By: West S.B. No. 1233
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the promotion of efficiencies in and the administration
  of certain county services and functions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.31 to read as follows:
         Art. 2.31.  COUNTY JAILERS. A jailer licensed under Chapter
  1701, Occupations Code, may execute lawful process issued to the
  jailer by any magistrate or court on a person confined in the jail
  at which the jailer is employed to the same extent that a peace
  officer is authorized to execute process under Article 2.13(b)(2),
  including:
               (1)  a warrant under Chapter 15, 17, or 18;
               (2)  a capias under Chapter 17 or 23;
               (3)  a subpoena under Chapter 20 or 24; or
               (4)  an attachment under Chapter 20 or 24.
         SECTION 2.  Subsection (a), Article 20.011, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  Only the following persons may be present in a grand
  jury room while the grand jury is conducting proceedings:
               (1)  grand jurors;
               (2)  bailiffs;
               (3)  the attorney representing the state;
               (4)  witnesses while being examined or when necessary
  to assist the attorney representing the state in examining other
  witnesses or presenting evidence to the grand jury;
               (5)  interpreters, if necessary; [and]
               (6)  a stenographer or person operating an electronic
  recording device, as provided by Article 20.012; and
               (7)  a person operating a video teleconferencing system
  for use under Article 20.151.
         SECTION 3.  Subsection (b), Article 20.02, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  A grand juror, bailiff, interpreter, stenographer or
  person operating an electronic recording device, [or] person
  preparing a typewritten transcription of a stenographic or
  electronic recording, or person operating a video teleconferencing
  system for use under Article 20.151 who discloses anything
  transpiring before the grand jury, regardless of whether the thing
  transpiring is recorded, in the course of the official duties of the
  grand jury, is [shall be] liable to a fine as for contempt of the
  court, not exceeding $500 [five hundred dollars], imprisonment not
  exceeding 30 [thirty] days, or both the [such] fine and
  imprisonment.
         SECTION 4.  Chapter 20, Code of Criminal Procedure, is
  amended by adding Article 20.151 to read as follows:
         Art. 20.151.  CERTAIN TESTIMONY BY VIDEO TELECONFERENCING.
  (a)  With the consent of the foreman of the grand jury and the
  attorney representing the state, a peace officer summoned to
  testify before the grand jury may testify through the use of a
  closed circuit video teleconferencing system that provides an
  encrypted, simultaneous, compressed full motion video and
  interactive communication of image and sound between the peace
  officer, the attorney representing the state, and the grand jury.
         (b)  In addition to being administered the oath described by
  Article 20.16(a), before being interrogated, a peace officer
  testifying through the use of a closed circuit video
  teleconferencing system under this article shall affirm that:
               (1)  no person other than a person in the grand jury
  room is capable of hearing the peace officer's testimony; and
               (2)  the peace officer's testimony is not being
  recorded or otherwise preserved by any person at the location from
  which the peace officer is testifying.
         (c)  Testimony received from a peace officer under this
  article shall be recorded and preserved.
         SECTION 5.  Article 27.18, Code of Criminal Procedure, is
  amended by amending Subsection (c) and adding Subsections (c-1) and
  (c-2) to read as follows:
         (c)  A recording of the communication shall be made and
  preserved until all appellate proceedings have been disposed of. A
  court reporter or court recorder is not required to transcribe or
  make a separate recording of a plea taken under this article unless
  an appeal is taken in the case and a party requests a transcript.
         (c-1)  The defendant may obtain a copy of a [the] recording
  made under Subsection (c) on payment of a reasonable amount to cover
  the costs of reproduction or, if the defendant is indigent, the
  court shall provide a copy to the defendant without charging a cost
  for the copy.
         (c-2)  The loss or destruction of or failure to make a video
  recording of a plea entered under this article is not alone
  sufficient grounds for a defendant to withdraw the defendant's plea
  or to request the court to set aside a conviction, sentence, or
  plea.
         SECTION 6.  Article 38.073, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 38.073.  TESTIMONY OF INMATE WITNESSES. In a
  proceeding in the prosecution of a criminal offense in which an
  inmate in the custody of the Texas Department of Criminal Justice is
  required to testify as a witness, any deposition or testimony of the
  inmate witness may be conducted by a video teleconferencing system
  in the manner described by Article 27.18 [electronic means, in the
  same manner as permitted in civil cases under Section 30.012, Civil
  Practice and Remedies Code].
         SECTION 7.  Article 49.25, Code of Criminal Procedure, is
  amended by adding Section 13A to read as follows:
         Sec. 13A.  FEES.  A medical examiner may charge reasonable
  fees for services provided by the office of medical examiner under
  this article, including cremation approvals, court testimonies,
  consultations, and depositions.
