83R9181 JSC-D
	By: West	S.B. No. 1420

	A BILL TO BE ENTITLED
	AN ACT
	relating to court costs and fees in criminal proceedings.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 102, Government Code, is transferred to
	Subtitle B, Title 3, Local Government Code, redesignated as Chapter
	82A, Local Government Code, and amended to read as follows:
	CHAPTER 82A [102]. COURT COSTS IN CRIMINAL PROCEEDINGS
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 82A.001 [102.001].  APPLICABILITY OF OTHER LAW. [(a)]
	To the extent of any conflict between the provisions of this chapter
	and another state statute, the other statute prevails.
	[(b)     The organizational structure of this subtitle and the
	statutory placement of a court fee or cost within that
	organizational structure does not:
	[(1)     affect a duty imposed on or the authority granted
	to a judge or clerk of a court by any other state statute with
	respect to the imposition, assessment, or collection of the fee or
	cost; or
	[(2)     impose a duty on or grant authority to a judge or
	clerk of a court not otherwise imposed or granted by other law with
	respect to the imposition, assessment, or collection of the fee or
	cost.]
	SUBCHAPTER B. COURT COSTS ON CONVICTION
	Sec. 82A.051 [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 truancy or
	contributing to truancy (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 the offense of
	public lewdness or indecent exposure (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 469, Health and
	Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60.
	Sec. 82A.052 [102.0211].  COURT COSTS ON
	CONVICTION:  GOVERNMENT CODE. A person convicted of an offense
	shall pay the following under the Government Code, in addition to
	all other costs:
	(1)  court costs on certain convictions in statutory
	county courts (Sec. 51.702, Government Code) . . . $15; and
	(2)  court costs on certain convictions in certain
	county courts (Sec. 51.703, Government Code) . . . $15.
	Sec. 82A.053 [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) . . . $133;
	(2)  court costs on conviction of a Class A or Class B
	misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
	(3)  court costs on conviction of a nonjailable
	misdemeanor offense, including a criminal violation of a municipal
	ordinance, other than a conviction of an offense relating to a
	pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
	Government Code) . . . $40;
	(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) . . . $25;
	(5)  a cost on conviction of any offense, other than an
	offense relating to a pedestrian or the parking of a motor vehicle
	(Sec. 133.105, Local Government Code) . . . $6; and
	(6)  a cost on conviction of any offense, other than an
	offense relating to a pedestrian or the parking of a motor vehicle
	(Sec. 133.107, Local Government Code) . . . $2.
	Sec. 82A.054 [102.0213].  COURT COSTS ON
	CONVICTION:  TRANSPORTATION CODE. A person convicted of an offense
	shall pay the following under the Transportation Code, in addition
	to all other costs:
	(1)  court cost on conviction of a misdemeanor under
	Subtitle C, Title 7, Transportation Code (Sec. 542.403,
	Transportation Code) . . . $3;
	(2)  cost for impoundment of vehicle (Sec. 601.263,
	Transportation Code) . . . $15 per day; and
	(3)  a civil and criminal enforcement cost on
	conviction of an offense of, or related to, the nonpayment of a toll
	in certain counties (Sec. 284.2031, Transportation Code) . . . $1.
	Sec. 82A.055 [102.0214].  COURT COSTS ON CONVICTION:  PARKS
	AND WILDLIFE CODE. A person convicted of an offense shall pay under
	Section 12.110, Parks and Wildlife Code, in addition to all other
	costs,  the actual cost of any storage, care, feeding, cold
	storage, or processing necessary for an unlawfully taken, shipped,
	or possessed game bird, fowl, animal, game fish, or exotic animal.
	SUBCHAPTER C. CRIMINAL COURT COSTS IN DISTRICT COURT
	Sec. 82A.101 [102.041].  ADDITIONAL COURT COSTS ON
	CONVICTION IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The
	clerk of a district 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) . . . $20;
	(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 felony offense (Art. 102.017,
	Code of Criminal Procedure) . . . $5;
	(6)  a security fee on a misdemeanor offense (Art.
	102.017, Code of Criminal Procedure) . . . $3; and
	(7)  a juvenile delinquency prevention and graffiti
	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
	$50.
