Bill Text: TX HB331 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the authority of the governing body of a municipality to create a municipal court equal justice and education fund and to require certain defendants to pay court costs for deposit in the fund.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-04-21 - Considered in Calendars [HB331 Detail]
Download: Texas-2011-HB331-Comm_Sub.html
| 82R701 GCB-D | ||
| By: Guillen | H.B. No. 331 | |
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| relating to the authority of the governing body of a municipality to | ||
| create a municipal court equal justice and education fund and to | ||
| require certain defendants to pay court costs for deposit in the | ||
| fund. | ||
| 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; MUNICIPAL COURT EQUAL JUSTICE | ||
| AND EDUCATION FUND. (a) The governing body of a municipality by | ||
| ordinance may create a municipal court equal justice and education | ||
| fund and may require a defendant convicted of a misdemeanor offense | ||
| in a municipal court or municipal court of record to pay a $1 equal | ||
| justice and education 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 municipal court clerk shall collect the costs and | ||
| pay the funds to the municipal treasurer, or to any other official | ||
| who discharges the duties commonly delegated to the municipal | ||
| treasurer, for deposit in a fund to be known as the municipal court | ||
| equal justice and education fund. | ||
| (d) A fund designated by this article may be used only to | ||
| finance: | ||
| (1) the purchase of services, materials, or equipment | ||
| for a municipal court or municipal court of record to provide equal | ||
| justice for individuals involved in the justice system, including | ||
| the purchase of: | ||
| (A) interpreter services; | ||
| (B) mental health and counseling services; or | ||
| (C) modifications to municipal court buildings | ||
| and other accommodations for individuals with disabilities; | ||
| (2) the appointment of an attorney for an indigent | ||
| defendant; or | ||
| (3) the education of municipal court judges and | ||
| municipal court support personnel, including the payment of | ||
| tuition, conference fees, and travel expenses incurred for | ||
| educational purposes. | ||
| (e) The municipal court equal justice and education fund | ||
| shall be administered by or under the direction of the governing | ||
| body of the municipality. | ||
| (f) The presiding judge of the municipal court shall | ||
| authorize expenditures from the fund and ensure that the | ||
| expenditures comply with any applicable purchasing policies of the | ||
| municipality. The judge shall provide to the governing body of the | ||
| municipality on a quarterly basis a detailed description and | ||
| accounting of all money spent under this article. | ||
| (g) The governing body of the municipality by ordinance may | ||
| provide that any amount in the fund that is not spent during a | ||
| fiscal year may remain in the fund for use in a subsequent fiscal | ||
| year. | ||
| SECTION 2. Subchapter G, Chapter 102, Government Code, is | ||
| amended by adding Section 102.1211 to read as follows: | ||
| Sec. 102.1211. EQUAL JUSTICE AND EDUCATION FUND FEE ON | ||
| CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The | ||
| clerk of a municipal court shall collect from a defendant an equal | ||
| justice and education fund fee of $1 under Article 102.0175, Code of | ||
| Criminal Procedure, on conviction. | ||
| SECTION 3. Subchapter H, Chapter 102, Government Code, is | ||
| amended by adding Section 102.1411 to read as follows: | ||
| Sec. 102.1411. EQUAL JUSTICE AND EDUCATION FUND FEE ON | ||
| CONVICTION IN MUNICIPAL COURT OF RECORD: CODE OF CRIMINAL | ||
| PROCEDURE. The clerk of a municipal court of record shall collect | ||
| from a defendant an equal justice and education fund fee of $1 under | ||
| Article 102.0175, Code of Criminal Procedure, on conviction. | ||
| SECTION 4. The change in law made by this Act applies only | ||
| to a cost on conviction for an offense committed on or after the | ||
| effective date of this Act. A cost on conviction for an offense | ||
| committed before the effective date of this Act is covered 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 occurred before that date. | ||
| SECTION 5. This Act takes effect September 1, 2011. | ||
| COMMITTEE AMENDMENT NO. | 1 | |
| Amend H.B. 331 (introduced version) as follows: | ||
| In Section 1 of the bill, Article 102.0175, Code of Criminal | ||
| Procedure, (page 2 line 13 through 17) strike "; or (3) the | ||
| education of municipal court judges and municipal court support | ||
| personnel, including the payment of tuition, conference fees, and | ||
| travel expenses incurred for educational purposes." | ||
| (2) In SECTION 1 of the bill, Article 102.0175, Code of | ||
| Criminal Procedure, (page 2, line 13) insert "." after "defendant" | ||
| Gallego | ||
