Bill Text: TX SB346 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the consolidation, allocation, classification, and repeal of certain criminal court costs and other court-related costs, fines, and fees; imposing certain court costs and fees and increasing and decreasing the amounts of certain other court costs and fees.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-15 - Effective on 1/1/20 [SB346 Detail]
Download: Texas-2019-SB346-Introduced.html
Bill Title: Relating to the consolidation, allocation, classification, and repeal of certain criminal court costs and other court-related costs, fines, and fees; imposing certain court costs and fees and increasing and decreasing the amounts of certain other court costs and fees.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-15 - Effective on 1/1/20 [SB346 Detail]
Download: Texas-2019-SB346-Introduced.html
86R2714 SRS-D | ||
By: Zaffirini | S.B. No. 346 |
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relating to the consolidation and allocation of state criminal | ||
court costs; increasing the amounts of certain court costs and | ||
reducing the amounts of certain other court costs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 133.102, Local Government Code, is | ||
amended by amending Subsections (a) and (e) and adding Subsections | ||
(g) and (h) to read as follows: | ||
(a) Subject to Subsection (g), a [ |
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offense shall pay as a court cost, in addition to all other costs: | ||
(1) $185 [ |
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(2) $160 [ |
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misdemeanor; [ |
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(3) $122 on conviction of a Class C misdemeanor, | ||
except as provided by Subdivision (4); or | ||
(4) $30 [ |
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or county ordinance, including [ |
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offense relating to a pedestrian or the parking of a motor vehicle. | ||
(e) The comptroller shall allocate the court costs received | ||
under this section to the following accounts and funds so that each | ||
receives to the extent practicable, utilizing historical data as | ||
applicable, the same amount of money the account or fund would have | ||
received if the court costs for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) crime stoppers assistance 0.1354 [ |
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percent; | ||
(2) breath alcohol testing 0.2875 [ |
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(3) Bill Blackwood Law Enforcement Management | ||
Institute 1.1292 [ |
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(4) Texas Commission on Law Enforcement 2.6094 [ |
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(5) law enforcement and custodial officer | ||
supplemental retirement fund 5.8154 [ |
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(6) criminal justice planning 6.6130 [ |
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percent; | ||
(7) an account in the state treasury to be used only | ||
for the establishment and operation of the Center for the Study and | ||
Prevention of Juvenile Crime and Delinquency at Prairie View A&M | ||
University 0.6255 [ |
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(8) compensation to victims of crime fund 19.6314 | ||
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(9) emergency radio infrastructure account 2.8571 | ||
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(10) judicial and court personnel training fund 2.5137 | ||
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(11) an account in the state treasury to be used for | ||
the establishment and operation of the Correctional Management | ||
Institute of Texas and Criminal Justice Center Account 0.6230 | ||
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(12) fair defense account11.4938 [ |
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(13) state highway fund0.0328 percent; | ||
(14) judicial fund7.6820 percent; | ||
(15) EMS, trauma facilities, and trauma care systems | ||
account1.0796 percent; | ||
(16) designated trauma facility and EMS8.1245 | ||
percent; | ||
(17) general revenue fund12.2514 percent; and | ||
(18) general revenue fund (portion replacing the | ||
former state traffic fine)16.4953 percent. | ||
(g) In this subsection, "consumer price index" means the | ||
annual revised Consumer Price Index for All Urban Consumers | ||
(CPI-U), U.S. City Average, seasonally adjusted, as published by | ||
the federal Bureau of Labor Statistics of the United States | ||
Department of Labor, or its successor in function. On January 1 of | ||
each year, the Texas Judicial Council may increase each court cost | ||
amount prescribed by this section that was in effect on December 31 | ||
of the previous year by a percentage equal to the inflation rate for | ||
the preceding four-calendar-year period, and the resulting amount | ||
is rounded to the nearest dollar, if: | ||
(1) the inflation rate for that period, as determined | ||
by the Texas Judicial Council using the consumer price index for | ||
each of the preceding four calendar years, was at least three | ||
percent; and | ||
(2) the legislature did not increase the amount of the | ||
court cost during that period. | ||
(h) Not later than October 1 of each year: | ||
