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A BILL TO BE ENTITLED
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AN ACT
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relating to court costs and fees in criminal proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 102, Government Code, is transferred to |
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Subtitle B, Title 3, Local Government Code, redesignated as Chapter |
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82A, Local Government Code, and amended to read as follows: |
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CHAPTER 82A [102]. COURT COSTS IN CRIMINAL PROCEEDINGS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 82A.001 [102.001]. APPLICABILITY OF OTHER LAW. [(a)] |
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To the extent of any conflict between the provisions of this chapter |
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and another state statute, the other statute prevails. |
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[(b)
The organizational structure of this subtitle and the
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statutory placement of a court fee or cost within that
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organizational structure does not:
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[(1)
affect a duty imposed on or the authority granted
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to a judge or clerk of a court by any other state statute with
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respect to the imposition, assessment, or collection of the fee or
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cost; or
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[(2)
impose a duty on or grant authority to a judge or
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clerk of a court not otherwise imposed or granted by other law with
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respect to the imposition, assessment, or collection of the fee or
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cost.] |
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SUBCHAPTER B. COURT COSTS ON CONVICTION |
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Sec. 82A.051 [102.021]. COURT COSTS ON CONVICTION: CODE OF |
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CRIMINAL PROCEDURE. A person convicted of an offense shall pay the |
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following under the Code of Criminal Procedure, in addition to all |
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other costs: |
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(1) court cost on conviction of any offense, other |
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than a conviction of an offense relating to a pedestrian or the |
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parking of a motor vehicle (Art. 102.0045, Code of Criminal |
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Procedure) . . . $4; |
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(2) a fee for services of prosecutor (Art. 102.008, |
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Code of Criminal Procedure) . . . $25; |
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(3) fees for services of peace officer: |
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(A) issuing a written notice to appear in court |
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for certain violations (Art. 102.011, Code of Criminal Procedure) |
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. . . $5; |
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(B) executing or processing an issued arrest |
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warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal |
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Procedure) . . . $50; |
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(C) summoning a witness (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(D) serving a writ not otherwise listed (Art. |
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102.011, Code of Criminal Procedure) . . . $35; |
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(E) taking and approving a bond and, if |
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necessary, returning the bond to courthouse (Art. 102.011, Code of |
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Criminal Procedure) . . . $10; |
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(F) commitment or release (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(G) summoning a jury (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(H) attendance of a prisoner in habeas corpus |
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case if prisoner has been remanded to custody or held to bail (Art. |
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102.011, Code of Criminal Procedure) . . . $8 each day; |
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(I) mileage for certain services performed (Art. |
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102.011, Code of Criminal Procedure) . . . $0.29 per mile; and |
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(J) services of a sheriff or constable who serves |
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process and attends examining trial in certain cases (Art. 102.011, |
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Code of Criminal Procedure) . . . not to exceed $5; |
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(4) services of a peace officer in conveying a witness |
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outside the county (Art. 102.011, Code of Criminal Procedure) . . . |
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$10 per day or part of a day, plus actual necessary travel expenses; |
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(5) overtime of peace officer for time spent |
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testifying in the trial or traveling to or from testifying in the |
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trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; |
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(6) court costs on an offense relating to rules of the |
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road, when offense occurs within a school crossing zone (Art. |
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102.014, Code of Criminal Procedure) . . . $25; |
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(7) court costs on an offense of passing a school bus |
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(Art. 102.014, Code of Criminal Procedure) . . . $25; |
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(8) court costs on an offense of truancy or |
