BILL ANALYSIS

C.S.H.B. 777

By: Gonzalez, Naomi

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

A courthouse security fund provides funding to cover courthouse security costs such as metal detectors and x-ray machines, identification cards, electronic surveillance, locking mechanisms, alarm systems, bulletproof glass, and courthouse security personnel. The costs of providing courthouse security have steadily increased as a result of inflation and the increased costs of goods and services necessary to meet security demands.  However, the fees paid on conviction of certain defendants and deposited into the courthouse security fund have not reflected the increase. This has forced local taxpayers to bear the burden of the unfunded security costs, as counties receive less money from their courthouse security funds and must divert resources from other efforts. C.S.H.B. 777 seeks to address this issue by increasing security fee court costs imposed on defendants in certain courts.

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

C.S.H.B. 777 amends the Code of Criminal Procedure to increase from $5 to $10 the security fee a defendant is required to pay on conviction of a felony offense in a district court. The bill increases from $3 to $8 the security fee a defendant is required to pay on conviction of a misdemeanor offense in a county court, county court at law, or district court. The bill increases from $4 to $9 the security fee a defendant is required to pay on conviction of a misdemeanor offense in a justice court. The bill increases from $3 to $8 the security fee that the governing body of a municipality by ordinance is authorized to require a defendant to pay on conviction of a misdemeanor offense in a municipal court.

C.S.H.B. 777 amends the Government Code to make conforming changes. The bill makes the increases in security fees apply only to court costs imposed on conviction of an offense committed on or after January 1, 2012.

EFFECTIVE DATE

September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 777 contains a provision not included in the original increasing from $3 to $8 the security fee that the governing body of a municipality by ordinance is authorized to require a defendant convicted of a misdemeanor offense in a municipal court to pay and makes conforming changes to reflect that increase. The substitute differs from the original in nonsubstantive ways reflective of certain bill drafting conventions.