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A BILL TO BE ENTITLED
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AN ACT
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relating to funding for juvenile case managers through certain fees |
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and court costs and to the establishment of the truancy prevention |
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and diversion fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 45.056(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) On approval of the commissioners court, city council, |
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school district board of trustees, juvenile board, or other |
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appropriate authority, a county court, justice court, municipal |
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court, school district, juvenile probation department, or other |
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appropriate governmental entity may: |
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(1) employ a case manager to provide services in cases |
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involving juvenile offenders who are before a court consistent with |
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the court's statutory powers or referred to a court by a school |
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administrator or designee for misconduct that would otherwise be |
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within the court's statutory powers prior to a case being filed, |
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with the consent of the juvenile and the juvenile's parents or |
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guardians; or |
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(2) agree in accordance with Chapter 791, Government |
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Code, to jointly employ a case manager. |
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(c) A county or justice court on approval of the |
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commissioners court or a municipality or municipal court on |
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approval of the city council may employ one or more juvenile case |
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managers who shall [to] assist the court in administering the |
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court's juvenile docket, [and] in supervising its court orders in |
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juvenile cases, and may provide prevention services to a child |
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considered at-risk under Subchapter D, Chapter 264, Family Code, |
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and intervention services to juveniles engaged in misconduct prior |
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to cases being filed, excluding traffic offenses. |
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SECTION 2. Article 102.014(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) A person convicted of an offense under Section 25.093 |
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[or 25.094], Education Code, shall pay as taxable court costs $20 in |
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addition to other taxable court costs. The additional court costs |
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under this subsection shall be collected in the same manner that |
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other fines and taxable court costs in the case are collected. |
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SECTION 3. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.015 to read as follows: |
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Art. 102.015. COURT COSTS: TRUANCY PREVENTION AND DIVERSION |
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FUND. (a) The truancy prevention and diversion fund is a dedicated |
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account in the general revenue fund. |
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(b) A person convicted of an offense under Section 25.094, |
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Education Code, shall pay as a court cost $20 in addition to other |
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court costs. The additional court cost under this subsection shall |
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be collected in the same manner that other fines and court costs in |
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the case are collected. |
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(c) Notwithstanding any other law, any court cost payable by |
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a person convicted of an offense under Section 25.094, Education |
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Code, shall be deposited to the credit of the truancy prevention and |
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diversion fund. |
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(d) For purposes of this article, a person is considered to |
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have been convicted if: |
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(1) a sentence is imposed; |
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(2) the defendant receives community supervision or |
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deferred adjudication; or |
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(3) the court defers final disposition of the case. |
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(e) Court costs under this article are collected in the same |
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manner as other fines or costs. An officer collecting the costs |
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shall keep separate records of the funds collected as costs under |
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this article and shall deposit the funds in the county treasury. |
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(f) The custodian of a county treasury shall: |
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(1) keep records of the amount of funds on deposit |
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collected under this article; and |
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(2) send to the comptroller before the last day of the |
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first month following each calendar quarter the funds collected |
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under this article during the preceding quarter. |
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(g) If no funds due as costs under this article are |
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deposited in a county treasury in a calendar quarter, the custodian |
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of the treasury shall file the report required for the quarter in |
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the regular manner and must state that no funds were collected. |
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(h) The comptroller shall deposit the funds received under |
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this article to the credit of a dedicated account in the general |
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revenue fund to be known as the truancy prevention and diversion |
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fund. The legislature may appropriate money from the account only |
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to the attorney general's office for distribution to fund programs |
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that use juvenile case managers to provide services for juveniles |
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who are truants. The attorney general's office shall ensure that |
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money distributed under this subsection is used for a public |
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purpose. |
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(i) Funds collected under this article are subject to audit |
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by the comptroller. |
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SECTION 4. Chapter 54, Family Code, is amended by adding |
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Section 54.0412 to read as follows: |
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Sec. 54.0412. TRUANCY PREVENTION AND DIVERSION FUND. (a) |
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If a disposition hearing is held under Section 54.04 of this code |
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for a child found to have engaged in conduct indicating a need for |
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supervision based on a violation of Section 25.094, Education Code, |
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the juvenile court, after giving the child, parent, or other person |
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responsible for the child's support a reasonable opportunity to be |
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heard, shall order the child, parent, or other person, if |
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financially able to do so, to pay a fee as costs of court of $20. |
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(b) Orders for the payment of fees under this section may be |
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enforced as provided by Section 54.07 of this code. |
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(c) An officer collecting costs under this section shall |
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keep separate records of the funds collected as costs under this |
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section and shall deposit the funds in the county treasury. |
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(d) Each officer collecting court costs under this section |
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shall file the reports required under Article 103.005, Code of |
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Criminal Procedure. If no funds due as costs under this section |
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have been collected in any quarter, the report required for each |
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quarter shall be filed in the regular manner, and the report must |
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state that no funds due under this section were collected. |
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(e) The custodian of the county treasury shall keep records |
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of the amount of funds on deposit collected under this section and |
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not later than the last day of the month following each calendar |
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quarter shall send to the comptroller of public accounts the funds |
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collected under this section during the preceding quarter. |
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(f) Funds collected are subject to audit by the comptroller |
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and funds expended are subject to audit by the State Auditor. |
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(g) The comptroller shall deposit the funds in the truancy |
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prevention and diversion fund, as created by Article 102.015, Code |
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of Criminal Procedure. |
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SECTION 5. Subchapter B, Chapter 103, Government Code, is |
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amended by adding Section 103.034 to read as follows: |
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Sec. 103.034. MISCELLANEOUS FEES AND COSTS: TRUANCY |
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PREVENTION AND DIVERSION FUND. A fee for the truancy prevention and |
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diversion fund established under Article 102.015, Code of Criminal |
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Procedure, shall be collected under Section 54.0412, Family Code. |
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SECTION 6. The change in law made by this Act applies only |
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to a fee collected on or after the effective date of this Act. A fee |
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collected before the effective date of this Act is covered by the |
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law in effect when the fee was collected, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2013. |