(1) the Texas Judicial Council shall determine the | ||
amounts of the court costs prescribed by this section that will be | ||
in effect on January 1 of the following year as provided by | ||
Subsections (a) and (g) and provide that information to the Office | ||
of Court Administration of the Texas Judicial System; and | ||
(2) the office of court administration shall publish | ||
the court cost amounts that will be in effect on January 1 of the | ||
following year on the office's Internet website and distribute the | ||
court cost information electronically to court clerks in this | ||
state. | ||
SECTION 2. Article 42.037(g)(1), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(1) The court may require a defendant to make | ||
restitution under this article within a specified period or in | ||
specified installments. If the court requires the defendant to make | ||
restitution in specified installments, in addition to the | ||
installment payments, the court may require the defendant to pay a | ||
one-time restitution fee of [ |
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shall retain the fee for costs incurred in collecting the specified | ||
installments [ |
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SECTION 3. Articles 102.0178(a), (d), and (e), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) In addition to other costs on conviction imposed by this | ||
chapter, a person shall pay $30 [ |
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of an offense punishable as a Class B misdemeanor or any higher | ||
category of offense under: | ||
(1) Chapter 49, Penal Code; or | ||
(2) Chapter 481, Health and Safety Code. | ||
(d) The custodian of a county treasury shall[ |
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collected under this article[ |
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(e) A county that [ |
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[ |
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program or establishes a drug court program may use [ |
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funds collected under this article [ |
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development and maintenance of drug court programs operated within | ||
the county. | ||
SECTION 4. Section 61.002(a), Family Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (b), this chapter | ||
applies to a proceeding to enter a juvenile court order: | ||
(1) for payment of probation fees under Section | ||
54.061; | ||
(2) for restitution under Sections 54.041(b) and | ||
54.048; | ||
(3) for payment of graffiti eradication fees under | ||
Section 54.0461; | ||
(4) for community service under Section 54.044(b); | ||
(5) [ |
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[ |
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act injurious to the welfare of the child under Section | ||
54.041(a)(1); | ||
(6) [ |
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child who is the subject of a proceeding under Section | ||
54.041(a)(2); | ||
(7) [ |
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household with the child to participate in counseling under Section | ||
54.041(a)(3); | ||
(8) [ |
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to pay reasonable attorney's fees for representing the child under | ||
Section 51.10(e); | ||
(9) [ |
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person to reimburse the county for payments the county has made to | ||
an attorney appointed to represent the child under Section 51.10(k) | ||
[ |
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(10) [ |
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supervision fees under Section 53.03(d); | ||
(11) [ |
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person to attend a court hearing under Section 51.115; | ||
(12) [ |
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person to act or refrain from acting to aid the child in complying | ||
with conditions of release from detention under Section 54.01(r); | ||
(13) [ |
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person to act or refrain from acting under any law imposing an | ||
obligation of action or omission on a parent or other eligible | ||
person because of the parent's or person's relation to the child who | ||
is the subject of a proceeding under this title; | ||
(14) [ |
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or | ||
(15) [ |
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educational program under Section 54.0404. | ||
SECTION 5. Section 26.007(a), Government Code, is amended | ||
to read as follows: | ||
(a) Beginning on the first day of the state fiscal year, the | ||
state shall annually compensate each county that collects the | ||
additional fees [ |
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to $5,000 if the county judge is entitled to an annual salary | ||
supplement from the state under Section 26.006. | ||
SECTION 6. Section 26.008(a), Government Code, is amended | ||
to read as follows: | ||
(a) At the end of each state fiscal year the comptroller | ||
shall determine the amounts deposited in the judicial fund under | ||
Section 51.703 and the amounts paid to the counties under Section | ||
26.007. If the total amount paid under Section 51.703 by all | ||
counties that collect fees [ |
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the total amount paid to the counties under Section 26.007, the | ||
state shall remit the excess to the counties that collect fees [ |
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of the total paid by each county. | ||
SECTION 7. The heading to Section 51.702, Government Code, | ||
is amended to read as follows: | ||
Sec. 51.702. ADDITIONAL FEES [ |
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COUNTY COURTS. | ||
SECTION 8. Sections 51.702(c), (d), and (e), Government | ||
Code, are amended to read as follows: | ||
(c) Fees [ |
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be collected in the same manner as other fees, fines, or costs are | ||
collected in the case. | ||
(d) The clerk shall deposit the fees [ |
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under this section to be sent to the comptroller as provided by | ||
Subchapter B, Chapter 133, Local Government Code. The comptroller | ||
shall deposit the fees in the judicial fund. | ||
(e) Section 51.320 applies to a fee [ |
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under this section. | ||
SECTION 9. The heading to Section 51.703, Government Code, | ||
is amended to read as follows: | ||
Sec. 51.703. ADDITIONAL FEES [ |
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COURTS. | ||
SECTION 10. Sections 51.703(c), (d), and (e), Government | ||
Code, are amended to read as follows: | ||
(c) Fees [ |
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be collected in the same manner as other fees, fines, or costs are | ||
collected in the case. | ||
(d) The clerk shall deposit the fees [ |
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under this section to be sent to the comptroller as provided by | ||
Subchapter B, Chapter 133, Local Government Code. The comptroller | ||
shall deposit the fees in the judicial fund. | ||
(e) Section 51.320 applies to a fee [ |
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under this section. | ||
SECTION 11. Sections 61.0015(c) and (e), Government Code, | ||
are amended to read as follows: | ||
(c) The comptroller shall pay claims for reimbursement | ||
under this section quarterly to the county treasury of each county | ||
that filed a claim [ |
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(e) If [ |
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claim for reimbursement in a timely manner, the comptroller shall[ |
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pay the balance to the county when the next payment is required. | ||
SECTION 12. 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) [ |
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Code of Criminal Procedure) . . . $25; | ||
(2) [ |
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(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; | ||
(3) [ |
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witness outside the county (Art. 102.011, Code of Criminal | ||
Procedure) . . . $10 per day or part of a day, plus actual necessary | ||
travel expenses; | ||
(4) [ |
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testifying in the trial or traveling to or from testifying in the | ||
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; | ||
(5) [ |
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of the road, when offense occurs within a school crossing zone (Art. | ||
102.014, Code of Criminal Procedure) . . . $25; | ||
(6) [ |
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school bus (Art. 102.014, Code of Criminal Procedure) . . . $25; | ||
(7) [ |
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contributing to student nonattendance (Art. 102.014, Code of | ||
Criminal Procedure) . . . $20; | ||
(8) [ |
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arrest before conviction (Art. 102.018, Code of Criminal Procedure) | ||
. . . $15; | ||
(9) [ |
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Code of Criminal Procedure) . . . actual cost; | ||
(10) [ |
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sexual assault and related convictions, for child abuse prevention | ||
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; | ||
(11) [ |
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costs incurred in collecting restitution installments and for the | ||
compensation to victims of crime fund (Art. 42.037, Code of | ||
Criminal Procedure) . . . $6 [ |
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(12) [ |
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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 | ||
(13) [ |
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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) . . . $30 [ |
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SECTION 13. Section 102.0212, Government Code, is amended | ||
to read as follows: | ||
Sec. 102.0212. COURT COSTS ON CONVICTION: LOCAL GOVERNMENT | ||
CODE. A person convicted of an offense shall pay the following | ||
under the Local Government Code, in addition to all other costs: | ||
(1) court costs on conviction of a felony (Sec. | ||
133.102, Local Government Code) . . . $185 [ |
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(2) court costs on conviction of a Class A or Class B | ||
misdemeanor (Sec. 133.102, Local Government Code) . . . $160 [ |
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(3) court costs on conviction of a Class C | ||
misdemeanor, except as provided by Section 133.102(a)(4), Local | ||
Government Code (Sec. 133.102, Local Government Code). . . $122; | ||
(3-a) court costs on conviction of [ |
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or county ordinance, including [ |
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offense relating to a pedestrian or the parking of a motor vehicle | ||
(Sec. 133.102, Local Government Code) . . . $30 [ |
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(4) a time payment fee if convicted of a felony or | ||
misdemeanor for paying any part of a fine, court costs, or | ||
restitution on or after the 31st day after the date on which a | ||
judgment is entered assessing the fine, court costs, or restitution | ||
(Sec. 133.103, Local Government Code) . . . $13 [ |
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SECTION 14. Section 102.061, Government Code, is amended to | ||
read as follows: | ||
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN | ||
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of | ||
a statutory county 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) . . . $40; | ||
(2) a fee for services of the clerk of the court (Art. | ||
102.005, Code of Criminal Procedure) . . . $40; | ||
(3) a records management and preservation services fee | ||
(Art. 102.005, Code of Criminal Procedure) . . . $25; | ||
(4) a county and district court technology fee (Art. | ||
102.0169, Code of Criminal Procedure) . . . $4; | ||
(5) a security fee on a misdemeanor offense (Art. | ||
102.017, Code of Criminal Procedure) . . . $3; | ||
(6) a juvenile delinquency prevention and graffiti | ||
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . | ||
$50; and | ||
(7) a juvenile case manager fee (Art. 102.0174, Code | ||
of Criminal Procedure) . . . not to exceed $5 if the court employs a | ||
juvenile case manager[ |
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SECTION 15. Section 102.081, Government Code, is amended to | ||
read as follows: | ||
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN | ||
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county | ||
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) . . . $40; | ||
(2) a fee for clerk of the court services (Art. | ||
102.005, Code of Criminal Procedure) . . . $40; | ||
(3) a records management and preservation services fee | ||
(Art. 102.005, Code of Criminal Procedure) . . . $25; | ||
(4) a county and district court technology fee (Art. | ||
102.0169, Code of Criminal Procedure) . . . $4; | ||
(5) a security fee on a misdemeanor offense (Art. | ||
102.017, Code of Criminal Procedure) . . . $3; | ||
(6) a juvenile delinquency prevention and graffiti | ||
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . | ||
$50; and | ||
(7) a juvenile case manager fee (Art. 102.0174, Code | ||
of Criminal Procedure) . . . not to exceed $5 if the court employs a | ||
juvenile case manager[ |
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SECTION 16. 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; and | ||
(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[ |
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SECTION 17. Section 102.121, Government Code, is amended to | ||
read as follows: | ||
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN | ||
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a | ||
municipal court shall collect fees and costs 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) . . . $3; | ||
(5) a fee for technology fund on a misdemeanor offense | ||
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; | ||
and | ||
(6) a juvenile case manager fee (Art. 102.0174, Code | ||
of Criminal Procedure) . . . not to exceed $5 if the municipality | ||
employs a juvenile case manager[ |
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SECTION 18. Section 103.0212, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to | ||
a civil suit, as applicable, shall pay the following fees and costs | ||
under the Family Code if ordered by the court or otherwise required: | ||
(1) in family matters: | ||
(A) issuing writ of withholding (Sec. 8.262, | ||
Family Code) . . . $15; | ||
(B) filing copy of writ of withholding to | ||
subsequent employer (Sec. 8.267, Family Code) . . . $15; | ||
(C) issuing and delivering modified writ of | ||
withholding or notice of termination (Sec. 8.302, Family Code) . . . | ||
$15; | ||
(D) issuing and delivering notice of termination | ||
of withholding (Sec. 8.303, Family Code) . . . $15; | ||
(E) issuance of change of name certificate (Sec. | ||
45.106, Family Code) . . . $10; | ||
(F) protective order fee (Sec. 81.003, Family | ||
Code) . . . $16; | ||
(G) filing suit requesting adoption of child | ||
(Sec. 108.006, Family Code) . . . $15; | ||
(H) filing fees for suits affecting parent-child | ||
relationship (Sec. 110.002, Family Code): | ||
(i) suit or motion for modification (Sec. | ||
110.002, Family Code) . . . $15; | ||
(ii) motion for enforcement (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(iii) notice of application for judicial | ||
writ of withholding (Sec. 110.002, Family Code) . . . $15; | ||
(iv) motion to transfer (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(v) petition for license suspension (Sec. | ||
110.002, Family Code) . . . $15; | ||
(vi) motion to revoke a stay of license | ||
