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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the constable technology fund; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0175 to read as |
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follows: |
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Art. 102.0175. COURT COSTS; CONSTABLE TECHNOLOGY FUND. (a) |
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The commissioners court of a county by order shall create a |
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constable technology fund. A defendant convicted of a misdemeanor |
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offense in justice court shall pay a $4 constable technology fee as |
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a cost of court for deposit in the fund. |
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(b) In this article, a person is considered convicted if: |
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(1) a sentence is imposed on the person; or |
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(2) the court defers final disposition of the person's |
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case. |
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(c) The justice court clerk shall collect the costs and pay |
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the funds to the county treasurer, or to any other official who |
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discharges the duties commonly delegated to the county treasurer, |
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for deposit in a fund to be known as the constable technology fund. |
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(d) A fund designated by this article may be used only to |
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finance: |
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(1) the cost of continuing education and training for |
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constables, deputy constables, and support staff regarding |
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technological enhancements for the office of constable; and |
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(2) the purchase and maintenance of technological |
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enhancements for the office of constable, including: |
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(A) computer systems; |
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(B) computer networks; |
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(C) computer hardware; |
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(D) computer software; |
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(E) electronic transmission hardware or |
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software; |
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(F) imaging and recording systems and equipment; |
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(G) court integration equipment; and |
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(H) records management systems. |
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(e) The constable technology fund shall be administered by or |
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under the direction of the commissioners court of the county. |
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SECTION 2. Section 102.101, Government Code, is amended to |
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read as follows: |
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Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN |
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JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice |
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court shall collect fees and costs under the Code of Criminal |
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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 or similar sight |
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order (Art. 102.0071, Code of Criminal Procedure) . . . not to |
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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; and |
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(10) a fee for constable technology fund on a |
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misdemeanor offense (Art. 102.0175, Code of Criminal |
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Procedure) . . . $4. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For purposes |
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of this section, an offense was committed before the effective date |
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of this Act if any element of the offense was committed before that |
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date. |
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SECTION 4. This Act takes effect September 1, 2015. |