Bill Text: TX HB904 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Relating to court costs imposed on conviction and deposited to the municipal court building security fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-04-13 - Referred to Jurisprudence [HB904 Detail]

Download: Texas-2011-HB904-Comm_Sub.html

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82R3427 YDB-F
By: Thompson H.B. No. 904

A BILL TO BE ENTITLED
AN ACT
relating to court costs imposed on conviction and deposited to the
municipal court building security fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.017(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A defendant convicted of a misdemeanor offense in a
county court, county court at law, or district court shall pay a $3
security fee as a cost of court. A defendant convicted of a
misdemeanor offense in a justice court shall pay a $4 security fee
as a cost of court. The governing body of a municipality by
ordinance may create a municipal court building security fund and
may require a defendant convicted of a misdemeanor offense in a
municipal court to pay a $4 [$3] security fee as a cost of court.
SECTION 2. 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) . . . $4 [$3];
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
SECTION 3. (a) Section 51.607, Government Code, does not
apply to the imposition or change in the amount of a court cost
assessed under Article 102.017(b), Code of Criminal Procedure, as
amended by this Act, or under Section 102.121, Government Code, as
amended by this Act.
(b) The change in law made by this Act applies only to court
costs imposed on conviction in a municipal court of an offense
committed on or after the effective date of an ordinance of the
governing body of the municipality that requires a defendant
convicted of the offense to pay the cost. Court costs imposed on
conviction of an offense committed before that date are governed by
the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose.
SECTION 4. 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, 2011.