suspension (Sec. 110.002, Family Code) . . . $15; and | ||
(vii) motion for contempt (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(I) order or writ of income withholding to be | ||
delivered to employer (Sec. 110.004, Family Code) . . . not to | ||
exceed $15; | ||
(J) filing fee for transferred case (Sec. | ||
110.005, Family Code) . . . $45; | ||
(K) filing a writ of withholding (Sec. 158.319, | ||
Family Code) . . . $15; | ||
(L) filing a request for modified writ of | ||
withholding or notice of termination (Sec. 158.403, Family Code) . | ||
. . not to exceed $15; | ||
(M) filing an administrative writ to employer | ||
(Sec. 158.503, Family Code) . . . not to exceed $15; and | ||
(N) genetic testing fees in relation to a child | ||
born to a gestational mother (Sec. 160.762, Family Code) . . . as | ||
assessed by the court; and | ||
(2) in juvenile court: | ||
(A) fee schedule for deferred prosecution | ||
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; | ||
(B) a request fee for a teen court program (Sec. | ||
54.032, Family Code) . . . $20, if the court ordering the fee is | ||
located in the Texas-Louisiana border region, but otherwise not to | ||
exceed $10; | ||
(C) [ |
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[ |
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(Sec. 54.0461, Family Code) . . . $50; | ||
(D) [ |
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period (Sec. 54.061, Family Code) . . . not to exceed $15 a month; | ||
(E) [ |
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of teen court (Sec. 54.032, Family Code) . . . $20, if the court | ||
ordering the fee is located in the Texas-Louisiana border region, | ||
but otherwise not to exceed $10; | ||
(F) [ |
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certain facilities (Sec. 54.0462, Family Code) . . . $50; | ||
(G) [ |
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on probation or as otherwise required by law (Sec. 54.0462, Family | ||
Code) . . . $34; | ||
(H) [ |
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violence court program (Sec. 54.0325, Family Code) . . . $10; and | ||
(I) [ |
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administering a teen dating violence court program (Sec. 54.0325, | ||
Family Code) . . . not to exceed $10. | ||
SECTION 19. Section 103.0213, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a | ||
party to a civil suit, as applicable, shall pay the following fees | ||
and costs under the Transportation Code if ordered by the court or | ||
otherwise required: | ||
(1) administrative fee on dismissal of charge of | ||
driving with an expired motor vehicle registration (Sec. 502.407, | ||
Transportation Code) . . . not to exceed $20; | ||
(2) administrative fee on dismissal of charge of | ||
driving with an expired driver's license (Sec. 521.026, | ||
Transportation Code) . . . not to exceed $20; | ||
(2-a) administrative fee on remediation of charge of | ||
operation of a vehicle without a registration insignia (Sec. | ||
502.473, Transportation Code) . . . not to exceed $10; | ||
(3) administrative fee on remediation of charge of | ||
operating a vehicle without complying with inspection requirements | ||
as certified (Sec. 548.605, Transportation Code) . . . not to exceed | ||
$20; | ||
(4) administrative fee for failure to appear for a | ||
complaint or citation on certain offenses (Sec. 706.006, | ||
Transportation Code) . . . $10 [ |
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(5) administrative fee for failure to pay or satisfy | ||
certain judgments (Sec. 706.006, Transportation Code) . . . $10 | ||
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(6) administrative fee on dismissal of charge of | ||
driving a commercial motor vehicle without a commercial driver's | ||
license or commercial learner's permit (Sec. 522.011, | ||
Transportation Code) . . . not to exceed $10. | ||
SECTION 20. Section 123.003(b), Government Code, is amended | ||
to read as follows: | ||
(b) For purposes of this chapter, each county or | ||
municipality that elects to establish a regional drug court program | ||
under this section is considered to have established the program | ||
and may use [ |
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Code of Criminal Procedure, in the same manner as if the county or | ||
municipality had established a drug court program without | ||
participating in a regional program. | ||
SECTION 21. Section 123.006(c), Government Code, is amended | ||
to read as follows: | ||
(c) Notwithstanding Subsection (a), a county is required to | ||
establish a drug court program under this section only if: | ||
(1) the county receives federal or state funding[ |
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(2) the judge, magistrate, or coordinator receives the | ||
verification described by Section 121.002(c)(2). | ||
SECTION 22. Section 124.004(b), Government Code, is amended | ||
to read as follows: | ||
(b) For purposes of this chapter, each county that elects to | ||
establish a regional veterans treatment court program under this | ||
section is considered to have established the program and may use | ||
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Criminal Procedure, in the same manner as if the county had | ||
established a veterans treatment court program without | ||
participating in a regional program. | ||
