Bill Text: TX HB2481 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the creation and administration of certain specialty court programs; authorizing fees.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB2481 Detail]

Download: Texas-2019-HB2481-Enrolled.html
 
 
  H.B. No. 2481
 
 
 
 
AN ACT
  relating to the creation and administration of certain specialty
  court programs; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 124.003(b), Government Code, is amended
  to read as follows:
         (b)  A veterans treatment court program established under
  this chapter shall make, establish, and publish local procedures to
  ensure maximum participation of eligible defendants in the program 
  [county or counties in which those defendants reside].
         SECTION 2.  Sections 124.006(a) and (d), Government Code,
  are amended to read as follows:
         (a)  A veterans treatment court program that accepts
  placement of a defendant may transfer responsibility for
  supervising the defendant's participation in the program to another
  veterans treatment court program that is located in the county
  where the defendant works or resides or in a county adjacent to the
  county where the defendant works or resides.  The defendant's
  supervision may be transferred under this section only with the
  consent of both veterans treatment court programs and the
  defendant.
         (d)  If a defendant is charged with an offense in a county
  that does not operate a veterans treatment court program, the court
  in which the criminal case is pending may place the defendant in a
  veterans treatment court program located in the county where the
  defendant works or resides or in a county adjacent to the county
  where the defendant works or resides, provided that a program is
  operated in that county and the defendant agrees to the placement.  
  A defendant placed in a veterans treatment court program in
  accordance with this subsection must agree to abide by all rules,
  requirements, and instructions of the program.
         SECTION 3.  Subtitle K, Title 2, Government Code, is amended
  by adding Chapter 130 to read as follows:
  CHAPTER 130.  JUVENILE FAMILY DRUG COURT PROGRAM
         Sec. 130.001.  JUVENILE FAMILY DRUG COURT PROGRAM
  DEFINED.  In this chapter, "juvenile family drug court program"
  means a program that has the following essential characteristics:
               (1)  the integration of substance abuse treatment
  services in the processing of cases and proceedings under Title 3,
  Family Code;
               (2)  the use of a comprehensive case management
  approach involving court-appointed case managers and
  court-appointed special advocates to rehabilitate an individual
  who is suspected of substance abuse and who resides with a child who
  is the subject of a case filed under Title 3, Family Code;
               (3)  early identification and prompt placement of
  eligible individuals who volunteer to participate in the program;
               (4)  comprehensive substance abuse needs assessment
  and referrals to appropriate substance abuse treatment agencies for
  participants;
               (5)  a progressive treatment approach with specific
  requirements for participants to meet for successful completion of
  the program;
               (6)  monitoring of abstinence through periodic
  screening for alcohol or screening for controlled substances;
               (7)  ongoing judicial interaction with program
  participants;
               (8)  monitoring and evaluation of program goals and
  effectiveness;
               (9)  continuing interdisciplinary education for the
  promotion of effective program planning, implementation, and
  operation; and
               (10)  development of partnerships with public agencies
  and community organizations.
         Sec. 130.002.  AUTHORITY TO ESTABLISH PROGRAM. The
  commissioners court of a county may establish a juvenile family
  drug court program for individuals who:
               (1)  are suspected by the Department of Family and
  Protective Services or the court of having a substance abuse
  problem; and
               (2)  reside in the home of a child who is the subject of
  a case filed under Title 3, Family Code.
         Sec. 130.003.  PARTICIPANT PAYMENT FOR TREATMENT AND
  SERVICES.  A juvenile family drug court program may require a
  participant to pay the cost of all treatment and services received
  while participating in the program, based on the participant's
  ability to pay.
         Sec. 130.004.  FUNDING.  A county that creates a juvenile
  family drug court under this chapter shall explore the possibility
  of using court improvement project money to finance the juvenile
  family drug court in the county. The county also shall explore the
  availability of federal and state matching money to finance the
  court.
         SECTION 4.  Article 102.0178(g), Code of Criminal Procedure,
  is amended to read as follows:
         (g)  The comptroller shall deposit the funds received under
  this article to the credit of the drug court account in the general
  revenue fund to help fund drug court programs established under
  Chapter 122, 123, 124, 125, [or] 129, or 130, Government Code, or
  former law.  The legislature shall appropriate money from the
  account solely to the criminal justice division of the governor's
  office for distribution to drug court programs that apply for the
  money.
         SECTION 5.  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) . . . $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 parent contributing
  to student nonattendance (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 certain
  misdemeanors and felonies (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, 129, or 130, Government Code, or former law (Art.
  102.0178, Code of Criminal Procedure) . . . $60.
         SECTION 6.  Subchapter B, Chapter 103, Government Code, is
  amended by adding Section 103.02713 to read as follows:
         Sec. 103.02713.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:
  GOVERNMENT CODE. A participant in a juvenile family drug court
  program shall pay, if ordered by the court or otherwise required, in
  addition to any other fees or costs, a treatment and services fee in
  an amount to cover the cost of all treatment and services received.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2481 was passed by the House on May 2,
  2019, by the following vote:  Yeas 139, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2481 on May 23, 2019, by the following vote:  Yeas 141, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2481 was passed by the Senate, with
  amendments, on May 19, 2019, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
feedback