84R11996 LED-D

By: Kuempel H.B. No. 3927

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the constable technology fund; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.0175 to read as follows:

Art. 102.0175. COURT COSTS; CONSTABLE TECHNOLOGY FUND. (a) The commissioners court of a county by order shall create a constable technology fund. A defendant convicted of a misdemeanor offense in justice court shall pay a $4 constable technology fee as a cost of court for deposit in the fund.

(b) In this article, a person is considered convicted if:

(1) a sentence is imposed on the person; or

(2) the court defers final disposition of the person's case.

(c) The justice court clerk shall collect the costs and pay the funds to the county treasurer, or to any other official who discharges the duties commonly delegated to the county treasurer, for deposit in a fund to be known as the constable technology fund.

(d) A fund designated by this article may be used only to finance:

(1) the cost of continuing education and training for constables, deputy constables, and support staff regarding technological enhancements for the office of constable; and

(2) the purchase and maintenance of technological enhancements for the office of constable, including:

(A) computer systems;

(B) computer networks;

(C) computer hardware;

(D) computer software;

(E) electronic transmission hardware or software;

(F) imaging and recording systems and equipment;

(G) court integration equipment; and

(H) records management systems.

(e) The constable technology fund shall be administered by or under the direction of the commissioners court of the county.

SECTION 2. Section 102.101, Government Code, is amended to read as follows:

Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows:

(1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3;

(2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) . . . $3;

(3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;

(4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $4;

(5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal Procedure) . . . $4;

(6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5 if the court employs a juvenile case manager;

(7) a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored check or similar sight order (Art. 102.0071, Code of Criminal Procedure) . . . not to exceed $30;

(8) a court cost on conviction of a Class C misdemeanor in a county with a population of 3.3 million or more, if authorized by the county commissioners court (Art. 102.009, Code of Criminal Procedure) . . . not to exceed $7; [and]

(9) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10; and

(10) a fee for constable technology fund on a misdemeanor offense (Art. 102.0175, Code of Criminal Procedure) . . . $4.

SECTION 3. 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 governed 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 was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 4. This Act takes effect September 1, 2015.