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A BILL TO BE ENTITLED
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AN ACT
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relating to court costs imposed on conviction and deposited to the |
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municipal court building security fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 102.017(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) A defendant convicted of a misdemeanor offense in a |
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county court, county court at law, or district court shall pay a $3 |
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security fee as a cost of court. A defendant convicted of a |
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misdemeanor offense in a justice court shall pay a $4 security fee |
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as a cost of court. The governing body of a municipality by |
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ordinance may create a municipal court building security fund and |
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may require a defendant convicted of a misdemeanor offense in a |
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municipal court to pay a $4 [$3] security fee as a cost of court. |
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SECTION 2. Section 102.121, Government Code, is amended to |
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read as follows: |
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Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN |
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MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
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municipal court shall collect fees and costs on conviction of a |
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defendant as follows: |
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(1) a jury fee (Art. 102.004, Code of Criminal |
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Procedure) . . . $3; |
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(2) a fee for withdrawing request for jury less than 24 |
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hours before time of trial (Art. 102.004, Code of Criminal |
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Procedure) . . . $3; |
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(3) a jury fee for two or more defendants tried jointly |
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(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of |
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$3; |
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(4) a security fee on a misdemeanor offense |
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(Art. 102.017, Code of Criminal Procedure) . . . $4 [$3]; |
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(5) a fee for technology fund on a misdemeanor offense |
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(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; |
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(6) a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure) . . . not to exceed $5; and |
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(7) a civil justice fee (Art. 102.022, Code of |
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Criminal Procedure) . . . $0.10. |
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SECTION 3. (a) Section 51.607, Government Code, does not |
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apply to the imposition or change in the amount of a court cost |
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assessed under Article 102.017(b), Code of Criminal Procedure, as |
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amended by this Act, or under Section 102.121, Government Code, as |
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amended by this Act. |
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(b) The change in law made by this Act applies only to court |
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costs imposed on conviction in a municipal court of an offense |
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committed on or after the effective date of an ordinance of the |
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governing body of the municipality that requires a defendant |
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convicted of the offense to pay the cost. Court costs imposed on |
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conviction of an offense committed before that date are governed by |
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the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |