81R6234 GCB-F
 
  By: Brown of Kaufman H.B. No. 985
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a memorial sign account, the imposition
  of a memorial sign fee on certain defendants, and the posting of
  memorial signs for certain victims of alcohol or controlled
  substance related vehicle accidents.
         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 102.0184 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;
               (2)  the person is placed on community supervision,
  including deferred adjudication community supervision; or
               (3)  the court defers final disposition of the person's
  case.
         (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 2.  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 3.  (a)  Section 102.021, Government Code, is
  amended to conform to Chapter 1263 (H.B. 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 4.  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 5.  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.
         SECTION 6.  This Act takes effect September 1, 2009.