83R6358 MEW-D
 
  By: Rodriguez of Bexar H.B. No. 1552
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the commissioners court of a county to
  create a law enforcement technology fund and to require certain
  defendants to pay court costs for deposit in the fund; authorizing a
  fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 102, Code of Criminal
  Procedure, is amended by adding Article 102.0175 to read as
  follows:
         Art. 102.0175.  COURT COSTS; LAW ENFORCEMENT TECHNOLOGY
  FUND. (a)  The commissioners court of a county by order may create a
  law enforcement technology fund.
         (b)  If a fund is created as described by Subsection (a), a
  defendant convicted of a misdemeanor offense in a justice court or
  county court at law shall pay a $2 law enforcement technology fee as
  a cost of court.
         (c)  In this article, a person is considered convicted if:
               (1)  a sentence is imposed on the person;
               (2)  the person is placed on community supervision,
  including deferred adjudication community supervision; or
               (3)  the court defers final disposition of the person's
  case.
         (d)  The clerks of the courts described by Subsection (b)
  shall collect the fee and pay the fee to the county treasurer, or to
  any other official who discharges the duties commonly delegated to
  the county treasurer, for deposit in the law enforcement technology
  fund.
         (e)  A fund created under this article may be used only to
  finance the purchase and maintenance of technological enhancements
  for a county law enforcement agency and shall be administered by or
  under the direction of the commissioners court of the county.
         SECTION 2.  Section 102.061, Government Code, is amended to
  read as follows:
         Sec. 102.061.  ADDITIONAL COURT COSTS ON CONVICTION IN
  STATUTORY COUNTY COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of
  a statutory county court shall collect fees and costs under the Code
  of Criminal Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $20;
               (2)  a fee for services of the clerk of the court (Art.
  102.005, Code of Criminal Procedure) . . . $40;
               (3)  a records management and preservation services fee
  (Art. 102.005, Code of Criminal Procedure) . . . $25;
               (4)  a county and district court technology fee (Art.
  102.0169, Code of Criminal Procedure) . . . $4;  
               (5)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $3;
               (6)  a juvenile delinquency prevention and graffiti
  eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
  $50;
               (7)  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5 if the court employs a
  juvenile case manager; [and]
               (8)  a civil justice fee (Art. 102.022, Code of
  Criminal Procedure) . . . $0.10; and
               (9)  a law enforcement technology fee, if authorized by
  the county commissioners court (Art. 102.0175, Code of Criminal
  Procedure) . . . $2.
         SECTION 3.  Section 102.101, Government Code, is amended to
  read as follows:
         Sec. 102.101.  ADDITIONAL COURT COSTS ON CONVICTION IN
  JUSTICE COURT:  CODE OF CRIMINAL PROCEDURE.  A clerk of a justice
  court shall collect fees and costs under the Code of Criminal
  Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $3;
               (2)  a fee for withdrawing request for jury less than 24
  hours before time of trial (Art. 102.004, Code of Criminal
  Procedure) . . . $3;
               (3)  a jury fee for two or more defendants tried jointly
  (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
               (4)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $4;
               (5)  a fee for technology fund on a misdemeanor offense
  (Art. 102.0173, Code of Criminal Procedure) . . . $4;
               (6)  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5 if the court employs a
  juvenile case manager;
               (7)  a fee on conviction of certain offenses involving
  issuing or passing a subsequently dishonored check (Art. 102.0071,
  Code of Criminal Procedure) . . . not to exceed $30;
               (8)  a court cost on conviction of a Class C misdemeanor
  in a county with a population of 3.3 million or more, if authorized
  by the county commissioners court (Art. 102.009, Code of Criminal
  Procedure) . . . not to exceed $7; [and]
               (9)  a civil justice fee (Art. 102.022, Code of
  Criminal Procedure) . . . $0.10; and
               (10)  a law enforcement technology fee, if authorized
  by the county commissioners court (Art. 102.0175, Code of Criminal
  Procedure) . . . $2.
         SECTION 4.  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, 2013.