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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 technology fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 102.0172(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) The governing body of a municipality by ordinance may |
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create a municipal court technology fund and may require a |
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defendant convicted of a misdemeanor offense in a municipal court |
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or municipal court of record to pay a technology fee not to exceed |
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$5 [$4] 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 $3; |
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(4) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $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 $5 |
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[$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. Section 102.141, Government Code, is amended to |
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read as follows: |
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Sec. 102.141. ADDITIONAL COURT COSTS IN MUNICIPAL COURT OF |
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RECORD: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court |
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of record shall collect from a defendant on conviction of a |
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misdemeanor offense a fee of not more than $5 [$4] under Article |
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102.0172, Code of Criminal Procedure, for the technology fund. |
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SECTION 4. (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 102.0172(a), Code of Criminal Procedure, as |
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amended by this Act, or under Section 102.121 or 102.141, |
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Government Code, as 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 or municipal court |
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of record of an offense committed on or after the effective date of |
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an ordinance of the governing body of the municipality that |
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requires a defendant convicted of the offense to pay the cost. Court |
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costs imposed on conviction of an offense committed before that |
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date are governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. 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. |