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A BILL TO BE ENTITLED
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AN ACT
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relating to the assessment of court costs on conviction of a Class C |
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misdemeanor in certain justice courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 102.009, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 102.009. COURT COSTS IN CERTAIN COUNTIES. In counties |
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with a population of 100,000 [3.3 million] or more, the |
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commissioners court may set court costs for persons convicted of a |
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Class C misdemeanor in the justice courts. Court costs set as |
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provided by this article may not exceed $7 for each conviction. |
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SECTION 2. Section 102.101, Government Code, is amended to |
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read as follows: |
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Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN |
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JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice |
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court shall collect fees and costs under the Code of Criminal |
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Procedure on conviction of a 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 $3; |
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(4) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $4; |
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(5) a fee for technology fund on a misdemeanor offense |
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(Art. 102.0173, Code of Criminal Procedure) . . . $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; |
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(7) a fee on conviction of certain offenses involving |
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issuing or passing a subsequently dishonored check (Art. 102.0071, |
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Code of Criminal Procedure) . . . not to exceed $30; |
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(8) a court cost on conviction of a Class C misdemeanor |
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in a county with a population of 100,000 [3.3 million] or more, if |
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authorized by the county commissioners court (Art. 102.009, Code of |
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Criminal Procedure) . . . not to exceed $7; and |
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(9) 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 102.009, Code of Criminal Procedure, as |
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amended by this Act, or under Section 102.101, 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 justice court of an offense |
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committed on or after the effective date of an order of the |
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commissioners court of the county 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 September 1, 2011. |