SECTION 23. Section 129.005(b), Government Code, is amended | ||
to read as follows: | ||
(b) For purposes of this chapter, each county that elects to | ||
establish a regional public safety employees treatment court | ||
program under this section is considered to have established the | ||
program and may use [ |
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102.0178, Code of Criminal Procedure, in the same manner as if the | ||
county had established a public safety employees treatment court | ||
program without participating in a regional program. | ||
SECTION 24. Section 411.145(c), Government Code, is amended | ||
to read as follows: | ||
(c) A fee collected under this section shall be deposited in | ||
the state treasury to the credit of the state highway fund, and | ||
money deposited to the state highway fund under this section and | ||
under Chapter 42A [ |
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Procedure, may be used only to defray the cost of administering this | ||
subchapter. | ||
SECTION 25. Section 773.006(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The account is composed of money deposited to the | ||
account under Section 133.102(e), Local Government Code [ |
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SECTION 26. Section 780.002(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) Notwithstanding Subsection (b), in any state fiscal | ||
year the comptroller shall deposit 49.5 percent of the surcharges | ||
collected under Chapter 708, Transportation Code, to the credit of | ||
the general revenue fund only until the total amount of the | ||
surcharges deposited to the credit of the general revenue fund | ||
under Subsection (b) and Section 133.102(e)(18), Local Government | ||
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million for that year. If in any state fiscal year the amount | ||
received by the comptroller under those laws for deposit to the | ||
credit of the general revenue fund exceeds $250 million, the | ||
comptroller shall deposit the additional amount to the credit of | ||
the Texas mobility fund. | ||
SECTION 27. Section 133.003, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 133.003. CRIMINAL FEES. This chapter applies to the | ||
following criminal fees: | ||
(1) the consolidated fee imposed under Section | ||
133.102; | ||
(2) the time payment fee imposed under Section | ||
133.103; and | ||
(3) [ |
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621.506(g), Transportation Code[ |
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SECTION 28. Section 133.103(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A person convicted of an offense shall pay, in addition | ||
to all other costs, a fee of $13 [ |
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(1) has been convicted of a felony or misdemeanor; and | ||
(2) pays any part of a fine, court costs, or | ||
restitution on or after the 31st day after the date on which a | ||
judgment is entered assessing the fine, court costs, or | ||
restitution. | ||
SECTION 29. Sections 706.006(a) and (b), Transportation | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (d), a person who fails | ||
to appear for a complaint or citation for an offense described by | ||
Section 706.002(a) shall be required to pay an administrative fee | ||
of $10 [ |
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department under this chapter, unless: | ||
(1) the person is acquitted of the charges for which | ||
the person failed to appear; | ||
(2) the charges on which the person failed to appear | ||
were dismissed with prejudice by motion of the appropriate | ||
prosecuting attorney for lack of evidence; | ||
(3) the failure to appear report was sent to the | ||
department in error; or | ||
(4) the case regarding the complaint or citation is | ||
closed and the failure to appear report has been destroyed in | ||
accordance with the applicable political subdivision's records | ||
retention policy. | ||
(b) Except as provided by Subsection (d), a person who fails | ||
to pay or satisfy a judgment ordering the payment of a fine and cost | ||
in the manner the court orders shall be required to pay an | ||
administrative fee of $10 [ |
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SECTION 30. Sections 706.007(a) and (d), Transportation | ||
Code, are amended to read as follows: | ||
(a) An officer collecting a fee under Section 706.006 shall | ||
remit the fee to the custodian of the municipal or county treasury | ||
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(d) The [ |
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custodian of a municipal or county treasury shall[ |
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county. | ||
SECTION 31. The following provisions are repealed: | ||
(1) Articles 102.0045, 102.0178(f) and (g), 102.0185, | ||
102.020, and 102.022, Code of Criminal Procedure; | ||
(2) Section 54.0411, Family Code; | ||
(3) Sections 51.702(b), 51.703(b), 61.0015(d), and | ||
102.0211, Government Code; | ||
(4) Sections 133.103(b), 133.104, 133.105, and | ||
133.107, Local Government Code; and | ||
(5) Sections 542.4031 and 706.007(b), (c), and (e), | ||
Transportation Code. | ||
SECTION 32. The changes in law made by this Act apply 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 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 33. This Act takes effect September 1, 2019. |