84R9479 ADM-D
 
  By: Fletcher H.B. No. 1425
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the amount of the fee paid by a defendant for a peace
  officer's services in executing or processing an arrest warrant,
  capias, or capias pro fine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 102.011(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A defendant convicted of a felony or a misdemeanor shall
  pay the following fees for services performed in the case by a peace
  officer:
               (1)  $5 for issuing a written notice to appear in court
  following the defendant's violation of a traffic law, municipal
  ordinance, or penal law of this state, or for making an arrest
  without a warrant;
               (2)  $75 [$50] for executing or processing an issued
  arrest warrant, capias, or capias pro fine with the fee imposed for
  the services of:
                     (A)  the law enforcement agency that executed the
  arrest warrant or capias, if the agency requests of the court, not
  later than the 15th day after the date of the execution of the
  arrest warrant or capias, the imposition of the fee on conviction;
  or
                     (B)  the law enforcement agency that processed the
  arrest warrant or capias, if:
                           (i)  the arrest warrant or capias was not
  executed; or
                           (ii)  the executing law enforcement agency
  failed to request the fee within the period required by Paragraph
  (A) of this subdivision;
               (3)  $5 for summoning a witness;
               (4)  $35 for serving a writ not otherwise listed in this
  article;
               (5)  $10 for taking and approving a bond and, if
  necessary, returning the bond to the courthouse;
               (6)  $5 for commitment or release;
               (7)  $5 for summoning a jury, if a jury is summoned; and
               (8)  $8 for each day's attendance of a prisoner in a
  habeas corpus case if the prisoner has been remanded to custody or
  held to bail.
         SECTION 2.  Section 102.021, Government Code, is amended to
  read as follows:
         Sec. 102.021.  COURT COSTS ON CONVICTION:  CODE OF CRIMINAL
  PROCEDURE.  A person convicted of an offense shall pay the
  following under the Code of Criminal Procedure, in addition to all
  other costs:
               (1)  court cost on conviction of any offense, other
  than a conviction of an offense relating to a pedestrian or the
  parking of a motor vehicle (Art. 102.0045, Code of Criminal
  Procedure) . . . $4;
               (2)  a fee for services of prosecutor (Art. 102.008,
  Code of Criminal Procedure) . . . $25;
               (3)  fees for services of peace officer:
                     (A)  issuing a written notice to appear in court
  for certain violations (Art. 102.011, Code of Criminal Procedure) .
  . . $5;
                     (B)  executing or processing an issued arrest
  warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
  Procedure) . . . $75 [$50];
                     (C)  summoning a witness (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (D)  serving a writ not otherwise listed (Art.
  102.011, Code of Criminal Procedure) . . . $35;
                     (E)  taking and approving a bond and, if
  necessary, returning the bond to courthouse (Art. 102.011, Code of
  Criminal Procedure) . . . $10;
                     (F)  commitment or release (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (G)  summoning a jury (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (H)  attendance of a prisoner in habeas corpus
  case if prisoner has been remanded to custody or held to bail (Art.
  102.011, Code of Criminal Procedure) . . . $8 each day;
                     (I)  mileage for certain services performed (Art.
  102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
                     (J)  services of a sheriff or constable who serves
  process and attends examining trial in certain cases (Art. 102.011,
  Code of Criminal Procedure) . . . not to exceed $5;
               (4)  services of a peace officer in conveying a witness
  outside the county (Art. 102.011, Code of Criminal Procedure) . . .
  $10 per day or part of a day, plus actual necessary travel expenses;
               (5)  overtime of peace officer for time spent
  testifying in the trial or traveling to or from testifying in the
  trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
               (6)  court costs on an offense relating to rules of the
  road, when offense occurs within a school crossing zone (Art.
  102.014, Code of Criminal Procedure) . . . $25;
               (7)  court costs on an offense of passing a school bus
  (Art. 102.014, Code of Criminal Procedure) . . . $25;
               (8)  court costs on an offense of truancy or
  contributing to truancy (Art. 102.014, Code of Criminal Procedure)
  . . . $20;
               (9)  cost for visual recording of intoxication arrest
  before conviction (Art. 102.018, Code of Criminal Procedure) . . .
  $15;
               (10)  cost of certain evaluations (Art. 102.018, Code
  of Criminal Procedure) . . . actual cost;
               (11)  additional costs attendant to certain
  intoxication convictions under Chapter 49, Penal Code, for
  emergency medical services, trauma facilities, and trauma care
  systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
               (12)  additional costs attendant to certain child
  sexual assault and related convictions, for child abuse prevention
  programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
               (13)  court cost for DNA testing for certain felonies
  (Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
               (14)  court cost for DNA testing for the offense of
  public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
  Criminal Procedure) . . . $50;
               (15)  court cost for DNA testing for certain felonies
  (Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
               (16)  if required by the court, a restitution fee for
  costs incurred in collecting restitution installments and for the
  compensation to victims of crime fund (Art. 42.037, Code of
  Criminal Procedure) . . . $12;
               (17)  if directed by the justice of the peace or
  municipal court judge hearing the case, court costs on conviction
  in a criminal action (Art. 45.041, Code of Criminal Procedure) . . .
  part or all of the costs as directed by the judge; and
               (18)  costs attendant to convictions under Chapter 49,
  Penal Code, and under Chapter 481, Health and Safety Code, to help
  fund drug court programs established under Chapter 122, 123, 124,
  or 125, Government Code, or former law (Art. 102.0178, Code of
  Criminal Procedure) . . . $60.
         SECTION 3.  The change in law made by this Act applies only
  to a fee imposed for the execution or processing of a warrant,
  capias, or capias pro fine issued for an offense committed on or
  after the effective date of this Act. A fee imposed for the
  execution or processing of a warrant, capias, or capias pro fine
  issued for an offense committed before the effective date of this
  Act is governed by the law in effect on the date the offense was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this section, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2015.