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contributing to truancy (Art. 102.014, Code of Criminal Procedure) |
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. . . $20; |
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(9) cost for visual recording of intoxication arrest |
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before conviction (Art. 102.018, Code of Criminal Procedure) . . . |
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$15; |
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(10) cost of certain evaluations (Art. 102.018, Code |
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of Criminal Procedure) . . . actual cost; |
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(11) additional costs attendant to certain |
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intoxication convictions under Chapter 49, Penal Code, for |
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emergency medical services, trauma facilities, and trauma care |
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systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; |
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(12) additional costs attendant to certain child |
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sexual assault and related convictions, for child abuse prevention |
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programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; |
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(13) court cost for DNA testing for certain felonies |
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(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250; |
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(14) court cost for DNA testing for the offense of |
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public lewdness or indecent exposure (Art. 102.020(a)(2), Code of |
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Criminal Procedure) . . . $50; |
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(15) court cost for DNA testing for certain felonies |
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(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34; |
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(16) if required by the court, a restitution fee for |
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costs incurred in collecting restitution installments and for the |
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compensation to victims of crime fund (Art. 42.037, Code of |
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Criminal Procedure) . . . $12; |
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(17) if directed by the justice of the peace or |
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municipal court judge hearing the case, court costs on conviction |
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in a criminal action (Art. 45.041, Code of Criminal Procedure) |
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. . . part or all of the costs as directed by the judge; and |
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(18) costs attendant to convictions under Chapter 49, |
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Penal Code, and under Chapter 481, Health and Safety Code, to help |
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fund drug court programs established under Chapter 469, Health and |
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Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60. |
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Sec. 82A.052 [102.0211]. COURT COSTS ON |
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CONVICTION: GOVERNMENT CODE. A person convicted of an offense |
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shall pay the following under the Government Code, in addition to |
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all other costs: |
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(1) court costs on certain convictions in statutory |
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county courts (Sec. 51.702, Government Code) . . . $15; and |
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(2) court costs on certain convictions in certain |
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county courts (Sec. 51.703, Government Code) . . . $15. |
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Sec. 82A.053 [102.0212]. COURT COSTS ON CONVICTION: LOCAL |
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GOVERNMENT CODE. A person convicted of an offense shall pay the |
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following under the Local Government Code, in addition to all other |
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costs: |
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(1) court costs on conviction of a felony (Sec. |
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133.102, Local Government Code) . . . $133; |
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(2) court costs on conviction of a Class A or Class B |
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misdemeanor (Sec. 133.102, Local Government Code) . . . $83; |
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(3) court costs on conviction of a nonjailable |
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misdemeanor offense, including a criminal violation of a municipal |
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ordinance, other than a conviction of an offense relating to a |
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pedestrian or the parking of a motor vehicle (Sec. 133.102, Local |
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Government Code) . . . $40; |
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(4) a time payment fee if convicted of a felony or |
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misdemeanor for paying any part of a fine, court costs, or |
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restitution on or after the 31st day after the date on which a |
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judgment is entered assessing the fine, court costs, or restitution |
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(Sec. 133.103, Local Government Code) . . . $25; |
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(5) a cost on conviction of any offense, other than an |
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offense relating to a pedestrian or the parking of a motor vehicle |
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(Sec. 133.105, Local Government Code) . . . $6; and |
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(6) a cost on conviction of any offense, other than an |
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offense relating to a pedestrian or the parking of a motor vehicle |