         SECTION 8.  Section 31.037, Election Code, is amended to
  read as follows:
         Sec. 31.037.  SUSPENSION OR TERMINATION OF EMPLOYMENT. The
  employment of the county elections administrator may be suspended,
  with or without pay, or terminated at any time for good and
  sufficient cause on the four-fifths vote of the county election
  commission and approval of that action by a majority vote of the
  commissioners court.
         SECTION 9.  Subsection (b), Section 203.005, Family Code, is
  amended to read as follows:
         (b)  The first payment of a fee under Subsection (a)(5)
  [(a)(4)] is due on the date that the person required to pay support
  is ordered to begin child support, alimony, or separate maintenance
  payments. Subsequent payments of the fee are due annually and in
  advance.
         SECTION 10.  Subsection (b) and (e), Section 51.318,
  Government Code, are amended to read as follows:
         (b)  The fees are:
               (1)  for issuing a subpoena, including one copy$8
               (2)  for issuing a citation, commission for deposition,
  writ of execution, order of sale, writ of execution and order of
  sale, writ of injunction, writ of garnishment, writ of attachment,
  or writ of sequestration not provided for in Section 51.317, or any
  other writ or process not otherwise provided for, including one
  copy if required by law$8
               (3)  for searching files or records to locate a cause
  when the docket number is not provided$5
               (4)  for searching files or records to ascertain the
  existence of an instrument or record in the district clerk's
  office$5
               (5)  for abstracting a judgment$8
               (6)  for approving a bond$4
               (7)  for a certified copy of a record, judgment, order,
  pleading, or paper on file or of record in the district clerk's
  office, including certificate and seal, for each page or part of a
  page$1
               (8)  for a noncertified copy, for each page or part of a
  page not to exceed $1
               (9)  notwithstanding Section 51.3195, for an
  electronic certified copy of a record, judgment, order, pleading,
  or paper on file or of record in the district clerk's office,
  including certificate and seal,  for  each  page  or  part  of  a  
  pagenot to exceed $1.
         (e)  The district clerk may not charge the United States
  Immigration and Customs Enforcement or the United States
  Citizenship and Immigration Services [Naturalization Service] a
  fee for a copy of any document on file or of record in the clerk's
  office relating to an individual's criminal history, regardless of
  whether the document is certified.
         SECTION 11.  Subchapter D, Chapter 101, Government Code, is
  amended by adding Section 101.06118 to read as follows:
         Sec. 101.06118.  ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
  CODE.  The clerk of a district court shall collect for an electronic
  certified copy of a record, judgment, order, pleading, or paper on
  file or of record in the district clerk's office, including
  certificate and seal, a fee not to exceed $1 for each page or part of
  a page under Section 51.318.
         SECTION 12.  Section 551.0415, Government Code, is amended
  to read as follows:
         Sec. 551.0415.  GOVERNING BODY OF MUNICIPALITY OR COUNTY:  
  REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION
  WILL BE TAKEN. (a)  Notwithstanding Sections 551.041 and 551.042,
  a quorum of the governing body of a municipality or county may
  receive from municipal or county staff and a member of the governing
  body may make a report about items of community interest during a
  meeting of the governing body without having given notice of the
  subject of the report as required by this subchapter if no action is
  taken and, except as provided by Section 551.042, possible action
  is not discussed regarding the information provided in the report.
         (b)  For purposes of Subsection (a), "items of community
  interest" includes:
               (1)  expressions of thanks, congratulations, or
  condolence;
               (2)  information regarding holiday schedules;
               (3)  an honorary or salutary recognition of a public
  official, public employee, or other citizen, except that a
  discussion regarding a change in the status of a person's public
  office or public employment is not an honorary or salutary
  recognition for purposes of this subdivision;
               (4)  a reminder about an upcoming event organized or
  sponsored by the governing body;
               (5)  information regarding a social, ceremonial, or
  community event organized or sponsored by an entity other than the
  governing body that was attended or is scheduled to be attended by a
  member of the governing body or an official or employee of the
  municipality or county; and
               (6)  announcements involving an imminent threat to the
  public health and safety of people in the municipality or county
  that has arisen after the posting of the agenda.
         SECTION 13.  Subsection (a), Section 551.0725, Government
  Code, is amended to read as follows:
         (a)  The commissioners court of a county [with a population
  of 400,000 or more] may conduct a closed meeting to deliberate
  business and financial issues relating to a contract being
  negotiated if, before conducting the closed meeting:
               (1)  the commissioners court votes unanimously that
  deliberation in an open meeting would have a detrimental effect on
  the position of the commissioners court in negotiations with a
  third person; and
               (2)  the attorney advising the commissioners court
  issues a written determination that deliberation in an open meeting
  would have a detrimental effect on the position of the
  commissioners court in negotiations with a third person.
         SECTION 14.  Subchapter Z, Chapter 157, Local Government
  Code, is amended by adding Section 157.9031 to read as follows:
         Sec. 157.9031.  AUTHORITY TO REQUIRE REIMBURSEMENT FOR
  CERTAIN COVERAGE. A self-insuring county or the intergovernmental
  pool operating under Chapter 119, under policies concerning the
  provision of coverages adopted by the county's commissioners court
  or the pool's governing body, may require reimbursement for the
  provision of punitive damage coverage from a person to whom the
  county or intergovernmental pool provides coverage.
