S.B. No. 1419
 
 
 
 
AN ACT
  relating to funding for juvenile case managers through certain
  court costs and to the establishment of the truancy prevention and
  diversion fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a) and (c), Article 45.056, Code of
  Criminal Procedure, are amended to read as follows:
         (a)  On approval of the commissioners court, city council,
  school district board of trustees, juvenile board, or other
  appropriate authority, a county court, justice court, municipal
  court, school district, juvenile probation department, or other
  appropriate governmental entity may:
               (1)  employ a case manager to provide services in cases
  involving juvenile offenders who are before a court consistent with
  the court's statutory powers or referred to a court by a school
  administrator or designee for misconduct that would otherwise be
  within the court's statutory powers prior to a case being filed,
  with the consent of the juvenile and the juvenile's parents or
  guardians; [or]
               (2)  employ one or more juvenile case managers who:
                     (A)  shall assist the court in administering the
  court's juvenile docket and in supervising the court's orders in
  juvenile cases; and
                     (B)  may provide:
                           (i)  prevention services to a child
  considered at risk of entering the juvenile justice system; and
                           (ii)  intervention services to juveniles
  engaged in misconduct before cases are filed, excluding traffic
  offenses; or
               (3)  agree in accordance with Chapter 791, Government
  Code, to jointly employ a case manager to provide services
  described by Subdivisions (1) and (2).
         (c)  An entity that jointly employs a case manager under
  Subsection (a)(3) employs a juvenile case manager for purposes of
  Chapter 102 of this code and Chapter 102, Government Code [A county
  or justice court on approval of the commissioners court or a
  municipality or municipal court on approval of the city council may
  employ one or more juvenile case managers to assist the court in
  administering the court's juvenile docket and in supervising its
  court orders in juvenile cases].
         SECTION 2.  Subchapter A, Chapter 102, Code of Criminal
  Procedure, is amended by adding Article 102.015 to read as follows:
         Art. 102.015.  COURT COSTS:  TRUANCY PREVENTION AND
  DIVERSION FUND. (a)  The truancy prevention and diversion fund is
  a dedicated account in the general revenue fund.
         (b)  A person convicted in municipal or justice court of an
  offense, other than an offense relating to a pedestrian or the
  parking of a motor vehicle, shall pay as a court cost $2 in addition
  to other court costs.
         (c)  For purposes of this article, a person is considered to
  have been convicted if:
               (1)  a sentence is imposed; or
               (2)  the defendant receives deferred disposition in the
  case.
         (d)  Court costs under this article are collected in the same
  manner as other fines or costs. An officer collecting the costs
  shall keep separate records of the funds collected as costs under
  this article and shall deposit the funds in the county treasury or
  municipal treasury, as applicable.
         (e)  The custodian of a county treasury or municipal
  treasury, as applicable, shall:
               (1)  keep records of the amount of funds on deposit
  collected under this article; and
               (2)  send to the comptroller before the last day of the
  first month following each calendar quarter the funds collected
  under this article during the preceding quarter, except that the
  custodian may retain 50 percent of funds collected under this
  article for the purpose of operating or establishing a juvenile
  case manager program, if the county or municipality has established
  or is attempting to establish a juvenile case manager program.
         (f)  If no funds due as costs under this article are
  deposited in a county treasury or municipal treasury in a calendar
  quarter, the custodian of the treasury shall file the report
  required for the quarter in the regular manner and must state that
  no funds were collected.
         (g)  The comptroller shall deposit the funds received under
  this article to the credit of a dedicated account in the general
  revenue fund to be known as the truancy prevention and diversion
  fund. The legislature may appropriate money from the account only
  to the criminal justice division of the governor's office for
  distribution to local governmental entities for truancy prevention
  and intervention services.
         (h)  A local governmental entity may request funds from the
  criminal justice division of the governor's office for providing
  truancy prevention and intervention services.  The division may
  award the requested funds based on the availability of appropriated
  funds and subject to the application procedure and eligibility
  requirements specified by division rule.
         (i)  Funds collected under this article are subject to audit
  by the comptroller.
         SECTION 3.  Subchapter B, Chapter 103, Government Code, is
  amended by adding Section 103.034 to read as follows:
         Sec. 103.034.  MISCELLANEOUS COURT COSTS:  TRUANCY
  PREVENTION AND DIVERSION FUND.  Court costs of $2 for the truancy
  prevention and diversion fund established under Article 102.015,
  Code of Criminal Procedure, shall be collected under that article.
         SECTION 4.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  covered by the law in effect when the offense was committed, and the
  former law is continued in effect for that purpose.  For purposes of
  this section, an offense is committed before the effective date of
  this Act if any element of the offense was committed before that
  date.
         SECTION 5.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1419 passed the Senate on
  April 23, 2013, by the following vote: Yeas 21, Nays 10; and that
  the Senate concurred in House amendment on May 25, 2013, by the
  following vote: Yeas 26, Nays 4.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1419 passed the House, with
  amendment, on May 22, 2013, by the following vote: Yeas 139,
  Nays 9, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor