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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a memorial sign account, the imposition |
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of a memorial sign fee on certain defendants, and the posting of |
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memorial signs for certain victims of alcohol or controlled |
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substance related vehicle accidents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0184 to read as |
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follows: |
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Art. 102.0184. ADDITIONAL COSTS ATTENDANT TO INTOXICATION |
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CONVICTIONS: MEMORIAL SIGNS. (a) In addition to other costs on |
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conviction imposed by this chapter, a person convicted of an |
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offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, |
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that involved the operating of a motor vehicle and resulted in the |
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death of another person shall pay a memorial sign fee not to exceed |
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$300 as a court cost on conviction of the offense. |
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(b) In this article, a person is considered convicted if: |
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(1) a sentence is imposed on the person; or |
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(2) the person is placed on community supervision. |
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(c) A clerk of the court shall collect the costs and pay them |
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to the comptroller for deposit to the credit of the memorial sign |
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account established under Section 201.9095, Transportation Code. |
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SECTION 2. Subchapter K, Chapter 201, Transportation Code, |
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is amended by adding Section 201.9095 to read as follows: |
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Sec. 201.9095. MEMORIAL SIGN ACCOUNT. The memorial sign |
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account is created as a dedicated account in the general revenue |
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fund of the state treasury. Money in the account may be |
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appropriated only to the Texas Department of Transportation to pay |
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costs incurred in posting memorial signs under Section 201.909. |
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SECTION 3. (a) Section 102.021, Government Code, is |
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amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th |
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Legislature, Regular Session, 2007, and is further amended to read |
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as follows: |
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Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL |
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PROCEDURE. A person convicted of an offense shall pay the following |
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under the Code of Criminal Procedure, in addition to all other |
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costs: |
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(1) court cost on conviction of any offense, other |
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than a conviction of an offense relating to a pedestrian or the |
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parking of a motor vehicle (Art. 102.0045, Code of Criminal |
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Procedure) . . . $4; |
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(2) a fee for services of prosecutor (Art. 102.008, |
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Code of Criminal Procedure) . . . $25; |
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(3) fees for services of peace officer: |
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(A) issuing a written notice to appear in court |
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for certain violations (Art. 102.011, Code of Criminal Procedure) |
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. . . $5; |
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(B) executing or processing an issued arrest |
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warrant, [or] capias, or capias pro fine (Art. 102.011, Code of |
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Criminal Procedure) . . . $50; |
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(C) summoning a witness (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(D) serving a writ not otherwise listed (Art. |
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102.011, Code of Criminal Procedure) . . . $35; |
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(E) taking and approving a bond and, if |
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necessary, returning the bond to courthouse (Art. 102.011, Code of |
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Criminal Procedure) . . . $10; |
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(F) commitment or release (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(G) summoning a jury (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(H) attendance of a prisoner in habeas corpus |
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case if prisoner has been remanded to custody or held to bail (Art. |
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102.011, Code of Criminal Procedure) . . . $8 each day; |
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(I) mileage for certain services performed (Art. |
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102.011, Code of Criminal Procedure) . . . $0.29 per mile; and |
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(J) services of a sheriff or constable who serves |
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process and attends examining trial in certain cases (Art. 102.011, |
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Code of Criminal Procedure) . . . not to exceed $5; |
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(4) services of a peace officer in conveying a witness |
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outside the county (Art. 102.011, Code of Criminal Procedure) . . . |
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$10 per day or part of a day, plus actual necessary travel expenses; |
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(5) overtime of peace officer for time spent |
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testifying in the trial or traveling to or from testifying in the |
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trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; |
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(6) court costs on an offense relating to rules of the |
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road, when offense occurs within a school crossing zone (Art. |
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102.014, Code of Criminal Procedure) . . . $25; |
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(7) court costs on an offense of passing a school bus |
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(Art. 102.014, Code of Criminal Procedure) . . . $25; |
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(8) court costs on an offense of truancy or |
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contributing to truancy (Art. 102.014, Code of Criminal Procedure) |
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. . . $20; |
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(9) cost for visual recording of intoxication arrest |
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before conviction (Art. 102.018, Code of Criminal Procedure) . . . |
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$15; |
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(10) cost of certain evaluations (Art. 102.018, Code |
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of Criminal Procedure) . . . actual cost; |
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(11) additional costs attendant to certain |
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intoxication convictions under Chapter 49, Penal Code, for |
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emergency medical services, trauma facilities, and trauma care |
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systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; |
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(12) additional costs attendant to certain child |
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sexual assault and related convictions, for child abuse prevention |
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programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; |
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(13) cost for DNA testing for certain felonies (Art. |
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102.020, Code of Criminal Procedure) . . . $250; |
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(14) court cost on an offense of public lewdness or |
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indecent exposure (Art. 102.020, Code of Criminal Procedure) . . . |
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$50; |
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(15) if required by the court, a restitution fee for |
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costs incurred in collecting restitution installments and for the |
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compensation to victims of crime fund (Art. 42.037, Code of |
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Criminal Procedure) . . . $12; [and] |
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(16) if directed by the justice of the peace or |
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municipal court judge hearing the case, court costs on conviction |
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in a criminal action (Art. 45.041, Code of Criminal Procedure) |
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. . . part or all of the costs as directed by the judge; |
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(17) costs attendant to convictions under Chapter 49, |
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Penal Code, and under Chapter 481, Health and Safety Code, to help |
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fund drug court programs established under Chapter 469, Health and |
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Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50; |
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and |
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(18) costs attendant to convictions of certain |
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offenses under Chapter 49, Penal Code, for the memorial sign |
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program under Section 201.909, Transportation Code (Art. 102.0184, |
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Code of Criminal Procedure) . . . not to exceed $300. |
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(b) Section 102.0215, Government Code, is repealed. |
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SECTION 4. The Texas Department of Transportation by rule |
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shall ensure that a memorial sign posted under Section 201.909, |
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Transportation Code, is released at the end of the one-year posting |
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period to the person who requested the posting under Subsection (d) |
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of that section, regardless of whether the person was required to |
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submit a fee to help defray the costs of posting. |
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SECTION 5. Article 102.0184, Code of Criminal Procedure, as |
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added by this Act, applies only to a cost on conviction for an |
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offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is covered |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 6. This Act takes effect September 1, 2009. |