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(Sec. 133.107, Local Government Code) . . . $2. |
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Sec. 82A.054 [102.0213]. COURT COSTS ON |
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CONVICTION: TRANSPORTATION CODE. A person convicted of an offense |
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shall pay the following under the Transportation Code, in addition |
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to all other costs: |
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(1) court cost on conviction of a misdemeanor under |
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Subtitle C, Title 7, Transportation Code (Sec. 542.403, |
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Transportation Code) . . . $3; |
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(2) cost for impoundment of vehicle (Sec. 601.263, |
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Transportation Code) . . . $15 per day; and |
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(3) a civil and criminal enforcement cost on |
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conviction of an offense of, or related to, the nonpayment of a toll |
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in certain counties (Sec. 284.2031, Transportation Code) . . . $1. |
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Sec. 82A.055 [102.0214]. COURT COSTS ON CONVICTION: PARKS |
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AND WILDLIFE CODE. A person convicted of an offense shall pay under |
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Section 12.110, Parks and Wildlife Code, in addition to all other |
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costs, the actual cost of any storage, care, feeding, cold |
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storage, or processing necessary for an unlawfully taken, shipped, |
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or possessed game bird, fowl, animal, game fish, or exotic animal. |
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SUBCHAPTER C. CRIMINAL COURT COSTS IN DISTRICT COURT |
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Sec. 82A.101 [102.041]. ADDITIONAL COURT COSTS ON |
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CONVICTION IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The |
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clerk of a district court shall collect fees and costs under the |
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Code of Criminal 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 felony offense (Art. 102.017, |
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Code of Criminal Procedure) . . . $5; |
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(6) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $3; and |
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(7) 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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Sec. 82A.102 [102.042]. ADDITIONAL COURT COSTS ON |
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CONVICTION IN DISTRICT COURT: HUMAN RESOURCES CODE. The clerk of a |
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district court shall collect from a defendant a court cost of $4 |
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under Section 152.0522, Human Resources Code, on conviction in |
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Comal County. |
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SUBCHAPTER D. CRIMINAL COURT COSTS IN STATUTORY COUNTY COURT |
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Sec. 82A.151 [102.061]. ADDITIONAL COURT COSTS ON |
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CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL |
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PROCEDURE. The clerk of a statutory county court shall collect |
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fees and costs under the Code of Criminal Procedure on conviction of |
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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 services of the clerk of the court (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. |
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Sec. 82A.152 [102.062]. ADDITIONAL COURT COSTS ON |
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CONVICTION IN STATUTORY COUNTY COURT: HUMAN RESOURCES CODE. The |
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clerk of a statutory county court shall collect from a defendant a |
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court cost of $4 under Section 152.0522, Human Resources Code, on |
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conviction in Comal County. |
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SUBCHAPTER E. CRIMINAL COURT COSTS IN COUNTY COURT |
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Sec. 82A.201 [102.081]. ADDITIONAL COURT COSTS ON |
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CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The |
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clerk of a county court shall collect fees and costs under the Code |
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of Criminal 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. |
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SUBCHAPTER F. CRIMINAL COURT COSTS IN JUSTICE COURT |
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Sec. 82A.251 [102.101]. ADDITIONAL COURT COSTS ON |
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CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk |
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of a justice court shall collect fees and costs under the Code of |
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Criminal 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) . . . $3; |
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(2) a fee for withdrawing request for jury less than 24 |
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hours before time of trial (Art. 102.004, Code of Criminal |
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Procedure) . . . $3; |
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(3) a jury fee for two or more defendants tried jointly |
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(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; |
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(4) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $4; |
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(5) a fee for technology fund on a misdemeanor offense |
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(Art. 102.0173, Code of Criminal Procedure) . . . $4; |
