82R1290 JSC-D

By: Raymond H.B. No. 152

A BILL TO BE ENTITLED

AN ACT

relating to the fees collected by prosecutors for collection and

processing of certain checks or similar sight orders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 102.007(c), Code of Criminal Procedure,

is amended to read as follows:

(c) The amount of the fee may not exceed:

(1) $20 [$10] if the face amount of the check or sight

order does not exceed $10;

(2) $30 [$15] if the face amount of the check or sight

order is greater than $10 but does not exceed $100;

(3) $55 [$30] if the face amount of the check or sight

order is greater than $100 but does not exceed $300;

(4) $100 [$50] if the face amount of the check or sight

order is greater than $300 but does not exceed $500; [and]

(5) $150 [$75] if the face amount of the check or sight

order is greater than $500 but does not exceed $1,000;

(6) $350 if the face amount of the check or sight order

is greater than $1,000 but does not exceed $5,000;

(7) $475 if the face amount of the check or sight order

is greater than $5,000 but does not exceed $10,000;

(8) $675 if the face amount of the check or sight order

is greater than $10,000 but does not exceed $30,000;

(9) $800 if the face amount of the check or sight order

is greater than $30,000 but does not exceed $50,000; and

(10) $1,000 if the face amount of the check or sight

order is greater than $50,000.

SECTION 2. Section 103.021, Government Code, is amended to

read as follows:

Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR

CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or

defendant, or a party to a civil suit, as applicable, shall pay the

following fees and costs under the Code of Criminal Procedure if

ordered by the court or otherwise required:

(1) a personal bond fee (Art. 17.42, Code of Criminal

Procedure) . . . the greater of $20 or three percent of the amount

of the bail fixed for the accused;

(2) cost of electronic monitoring as a condition of

release on personal bond (Art. 17.43, Code of Criminal Procedure)

. . . actual cost;

(3) a fee for verification of and monitoring of motor

vehicle ignition interlock (Art. 17.441, Code of Criminal

Procedure) . . . not to exceed $10;

(4) repayment of reward paid by a crime stoppers

organization on conviction of a felony (Art. 37.073, Code of

Criminal Procedure) . . . amount ordered;

(5) reimbursement to general revenue fund for payments

made to victim of an offense as condition of community supervision

(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50

for a misdemeanor offense or $100 for a felony offense;

(6) payment to a crime stoppers organization as

condition of community supervision (Art. 42.12, Code of Criminal

Procedure) . . . not to exceed $50;

(7) children's advocacy center fee (Art. 42.12, Code

of Criminal Procedure) . . . not to exceed $50;

(8) family violence center fee (Art. 42.12, Code of

Criminal Procedure) . . . $100;

(9) community supervision fee (Art. 42.12, Code of

Criminal Procedure) . . . not less than $25 or more than $60 per

month;

(10) additional community supervision fee for certain

offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per

month;

(11) for certain financially able sex offenders as a

condition of community supervision, the costs of treatment,

specialized supervision, or rehabilitation (Art. 42.12, Code of

Criminal Procedure) . . . all or part of the reasonable and

necessary costs of the treatment, supervision, or rehabilitation as

determined by the judge;

(12) fee for failure to appear for trial in a justice

or municipal court if a jury trial is not waived (Art. 45.026, Code

of Criminal Procedure) . . . costs incurred for impaneling the

jury;

(13) costs of certain testing, assessments, or

programs during a deferral period (Art. 45.051, Code of Criminal

Procedure) . . . amount ordered;

(14) special expense on dismissal of certain

misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)

. . . not to exceed amount of fine assessed;

(15) an additional fee:

(A) for a copy of the defendant's driving record

to be requested from the Department of Public Safety by the judge

(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal

to the sum of the fee established by Section 521.048,

Transportation Code, and the TexasOnline fee;

(B) as an administrative fee for requesting a

driving safety course or a course under the motorcycle operator

training and safety program for certain traffic offenses to cover

the cost of administering the article (Art. 45.0511(f)(1), Code of

Criminal Procedure) . . . not to exceed $10; or

(C) for requesting a driving safety course or a

course under the motorcycle operator training and safety program

before the final disposition of the case (Art. 45.0511(f)(2), Code

of Criminal Procedure) . . . not to exceed the maximum amount of the

fine for the offense committed by the defendant;

