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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the judicial access and |
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improvement account to provide funding for basic civil legal |
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services, indigent defense, and judicial technical support through |
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certain county service fees and court costs imposed to fund the |
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account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 22, Government Code, is |
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amended by adding Section 22.016 to read as follows: |
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Sec. 22.016. JUDICIAL ACCESS AND IMPROVEMENT ACCOUNT. (a) |
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The judicial access and improvement account is an account in the |
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general revenue fund. |
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(b) Subject to Subsection (d), money in the judicial access |
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and improvement account may be appropriated only as provided by |
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this section. An amount determined by the supreme court, which may |
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not exceed $13 million, shall annually be appropriated to the |
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supreme court to phase in electronic filing and retrieval in courts |
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in this state. The supreme court may use up to $1 million of the |
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appropriated money to provide state law library services. The |
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remainder of the money in the account shall be divided in equal |
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amounts and deposited to the credit of: |
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(1) the basic civil legal services account of the |
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judicial fund established under Section 51.943 for use in programs |
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approved by the supreme court that provide basic civil legal |
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services to indigents; and |
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(2) the fair defense account established under Section |
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71.058. |
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(c) The supreme court in consultation with the judicial |
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committee on information technology may enter into an agreement |
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with the Office of Court Administration of the Texas Judicial |
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System to implement the electronic filing and retrieval in courts |
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of this state authorized under Subsection (b), including acquiring |
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the necessary technology, software, and data storage. |
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(d) The comptroller may retain two percent of the money |
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remitted to the comptroller for deposit in the judicial access and |
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improvement account. The comptroller shall use the money to audit |
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fund balances and to ensure the timely deposit of money in accounts |
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as required by this section. |
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(e) Section 403.095 does not apply to money dedicated under |
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this section. |
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SECTION 2. Subchapter F, Chapter 102, Government Code, is |
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amended by adding Section 102.1035 to read as follows: |
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Sec. 102.1035. ADDITIONAL COURT COSTS ON CONVICTION IN |
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JUSTICE COURT: LOCAL GOVERNMENT CODE. A clerk of a justice court |
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shall collect from a defendant a court cost of $5 under Section |
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133.108, Local Government Code, on conviction of an offense, other |
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than an offense relating to a pedestrian or the parking of a motor |
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vehicle. |
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SECTION 3. Subchapter G, Chapter 102, Government Code, is |
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amended by adding Section 102.1215 to read as follows: |
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Sec. 102.1215. ADDITIONAL COURT COSTS ON CONVICTION IN |
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MUNICIPAL COURT: LOCAL GOVERNMENT CODE. A clerk of a municipal |
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court shall collect from a defendant a court cost of $5 under |
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Section 133.108, Local Government Code, on conviction of an |
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offense, other than an offense relating to a pedestrian or the |
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parking of a motor vehicle. |
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SECTION 4. Section 118.011, Local Government Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) In addition to any other fee collected under this |
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section, the county clerk of a county shall collect a document |
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recording fee of $4 at the time of the filing of a document in the |
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records of the office of the clerk. The clerk shall send the fee to |
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the comptroller for deposit as provided by Section 22.016, |
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Government Code, except the clerk may retain five percent of the |
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money collected as a fee under this subsection. |
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SECTION 5. Section 133.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 133.003. CRIMINAL FEES. This chapter applies to the |
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following criminal fees: |
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(1) the consolidated fee imposed under Section |
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133.102; |
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(2) the time payment fee imposed under Section |
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133.103; |
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(3) fees for services of peace officers employed by |
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the state imposed under Article 102.011, Code of Criminal |
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Procedure, and forwarded to the comptroller as provided by Section |
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133.104; |
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(4) costs on conviction imposed in certain statutory |
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county courts under Section 51.702, Government Code, and deposited |
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in the judicial fund; |
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(5) costs on conviction imposed in certain county |
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courts under Section 51.703, Government Code, and deposited in the |
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judicial fund; |
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(6) the administrative fee for failure to appear or |
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failure to pay or satisfy a judgment imposed under Section 706.006, |
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Transportation Code; |
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(7) fines on conviction imposed under Section |
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621.506(g), Transportation Code; |
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(8) the fee imposed under Article 102.0045, Code of |
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Criminal Procedure; |
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(9) the cost on conviction imposed under Section |
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133.105 and deposited in the judicial fund; [and] |
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(10) the cost on conviction imposed under Section |
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133.107; and |
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(11) the cost on conviction imposed under Section |
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133.108. |
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SECTION 6. Section 133.058, Local Government Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A municipality or county may retain five percent of |
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the money collected as a fee under Section 133.108. |
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SECTION 7. Subchapter C, Chapter 133, Local Government |
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Code, is amended by adding Section 133.108 to read as follows: |
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Sec. 133.108. FEE FOR JUDICIAL ACCESS AND IMPROVEMENT. (a) |
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A person convicted in a municipal or justice court of an offense, |
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other than an offense relating to a pedestrian or the parking of a |
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motor vehicle, shall pay as a court cost, in addition to other |
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costs, a fee of $5 to be used to fund basic civil legal services and |
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criminal defense for indigents and electronic filing in courts in |
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this state through the judicial access and improvement account |
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established under Section 22.016, Government Code. |
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(b) The treasurer shall remit the fees collected under this |
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section to the comptroller in the manner provided by Subchapter B. |
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The comptroller shall credit the remitted fees to the credit of the |
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judicial access and improvement account established under Section |
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22.016, Government Code. |
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SECTION 8. Notwithstanding any other provision of this Act, |
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if all the money in the judicial access and improvement account is |
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not appropriated in any state fiscal biennium for the purposes |
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provided by Section 22.016, Government Code, as added by this Act: |
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(1) the comptroller and the office of court |
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administration shall notify each county clerk and each clerk of a |
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justice or municipal court, as appropriate, not to assess fees and |
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court costs under Sections 102.1035 and 102.1215, Government Code, |
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as added by this Act, and Sections 118.011(g) and 133.108, Local |
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Government Code, as added by this Act, during the state fiscal |
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biennium; and |
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(2) a county clerk or clerk of a justice or municipal |
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court may not assess fees and court costs under Sections 102.1035 |
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and 102.1215, Government Code, as added by this Act, and Sections |
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118.011(g) and 133.108, Local Government Code, as added by this |
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Act, during the state fiscal biennium. |
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SECTION 9. (a) Section 51.607, Government Code, does not |
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apply to the imposition of a court cost or fee under this Act. |
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(b) The change in law made by this Act applies only to: |
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(1) court costs imposed on conviction of an offense |
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committed on or after: |
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(A) September 1, 2011, if this Act receives a |
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vote of two-thirds of all members elected to each house as required |
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for immediate effect; or |
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(B) January 1, 2012, if this Act takes effect |
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September 1, 2011; and |
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(2) fees imposed for services rendered by a county |
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clerk on or after September 1, 2011. |
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(c) For purposes of Subsection (b)(1) of this section, an |
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offense is committed before the date specified in Subsection (b)(1) |
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if any element of the offense occurs before that date. Court costs |
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imposed on conviction of an offense committed before that date are |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |