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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 court record preservation fund; |
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imposing a fee. |
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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 102.0091 to read as |
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follows: |
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Art. 102.0091. COURT COSTS; COURT RECORD PRESERVATION FUND. |
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(a) In a county that is adjacent to the Gulf of Mexico and adjacent |
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to a county with a population of 3.3 million or more, a defendant |
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convicted of a criminal offense in a county court, statutory county |
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court, or district court shall pay a court record preservation fee |
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not to exceed $10 as a cost of court. |
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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; |
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(2) the person receives community supervision, |
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including deferred adjudication community supervision; or |
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(3) the court defers final disposition of the person's |
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case. |
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(c) The clerks of the courts described by Subsection (a) |
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shall collect the costs and pay them to the county treasurer or to |
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any other official who discharges the duties commonly delegated to |
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the county treasurer, as appropriate, for deposit in a fund to be |
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known as the court record preservation fund. |
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(d) A fund designated by this article may be used only to |
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digitize court records and preserve the records from natural |
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disasters. |
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(e) The court record preservation fund shall be |
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administered by or under the direction of the commissioners court |
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of the county. |
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SECTION 2. Subchapter C, Chapter 102, Government Code, is |
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amended by adding Section 102.0411 to read as follows: |
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Sec. 102.0411. COURT RECORD PRESERVATION FEE ON CONVICTION |
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IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
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district court shall collect from a defendant a court record |
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preservation fee not to exceed $10 under Article 102.0091, Code of |
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Criminal Procedure, on conviction. |
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SECTION 3. Subchapter D, Chapter 102, Government Code, is |
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amended by adding Section 102.0611 to read as follows: |
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Sec. 102.0611. COURT RECORD PRESERVATION FEE ON CONVICTION |
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IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk |
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of a statutory county court shall collect from a defendant a court |
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record preservation fee not to exceed $10 under Article 102.0091, |
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Code of Criminal Procedure, on conviction. |
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SECTION 4. Subchapter E, Chapter 102, Government Code, is |
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amended by adding Section 102.0811 to read as follows: |
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Sec. 102.0811. COURT RECORD PRESERVATION FEE ON CONVICTION |
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IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county |
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court shall collect from a defendant a court record preservation |
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fee not to exceed $10 under Article 102.0091, Code of Criminal |
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Procedure, on conviction. |
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SECTION 5. The change in law made by this Act applies only |
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to a cost on conviction for an offense committed on or after the |
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effective date of this Act. A cost on conviction for an offense |
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committed before the effective date of this Act is covered by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2009. |