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A BILL TO BE ENTITLED
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AN ACT
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relating to the programs that a justice or municipal court may |
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require a juvenile offender to attend and to the payment of related |
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program costs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 45.057(b) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b) On a finding by a justice or municipal court that a child |
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committed an offense that the court has jurisdiction of under |
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Article 4.11 or 4.14, the court has jurisdiction to enter an order: |
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(1) referring the child or the child's parent for |
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services under Section 264.302, Family Code; |
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(2) requiring that the child attend a special program |
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that the court determines to be in the best interest of the child |
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and, if the program involves the expenditure of municipal or county |
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funds, that is approved by the governing body of the municipality or |
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county commissioners court, as applicable, including a |
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rehabilitation, counseling, self-esteem and leadership, work and |
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job skills training, job interviewing and work preparation, |
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self-improvement, parenting, manners, violence avoidance, |
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tutoring, sensitivity training, parental responsibility, community |
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service, restitution, advocacy, or mentoring program; or |
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(3) requiring that the child's parent do any act or |
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refrain from doing any act that the court determines will increase |
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the likelihood that the child will comply with the orders of the |
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court and that is reasonable and necessary for the welfare of the |
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child, including: |
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(A) attend a parenting class or parental |
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responsibility program; and |
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(B) attend the child's school classes or |
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functions. |
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(c) The justice or municipal court may order the parent, |
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managing conservator, or guardian of a child required to attend a |
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special program under Subsection (b) to pay an amount not greater |
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than $250 [$100] to pay for the costs of the program. |
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SECTION 2. Section 101.141(b), Government Code, is amended |
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to read as follows: |
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(b) A clerk of a justice court shall collect fees and costs |
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under other laws as follows: |
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(1) the cost of a special program that a court may |
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order a child to attend after a finding that the child committed an |
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offense, if ordered by the court (Art. 45.057, Code of Criminal |
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Procedure) . . . costs of the program not to exceed $250 [$100]; |
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(2) additional filing fees: |
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(A) to fund Dallas County civil court facilities |
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(Sec. 51.705, Government Code) . . . not more than $15; |
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(B) for filing any civil action or proceeding |
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requiring a filing fee, including an appeal, and on the filing of |
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any counterclaim, cross-action, intervention, interpleader, or |
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third-party action requiring a filing fee, to fund civil legal |
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services for the indigent (Sec. 133.153, Local Government Code) |
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. . . $6; and |
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(C) to fund the improvement of Hays County court |
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facilities, if authorized by the county commissioners court (Sec. |
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51.707, Government Code) . . . not more than $15; |
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(3) for filing a suit in Comal County (Sec. 152.0522, |
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Human Resources Code) . . . $1.50; and |
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(4) fee for hearing on probable cause for removal of a |
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vehicle and placement in a storage facility if assessed by the court |
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(Sec. 2308.457, Occupations Code) . . . $20. |
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SECTION 3. Section 101.161, Government Code, is amended to |
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read as follows: |
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Sec. 101.161. MUNICIPAL COURT FEES AND COSTS. The clerk of |
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a municipal court shall collect: |
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(1) a fee for a hearing on probable cause for removal |
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of a vehicle and placement in a storage facility if assessed by the |
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court (Sec. 2308.457, Occupations Code) . . . $20; and |
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(2) the cost of a special program that a court may |
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order a child to attend after finding that the child committed an |
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offense, if ordered by the court (Art. 45.057, Code of Criminal |
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Procedure) . . . costs of the program not to exceed $250 [$100]. |
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SECTION 4. Section 101.181, Government Code, is amended to |
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read as follows: |
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Sec. 101.181. MUNICIPAL COURTS OF RECORD FEES AND COSTS. |
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The clerk of a municipal court of record shall collect the following |
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fees and costs: |
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(1) from an appellant, a fee for preparation of the |
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clerk's record (Sec. 30.00014, Government Code) . . . $25; |
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(2) from an appellant in the City of El Paso, an |
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appellate court docket fee (Sec. 30.00147, Government Code) . . . |
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$25; and |
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(3) the cost of a special program that a court may |
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order a child to attend after finding that the child committed an |
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offense, if ordered by the court (Art. 45.057, Code of Criminal |
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Procedure) . . . costs of the program, not to exceed $250 [$100]. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 6. This Act takes effect September 1, 2011. |