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN | ||
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county | ||
court shall collect fees and costs under the Code of Criminal | ||
Procedure on conviction of a defendant as follows: | ||
(1) a jury fee (Art. 102.004, Code of Criminal | ||
Procedure) . . . $20; | ||
(2) a fee for clerk of the court services (Art. | ||
102.005, Code of Criminal Procedure) . . . $40; | ||
(3) a records management and preservation services fee | ||
(Art. 102.005, Code of Criminal Procedure) . . . $25; | ||
(4) a county and district court technology fee (Art. | ||
102.0169, Code of Criminal Procedure). . .$4; | ||
(5) a security fee on a misdemeanor offense (Art. | ||
102.017, Code of Criminal Procedure) . . . $3; | ||
(6) [ |
||
graffiti eradication fee (Art. 102.0171, Code of Criminal | ||
Procedure) . . . $50 [ |
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(7) [ |
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Code of Criminal Procedure) . . . not to exceed $5. | ||
(b) Section 102.081, Government Code, as amended by Chapter | ||
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, | ||
2007, is repealed. Section 102.081, Government Code, as amended by | ||
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular | ||
Session, 2007, to reorganize and renumber that section, continues | ||
in effect as further amended by this section. | ||
SECTION 5. 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 occurred before that date. | ||
SECTION 6. This Act takes effect September 1, 2009. |