         SECTION 15.  Subsections (b) and (f), Section 270.007, Local
  Government Code, are amended to read as follows:
         (b)  A [Notwithstanding the provisions of Subsections (f)
  and (g), a] county may exclusively contract with a person to market
  the application or system.  If the original contract for
  development of the application or system under Subsection (a) does
  not include a provision for marketing the application or system, a
  [A] contract under this subsection shall be awarded [only] in
  compliance with Section 262.030, [Local Government Code,]
  concerning the alternative competitive procedure for insurance or
  high technology items.
         (f)  Except as provided by Subsection (b), [upon request of
  any person,] a county may [shall] sell or license software under
  this section for a price negotiated between the county and the
  purchaser or licensee, including another governmental entity
  [person, not to exceed the developmental cost to the county.
  Developmental cost shall only include costs incurred under a
  contract to procure the software or direct employee costs incurred
  to develop the software. This subsection does not apply to any
  county software that protects county computer systems from
  unauthorized use or access].
         SECTION 16.  Chapter 51, Property Code, is amended by adding
  Section 51.0022 to read as follows:
         Sec. 51.0022.  FORECLOSURE DATA COLLECTION. (a)  In this
  section, "department" means the Texas Department of Housing and
  Community Affairs.
         (b)  A person filing a notice of sale of residential property
  under Section 51.002(b) must submit to the county clerk a completed
  form that provides the zip code for the property.
         (c)  On completion of a sale of real property, the trustee or
  sheriff shall submit to the county clerk a completed form that
  contains information on whether the property is residential and the
  zip code of the property.
         (d)  Not later than the 30th day after the date of receipt of
  a form under this section, the county clerk shall transmit the form
  to the department.
         (e)  The board of the department shall prescribe the forms
  required under this section. The forms may only request
  information on whether the property is residential and the zip code
  of the property.
         (f)  The department shall report the information received
  under this section quarterly to the legislature in a format
  established by the board of the department by rule.
         SECTION 17.  Sections 86.022 and 112.008, Local Government
  Code, are repealed.
         SECTION 18.  (a)  Subsection (a), Article 20.011, and
  Subsection (b), Article 20.02, Code of Criminal Procedure, as
  amended by this Act, and Article 20.151, Code of Criminal
  Procedure, as added by this Act, apply only to testimony before a
  grand jury that is impaneled on or after the effective date of this
  Act.
         (b)  Article 27.18, Code of Criminal Procedure, as amended by
  this Act, applies to a plea of guilty or nolo contendere entered on
  or after the effective date of this Act, regardless of whether the
  offense with reference to which the plea is entered is committed
  before, on, or after that date.
         (c)  Article 38.073, Code of Criminal Procedure, as amended
  by this Act, applies only to the testimony of an inmate witness that
  is taken on or after the effective date of this Act.
         (d)  Section 13A, Article 49.25, Code of Criminal Procedure,
  as added by this Act, applies only to a service provided by a
  medical examiner's office on or after the effective date of this
  Act.  A service provided before the effective date of this Act is
  covered by the law in effect on the date the service was provided,
  and the former law is continued in effect for that purpose.
         (e)  Subsection (b), Section 51.318, Government Code, as
  amended by this Act, applies only to a request for an electronic
  certified copy of a record, judgment, order, pleading, or paper on
  file or of record in the district clerk's office, including
  certificate and seal, made on or after the effective date of this
  Act.  A request made before the effective date of this Act is
  covered by the law in effect when the request was made, and the
  former law is continued in effect for that purpose.
         (f)  Subsection (a), Section 551.0725, Government Code, as
  amended by this Act, applies only to a meeting held on or after the
  effective date of this Act.  A meeting held before the effective
  date of this Act is governed by the law in effect on the date the
  meeting is held, and the former law is continued in effect for that
  purpose.
         (g)  Subsections (b) and (f), Section 270.007, Local
  Government Code, as amended by this Act, apply only to a contract
  entered into on or after the effective date of this Act.  A contract
  entered into before the effective date of this Act is governed by
  the law in effect when the contract was entered into, and the former
  law is continued in effect for that purpose.
         SECTION 19.  (a)  The board of the Texas Department of
  Housing and Community Affairs shall adopt the forms and rules
  required by Section 51.0022, Property Code, as added by this Act,
  not later than January 1, 2012.
         (b)  The change in law made by Section 51.0022, Property
  Code, as added by this Act, applies only to a notice of sale filed on
  or after January 1, 2012. A notice of sale filed before January 1,
  2012, is governed by the law in effect on the date the notice is
  filed, and the former law is continued in effect for that purpose.
         SECTION 20.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2011.