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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county clerk or district clerk to |
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collect certain fees; imposing certain court fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a |
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written undertaking entered into by the defendant and the |
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defendant's sureties for the appearance of the principal therein |
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before a court or magistrate to answer a criminal accusation; |
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provided, however, that the defendant on execution of the bail bond |
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may deposit with the custodian of funds of the court in which the |
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prosecution is pending current money of the United States in the |
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amount of the bond in lieu of having sureties signing the same. Any |
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cash funds deposited under this article shall be receipted for by |
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the officer receiving the funds and, on order of the court, be |
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refunded in the amount reflected on the face of the receipt less the |
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administrative fee authorized under Section 117.055, Local |
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Government Code, after the defendant complies with the conditions |
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of the defendant's bond, to: |
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(1) any person in the name of whom a receipt was |
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issued, [in the amount reflected on the face of the receipt,] |
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including the defendant if a receipt was issued to the defendant; or |
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(2) the defendant, if no other person is able to |
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produce a receipt for the funds. |
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SECTION 2. Article 102.006(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In addition to any other fees required by other law and |
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except as provided by Subsection (b), a petitioner seeking |
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expunction of a criminal record shall pay the following fees: |
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(1) the fee charged for filing an ex parte petition in |
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a civil action in district court; |
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(2) $1 plus postage for each certified mailing of |
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notice of the hearing date; [and] |
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(3) $2 plus postage for each certified mailing of |
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certified copies of an order of expunction; |
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(4) $4 for each facsimile or e-mail notice of a hearing |
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date; and |
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(5) $4 for each facsimile or e-mail of a copy of an |
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order of expunction. |
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SECTION 3. Article 102.017(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A defendant convicted of a felony offense [in a district
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court] shall pay a $5 security fee as a cost of court. |
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SECTION 4. Section 51.305(b), Government Code, is amended |
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to read as follows: |
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(b) As part of the county's annual budget, the [The] |
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commissioners court of a county may adopt a district court records |
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archive fee of not more than $5 for the filing of a suit, including |
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an appeal from an inferior court, or a cross-action, counterclaim, |
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intervention, contempt action, motion for new trial, or third-party |
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petition, in any [a district] court in the county for which the |
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district clerk accepts filings [as part of the county's annual
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budget.
The fee must be set and itemized in the county's budget as
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part of the budget preparation process and must be approved in a
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public meeting]. The fee is for preservation and restoration |
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services performed in connection with maintaining a district court |
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records archive. |
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SECTION 5. Section 102.081, Government Code, is amended to |
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read as follows: |
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Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN |
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COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county |
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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) . . . $20; |
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(2) a fee for clerk of the court services (Art. |
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102.005, Code of Criminal Procedure) . . . $40; |
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(3) a records management and preservation services fee |
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(Art. 102.005, Code of Criminal Procedure) . . . $25; |
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(4) a county and district court technology fee (Art. |
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102.0169, Code of Criminal Procedure) . . . $4; |
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(5) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $3; |
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(6) a juvenile delinquency prevention and graffiti |
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eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
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$50; |
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(7) a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure) . . . not to exceed $5 if the court employs a |
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juvenile case manager; [and] |
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(8) a civil justice fee (Art. 102.022, Code of |
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Criminal Procedure) . . . $0.10; and |
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(9) a security fee on a felony offense (Art. 102.017, |
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Code of Criminal Procedure) . . . $5. |
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SECTION 6. Section 51.607, Government Code, does not apply |
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to the imposition of a court cost or fee under this Act. |
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SECTION 7. The change in law made by this Act applies only |
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to a fee that becomes payable on or after the effective date of this |
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Act. A fee that becomes payable before the effective date of this |
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Act is governed by the law in effect when the fee became payable, |
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and the former law is continued in effect for that purpose. |
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SECTION 8. 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, 2013. |