(16) a request fee for teen court program

(Art. 45.052, Code of Criminal Procedure) . . . $20, if the court

ordering the fee is located in the Texas-Louisiana border region,

but otherwise not to exceed $10;

(17) a fee to cover costs of required duties of teen

court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the

court ordering the fee is located in the Texas-Louisiana border

region, but otherwise $10;

(18) a mileage fee for officer performing certain

services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per

mile;

(19) certified mailing of notice of hearing date

(Art. 102.006, Code of Criminal Procedure) . . . $1, plus postage;

(20) certified mailing of certified copies of an order

of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,

plus postage;

(20-a) a fee to defray the cost of notifying state

agencies of orders of expungement (Art. 45.0216, Code of Criminal

Procedure) . . . $30 per application;

(20-b) a fee to defray the cost of notifying state

agencies of orders of expunction (Art. 45.055, Code of Criminal

Procedure) . . . $30 per application;

(21) sight orders:

(A) if the face amount of the check or sight order

does not exceed $10 (Art. 102.007, Code of Criminal Procedure)

. . . not to exceed $20 [$10];

(B) if the face amount of the check or sight order

is greater than $10 but does not exceed $100 (Art. 102.007, Code of

Criminal Procedure) . . . not to exceed $30 [$15];

(C) if the face amount of the check or sight order

is greater than $100 but does not exceed $300 (Art. 102.007, Code of

Criminal Procedure) . . . not to exceed $55 [$30];

(D) if the face amount of the check or sight order

is greater than $300 but does not exceed $500 (Art. 102.007, Code of

Criminal Procedure) . . . not to exceed $100 [$50]; [and]

(E) if the face amount of the check or sight order

is greater than $500 but does not exceed $1,000 (Art. 102.007, Code

of Criminal Procedure) . . . not to exceed $150 [$75];

(F) if the face amount of the check or sight order

is greater than $1,000 but does not exceed $5,000 (Art. 102.007,

Code of Criminal Procedure) . . . not to exceed $350;

(G) if the face amount of the check or sight order

is greater than $5,000 but does not exceed $10,000 (Art. 102.007,

Code of Criminal Procedure) . . . not to exceed $475;

(H) if the face amount of the check or sight order

is greater than $10,000 but does not exceed $30,000 (Art. 102.007,

Code of Criminal Procedure) . . . not to exceed $675;

(I) if the face amount of the check or sight order

is greater than $30,000 but does not exceed $50,000 (Art. 102.007,

Code of Criminal Procedure) . . . not to exceed $800; and

(J) if the face amount of the check or sight order

is greater than $50,000 (Art. 102.007, Code of Criminal Procedure)

. . . not to exceed $1,000;

(22) fees for a pretrial intervention program:

(A) a supervision fee (Art. 102.012(a), Code of

Criminal Procedure) . . . $60 a month plus expenses; and

(B) a district attorney, criminal district

attorney, or county attorney administrative fee (Art. 102.0121,

Code of Criminal Procedure) . . . not to exceed $500;

(23) parking fee violations for child safety fund in

municipalities with populations:

(A) greater than 850,000 (Art. 102.014, Code of

Criminal Procedure) . . . not less than $2 and not to exceed $5; and

(B) less than 850,000 (Art. 102.014, Code of

Criminal Procedure) . . . not to exceed $5;

(24) an administrative fee for collection of fines,

fees, restitution, or other costs (Art. 102.072, Code of Criminal

Procedure) . . . not to exceed $2 for each transaction; and

(25) a collection fee, if authorized by the

commissioners court of a county or the governing body of a

municipality, for certain debts and accounts receivable, including

unpaid fines, fees, court costs, forfeited bonds, and restitution

ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30

percent of an amount more than 60 days past due.

SECTION 3. The change in law made by this Act applies only

to a check or sight order issued or passed on or after the effective

date of this Act. A check or sight order issued or passed before the

effective date of this Act is covered by the law in effect at the

time of issuance or passing of the check or sight order, and the

former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2011.