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(6) 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; |
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(7) a fee on conviction of certain offenses involving |
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issuing or passing a subsequently dishonored check (Art. 102.0071, |
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Code of Criminal Procedure) . . . not to exceed $30; |
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(8) a court cost on conviction of a Class C misdemeanor |
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in a county with a population of 3.3 million or more, if authorized |
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by the county commissioners court (Art. 102.009, Code of Criminal |
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Procedure) . . . not to exceed $7; and |
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(9) a civil justice fee (Art. 102.022, Code of |
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Criminal Procedure) . . . $0.10. |
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Sec. 82A.252 [102.102]. ADDITIONAL COURT COSTS ON |
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CONVICTION IN JUSTICE COURT: BUSINESS & COMMERCE CODE. The clerk |
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of a justice court shall collect from a defendant a court cost not |
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to exceed $30 under Section 3.506, Business & Commerce Code, on |
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conviction of certain offenses involving issuing or passing a |
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subsequently dishonored check. |
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Sec. 82A.253 [102.103]. ADDITIONAL COURT COSTS ON |
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CONVICTION IN JUSTICE COURT: HUMAN RESOURCES CODE. A clerk of a |
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justice court shall collect from a defendant a court cost of $1.50 |
|
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under Section 152.0522, Human Resources Code, on conviction in |
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Comal County. |
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SUBCHAPTER G. CRIMINAL COURT COSTS IN MUNICIPAL COURT |
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Sec. 82A.301 [102.121]. ADDITIONAL COURT COSTS ON |
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CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The |
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clerk of a municipal court shall collect fees and costs on |
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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) . . . $3; |
|
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(2) a fee for withdrawing request for jury less than 24 |
|
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hours before time of trial (Art. 102.004, Code of Criminal |
|
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Procedure) . . . $3; |
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(3) a jury fee for two or more defendants tried jointly |
|
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(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; |
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(4) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $3; |
|
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(5) a fee for technology fund on a misdemeanor offense |
|
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(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; |
|
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(6) a juvenile case manager fee (Art. 102.0174, Code |
|
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of Criminal Procedure) . . . not to exceed $5 if the municipality |
|
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employs a juvenile case manager; and |
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|
(7) a civil justice fee (Art. 102.022, Code of |
|
|
Criminal Procedure) . . . $0.10. |
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SUBCHAPTER H. CRIMINAL COURT COSTS IN MUNICIPAL COURT OF RECORD |
|
|
Sec. 82A.351 [102.141]. ADDITIONAL COURT COSTS IN |
|
|
MUNICIPAL COURT OF RECORD: CODE OF CRIMINAL PROCEDURE. The clerk of |
|
|
a municipal court of record shall collect from a defendant on |
|
|
conviction of a misdemeanor offense a fee of not more than $4 under |
|
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Article 102.0172, Code of Criminal Procedure, for the technology |
|
|
fund. |
|
|
Sec. 82A.352 [102.142]. ADDITIONAL COURT COSTS IN |
|
|
MUNICIPAL COURT OF RECORD: GOVERNMENT CODE. The clerk of a |
|
|
municipal court of record shall collect the following fees and |
|
|
costs: |
|
|
(1) from an appellant, a fee for preparation of the |
|
|
clerk's record (Sec. 30.00014, Government Code) . . . $25; and |
|
|
(2) from an appellant in the City of El Paso, an |
|
|
appellate court docket fee (Sec. 30.00147, Government Code) . . . |
|
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$25. |
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|
SECTION 2. (a) The Office of Court Administration of the |
|
|
Texas Judicial System shall conduct a study on criminal court costs |
|
|
and fees in this state and develop recommendations on improving |
|
|
court cost and fee assessment and collection for criminal |
|
|
defendants. |
|
|
(b) The study described by Subsection (a) of this section |
|
|
must assess the feasibility and desirability of: |
|
|
(1) basing the amount of criminal court costs and fees |
|
|
solely on the grade of offense; |
|
|
(2) consolidating statutory references to criminal |
|
|
court costs and fees; |
|
|
(3) increasing criminal court costs and fees based on |
|
|
cost-of-living increases through rulemaking; and |
|
|
(4) providing training to judges, clerks, and other |
|
|
court personnel on criminal court costs and fees. |
|
|
(c) Not later than January 1, 2015, the Office of Court |
|
|
Administration of the Texas Judicial System shall submit to the |
|
|
legislature a report based on the study required by this section. |
|
|
The report must include any legislative recommendations for |
|
|
improving criminal court cost and fee assessment and collection for |
|
|
criminal defendants in this state. |
|
|
(d) This section expires January 31, 2015. |
|
|
SECTION 3. Chapter 82A, Local Government Code, as added by |
|
|
this Act, applies to a court cost or fee imposed on or after the |
|
|
effective date of this Act, regardless of whether the offense for |
|
|
which the cost or fee was imposed was committed before, on, or after |
|
|
that date. |
|
|
SECTION 4. This Act takes effect January 1, 2014. |