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

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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

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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