Bill Text: TX SB1233 | 2011-2012 | 82nd Legislature | Comm Sub
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Bill Title: Relating to the promotion of efficiencies in and the administration of certain district court and county services and functions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1233 Detail]
Download: Texas-2011-SB1233-Comm_Sub.html
Bill Title: Relating to the promotion of efficiencies in and the administration of certain district court and county services and functions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1233 Detail]
Download: Texas-2011-SB1233-Comm_Sub.html
By: West | S.B. No. 1233 | |
(In the Senate - Filed March 7, 2011; March 16, 2011, read | ||
first time and referred to Committee on Intergovernmental | ||
Relations; April 11, 2011, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 4, Nays 0; | ||
April 11, 2011, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1233 | By: West |
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relating to the promotion of efficiencies in and the administration | ||
of certain county services and functions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.31 to read as follows: | ||
Art. 2.31. COUNTY JAILERS. A jailer licensed under Chapter | ||
1701, Occupations Code, may execute lawful process issued to the | ||
jailer by any magistrate or court on a person confined in the jail | ||
at which the jailer is employed to the same extent that a peace | ||
officer is authorized to execute process under Article 2.13(b)(2), | ||
including: | ||
(1) a warrant under Chapter 15, 17, or 18; | ||
(2) a capias under Chapter 17 or 23; | ||
(3) a subpoena under Chapter 20 or 24; or | ||
(4) an attachment under Chapter 20 or 24. | ||
SECTION 2. Subsection (a), Article 20.011, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) Only the following persons may be present in a grand | ||
jury room while the grand jury is conducting proceedings: | ||
(1) grand jurors; | ||
(2) bailiffs; | ||
(3) the attorney representing the state; | ||
(4) witnesses while being examined or when necessary | ||
to assist the attorney representing the state in examining other | ||
witnesses or presenting evidence to the grand jury; | ||
(5) interpreters, if necessary; [ |
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(6) a stenographer or person operating an electronic | ||
recording device, as provided by Article 20.012; and | ||
(7) a person operating a video teleconferencing system | ||
for use under Article 20.151. | ||
SECTION 3. Subsection (b), Article 20.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) A grand juror, bailiff, interpreter, stenographer or | ||
person operating an electronic recording device, [ |
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preparing a typewritten transcription of a stenographic or | ||
electronic recording, or person operating a video teleconferencing | ||
system for use under Article 20.151 who discloses anything | ||
transpiring before the grand jury, regardless of whether the thing | ||
transpiring is recorded, in the course of the official duties of the | ||
grand jury, is [ |
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court, not exceeding $500 [ |
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exceeding 30 [ |
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imprisonment. | ||
SECTION 4. Chapter 20, Code of Criminal Procedure, is | ||
amended by adding Article 20.151 to read as follows: | ||
Art. 20.151. CERTAIN TESTIMONY BY VIDEO TELECONFERENCING. | ||
(a) With the consent of the foreman of the grand jury and the | ||
attorney representing the state, a peace officer summoned to | ||
testify before the grand jury may testify through the use of a | ||
closed circuit video teleconferencing system that provides an | ||
encrypted, simultaneous, compressed full motion video and | ||
interactive communication of image and sound between the peace | ||
officer, the attorney representing the state, and the grand jury. | ||
(b) In addition to being administered the oath described by | ||
Article 20.16(a), before being interrogated, a peace officer | ||
testifying through the use of a closed circuit video | ||
teleconferencing system under this article shall affirm that: | ||
(1) no person other than a person in the grand jury | ||
room is capable of hearing the peace officer's testimony; and | ||
(2) the peace officer's testimony is not being | ||
recorded or otherwise preserved by any person at the location from | ||
which the peace officer is testifying. | ||
(c) Testimony received from a peace officer under this | ||
article shall be recorded and preserved. | ||
SECTION 5. Article 27.18, Code of Criminal Procedure, is | ||
amended by amending Subsection (c) and adding Subsections (c-1) and | ||
(c-2) to read as follows: | ||
(c) A recording of the communication shall be made and | ||
preserved until all appellate proceedings have been disposed of. A | ||
court reporter or court recorder is not required to transcribe or | ||
make a separate recording of a plea taken under this article unless | ||
an appeal is taken in the case and a party requests a transcript. | ||
(c-1) The defendant may obtain a copy of a [ |
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made under Subsection (c) on payment of a reasonable amount to cover | ||
the costs of reproduction or, if the defendant is indigent, the | ||
court shall provide a copy to the defendant without charging a cost | ||
for the copy. | ||
(c-2) The loss or destruction of or failure to make a video | ||
recording of a plea entered under this article is not alone | ||
sufficient grounds for a defendant to withdraw the defendant's plea | ||
or to request the court to set aside a conviction, sentence, or | ||
plea. | ||
SECTION 6. Article 38.073, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 38.073. TESTIMONY OF INMATE WITNESSES. In a | ||
proceeding in the prosecution of a criminal offense in which an | ||
inmate in the custody of the Texas Department of Criminal Justice is | ||
required to testify as a witness, any deposition or testimony of the | ||
inmate witness may be conducted by a video teleconferencing system | ||
in the manner described by Article 27.18 [ |
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SECTION 7. Article 49.25, Code of Criminal Procedure, is | ||
amended by adding Section 13A to read as follows: | ||
Sec. 13A. FEES. A medical examiner may charge reasonable | ||
fees for services provided by the office of medical examiner under | ||
this article, including cremation approvals, court testimonies, | ||
consultations, and depositions. | ||
SECTION 8. Section 31.037, Election Code, is amended to | ||
read as follows: | ||
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The | ||
employment of the county elections administrator may be suspended, | ||
with or without pay, or terminated at any time for good and | ||
sufficient cause on the four-fifths vote of the county election | ||
commission and approval of that action by a majority vote of the | ||
commissioners court. | ||
SECTION 9. Subsection (b), Section 203.005, Family Code, is | ||
amended to read as follows: | ||
(b) The first payment of a fee under Subsection (a)(5) | ||
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is ordered to begin child support, alimony, or separate maintenance | ||
payments. Subsequent payments of the fee are due annually and in | ||
advance. | ||
SECTION 10. Subsection (b) and (e), Section 51.318, | ||
Government Code, are amended to read as follows: | ||
(b) The fees are: | ||
(1) for issuing a subpoena, including one copy$8 | ||
(2) for issuing a citation, commission for deposition, | ||
writ of execution, order of sale, writ of execution and order of | ||
sale, writ of injunction, writ of garnishment, writ of attachment, | ||
or writ of sequestration not provided for in Section 51.317, or any | ||
other writ or process not otherwise provided for, including one | ||
copy if required by law$8 | ||
(3) for searching files or records to locate a cause | ||
when the docket number is not provided$5 | ||
(4) for searching files or records to ascertain the | ||
existence of an instrument or record in the district clerk's | ||
office$5 | ||
(5) for abstracting a judgment$8 | ||
(6) for approving a bond$4 | ||
(7) for a certified copy of a record, judgment, order, | ||
pleading, or paper on file or of record in the district clerk's | ||
office, including certificate and seal, for each page or part of a | ||
page$1 | ||
(8) for a noncertified copy, for each page or part of a | ||
page not to exceed $1 | ||
(9) notwithstanding Section 51.3195, for an | ||
electronic certified copy of a record, judgment, order, pleading, | ||
or paper on file or of record in the district clerk's office, | ||
including certificate and seal, for each page or part of a | ||
pagenot to exceed $1. | ||
(e) The district clerk may not charge the United States | ||
Immigration and Customs Enforcement or the United States | ||
Citizenship and Immigration Services [ |
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fee for a copy of any document on file or of record in the clerk's | ||
office relating to an individual's criminal history, regardless of | ||
whether the document is certified. | ||
SECTION 11. Subchapter D, Chapter 101, Government Code, is | ||
amended by adding Section 101.06118 to read as follows: | ||
Sec. 101.06118. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT | ||
CODE. The clerk of a district court shall collect for an electronic | ||
certified copy of a record, judgment, order, pleading, or paper on | ||
file or of record in the district clerk's office, including | ||
certificate and seal, a fee not to exceed $1 for each page or part of | ||
a page under Section 51.318. | ||
SECTION 12. Section 551.0415, Government Code, is amended | ||
to read as follows: | ||
Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY OR COUNTY: | ||
REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION | ||
WILL BE TAKEN. (a) Notwithstanding Sections 551.041 and 551.042, | ||
a quorum of the governing body of a municipality or county may | ||
receive from municipal or county staff and a member of the governing | ||
body may make a report about items of community interest during a | ||
meeting of the governing body without having given notice of the | ||
subject of the report as required by this subchapter if no action is | ||
taken and, except as provided by Section 551.042, possible action | ||
is not discussed regarding the information provided in the report. | ||
(b) For purposes of Subsection (a), "items of community | ||
interest" includes: | ||
(1) expressions of thanks, congratulations, or | ||
condolence; | ||
(2) information regarding holiday schedules; | ||
(3) an honorary or salutary recognition of a public | ||
official, public employee, or other citizen, except that a | ||
discussion regarding a change in the status of a person's public | ||
office or public employment is not an honorary or salutary | ||
recognition for purposes of this subdivision; | ||
(4) a reminder about an upcoming event organized or | ||
sponsored by the governing body; | ||
(5) information regarding a social, ceremonial, or | ||
community event organized or sponsored by an entity other than the | ||
governing body that was attended or is scheduled to be attended by a | ||
member of the governing body or an official or employee of the | ||
municipality or county; and | ||
(6) announcements involving an imminent threat to the | ||
public health and safety of people in the municipality or county | ||
that has arisen after the posting of the agenda. | ||
SECTION 13. Subsection (a), Section 551.0725, Government | ||
Code, is amended to read as follows: | ||
(a) The commissioners court of a county [ |
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business and financial issues relating to a contract being | ||
negotiated if, before conducting the closed meeting: | ||
(1) the commissioners court votes unanimously that | ||
deliberation in an open meeting would have a detrimental effect on | ||
the position of the commissioners court in negotiations with a | ||
third person; and | ||
(2) the attorney advising the commissioners court | ||
issues a written determination that deliberation in an open meeting | ||
would have a detrimental effect on the position of the | ||
commissioners court in negotiations with a third person. | ||
SECTION 14. Subchapter Z, Chapter 157, Local Government | ||
Code, is amended by adding Section 157.9031 to read as follows: | ||
Sec. 157.9031. AUTHORITY TO REQUIRE REIMBURSEMENT FOR | ||
CERTAIN COVERAGE. A self-insuring county or the intergovernmental | ||
pool operating under Chapter 119, under policies concerning the | ||
provision of coverages adopted by the county's commissioners court | ||
or the pool's governing body, may require reimbursement for the | ||
provision of punitive damage coverage from a person to whom the | ||
county or intergovernmental pool provides coverage. | ||
SECTION 15. Subsections (b) and (f), Section 270.007, Local | ||
Government Code, are amended to read as follows: | ||
(b) A [ |
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the application or system. If the original contract for | ||
development of the application or system under Subsection (a) does | ||
not include a provision for marketing the application or system, a | ||
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compliance with Section 262.030, [ |
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concerning the alternative competitive procedure for insurance or | ||
high technology items. | ||
(f) Except as provided by Subsection (b), [ |
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this section for a price negotiated between the county and the | ||
purchaser or licensee, including another governmental entity | ||
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SECTION 16. Chapter 51, Property Code, is amended by adding | ||
Section 51.0022 to read as follows: | ||
Sec. 51.0022. FORECLOSURE DATA COLLECTION. (a) In this | ||
section, "department" means the Texas Department of Housing and | ||
Community Affairs. | ||
(b) A person filing a notice of sale of residential property | ||
under Section 51.002(b) must submit to the county clerk a completed | ||
form that provides the zip code for the property. | ||
(c) On completion of a sale of real property, the trustee or | ||
sheriff shall submit to the county clerk a completed form that | ||
contains information on whether the property is residential and the | ||
zip code of the property. | ||
(d) Not later than the 30th day after the date of receipt of | ||
a form under this section, the county clerk shall transmit the form | ||
to the department. | ||
(e) The board of the department shall prescribe the forms | ||
required under this section. The forms may only request | ||
information on whether the property is residential and the zip code | ||
of the property. | ||
(f) The department shall report the information received | ||
under this section quarterly to the legislature in a format | ||
established by the board of the department by rule. | ||
SECTION 17. Sections 86.022 and 112.008, Local Government | ||
Code, are repealed. | ||
SECTION 18. (a) Subsection (a), Article 20.011, and | ||
Subsection (b), Article 20.02, Code of Criminal Procedure, as | ||
amended by this Act, and Article 20.151, Code of Criminal | ||
Procedure, as added by this Act, apply only to testimony before a | ||
grand jury that is impaneled on or after the effective date of this | ||
Act. | ||
(b) Article 27.18, Code of Criminal Procedure, as amended by | ||
this Act, applies to a plea of guilty or nolo contendere entered on | ||
or after the effective date of this Act, regardless of whether the | ||
offense with reference to which the plea is entered is committed | ||
before, on, or after that date. | ||
(c) Article 38.073, Code of Criminal Procedure, as amended | ||
by this Act, applies only to the testimony of an inmate witness that | ||
is taken on or after the effective date of this Act. | ||
(d) Section 13A, Article 49.25, Code of Criminal Procedure, | ||
as added by this Act, applies only to a service provided by a | ||
medical examiner's office on or after the effective date of this | ||
Act. A service provided before the effective date of this Act is | ||
covered by the law in effect on the date the service was provided, | ||
and the former law is continued in effect for that purpose. | ||
(e) Subsection (b), Section 51.318, Government Code, as | ||
amended by this Act, applies only to a request for an electronic | ||
certified copy of a record, judgment, order, pleading, or paper on | ||
file or of record in the district clerk's office, including | ||
certificate and seal, made on or after the effective date of this | ||
Act. A request made before the effective date of this Act is | ||
covered by the law in effect when the request was made, and the | ||
former law is continued in effect for that purpose. | ||
(f) Subsection (a), Section 551.0725, Government Code, as | ||
amended by this Act, applies only to a meeting held on or after the | ||
effective date of this Act. A meeting held before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
meeting is held, and the former law is continued in effect for that | ||
purpose. | ||
(g) Subsections (b) and (f), Section 270.007, Local | ||
Government Code, as amended by this Act, apply only to a contract | ||
entered into on or after the effective date of this Act. A contract | ||
entered into before the effective date of this Act is governed by | ||
the law in effect when the contract was entered into, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 19. (a) The board of the Texas Department of | ||
Housing and Community Affairs shall adopt the forms and rules | ||
required by Section 51.0022, Property Code, as added by this Act, | ||
not later than January 1, 2012. | ||
(b) The change in law made by Section 51.0022, Property | ||
Code, as added by this Act, applies only to a notice of sale filed on | ||
or after January 1, 2012. A notice of sale filed before January 1, | ||
2012, is governed by the law in effect on the date the notice is | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 20. 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. | ||
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