AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Article 102.0173 (Court Costs;  Justice Court Technology Fund), Code of Criminal Procedure, establishes a justice court technology fund in each county.  A defendant convicted of a misdemeanor offense in a justice court must pay a $4 justice court technology fee.  The fee is deposited into the county's justice court technology fund which is administered by or under the direction of a county's commissioners court.  This fund is used for information technology equipment, maintenance, and training in justice courts.

 

H.B. 1448 allows certain justice of the peace courts, with the approval of a commissioners court, to use the justice court technology fund to assist constables or another county departments with technological enhancements or related costs if the enhancements are related to the operation or efficiency of a justice court.

 

The use of justice court technology funds would assist constables with technology upgrades, such as computers in the vehicles, air cards, software purchase, and ticket writers and in turn, will directly improve the operation of the justice court.

 

H.B. 1448 amends current law relating to the use of money deposited to a justice court technology fund in certain counties.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Article 102.0173, Code of Criminal Procedure, by adding Subsection (f), as follows:

 

(f)  Authorizes a justice court to, subject to the approval of the commissioners court, use a fund designated by this article to assist a constable's office or other county department with a technological enhancement, or cost related to the enhancement, described by Subsection (d)(1) (relating to authorizing a fund designated by this article to be used only to finance the cost of continuing education and training for justice court judges and clerks regarding technological enhancements for justice courts) or (2) (relating to authorizing a fund designated by this article to be used only to finance the purchase and maintenance of technological enhancements for a justice court, including certain computer and electronic systems) if the enhancement directly relates to the operation or efficiency of the justice court.  Provides that this subsection applies only to a county that has a population of 125,000 or more, is not adjacent to a county of two million or more, contains a portion of the Guadalupe River, and contains a portion of Interstate Highway 10.

 

SECTION 2.  Effective date:  September 1, 2013.