	Sec. 82A.102 [102.042].  ADDITIONAL COURT COSTS ON
	CONVICTION IN DISTRICT COURT: HUMAN RESOURCES CODE. The clerk of a
	district court shall collect from a defendant a court cost of $4
	under Section 152.0522, Human Resources Code, on conviction in
	Comal County.
	SUBCHAPTER D. CRIMINAL COURT COSTS IN STATUTORY COUNTY COURT
	Sec. 82A.151 [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) . . . $20;
	(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;
	(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; and
	(8)  a civil justice fee (Art. 102.022, Code of
	Criminal Procedure) . . . $0.10.
	Sec. 82A.152 [102.062].  ADDITIONAL COURT COSTS ON
	CONVICTION IN STATUTORY COUNTY COURT: HUMAN RESOURCES CODE. The
	clerk of a statutory county court shall collect from a defendant a
	court cost of $4 under Section 152.0522, Human Resources Code, on
	conviction in Comal County.
	SUBCHAPTER E. CRIMINAL COURT COSTS IN COUNTY COURT
	Sec. 82A.201 [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) . . . $20;
	(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;
	(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; and
	(8)  a civil justice fee (Art. 102.022, Code of
	Criminal Procedure) . . . $0.10.
	SUBCHAPTER F. CRIMINAL COURT COSTS IN JUSTICE COURT
	Sec. 82A.251 [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;
	(7)  a fee on conviction of certain offenses involving
	issuing or passing a subsequently dishonored check (Art. 102.0071,
	Code of Criminal Procedure) . . . not to exceed $30;
	(8)  a court cost on conviction of a Class C misdemeanor
	in a county with a population of 3.3 million or more, if authorized
	by the county commissioners court (Art. 102.009, Code of Criminal
	Procedure) . . . not to exceed $7; and
	(9)  a civil justice fee (Art. 102.022, Code of
	Criminal Procedure) . . . $0.10.
	Sec. 82A.252 [102.102].  ADDITIONAL COURT COSTS ON
	CONVICTION IN JUSTICE COURT:  BUSINESS & COMMERCE CODE. The clerk
	of a justice court shall collect from a defendant a court cost not
	to exceed $30 under Section 3.506, Business & Commerce Code, on
	conviction of certain offenses involving issuing or passing a
	subsequently dishonored check.
	Sec. 82A.253 [102.103].  ADDITIONAL COURT COSTS ON
	CONVICTION IN JUSTICE COURT: HUMAN RESOURCES CODE. A clerk of a
	justice court shall collect from a defendant a court cost of $1.50
	under Section 152.0522, Human Resources Code, on conviction in
	Comal County.
	SUBCHAPTER G. CRIMINAL COURT COSTS IN MUNICIPAL COURT
	Sec. 82A.301 [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;
	(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; and
	(7)  a civil justice fee (Art. 102.022, Code of
	Criminal Procedure) . . . $0.10.
	SUBCHAPTER H. CRIMINAL COURT COSTS IN MUNICIPAL COURT OF RECORD
	Sec. 82A.351 [102.141].  ADDITIONAL COURT COSTS IN
	MUNICIPAL COURT OF RECORD: CODE OF CRIMINAL PROCEDURE. The clerk of
	a municipal court of record shall collect  from a defendant on
	conviction of a misdemeanor offense a fee of not more than $4 under
	Article 102.0172, Code of Criminal Procedure, for the technology
	fund.
	Sec. 82A.352 [102.142].  ADDITIONAL COURT COSTS IN
	MUNICIPAL COURT OF RECORD: GOVERNMENT CODE. The clerk of a
	municipal court of record shall collect the following fees and
	costs:
	(1)  from an appellant, a fee for preparation of the
	clerk's record (Sec. 30.00014, Government Code) . . . $25; and
	(2)  from an appellant in the City of El Paso, an
	appellate court docket fee (Sec. 30.00147, Government Code) . . .
	$25.
	SECTION 2.  (a) The Office of Court Administration of the
	Texas Judicial System shall conduct a study on criminal court costs
	and fees in this state and develop recommendations on improving
	court cost and fee assessment and collection for criminal
	defendants.
	(b)  The study described by Subsection (a) of this section
	must assess the feasibility and desirability of:
	(1)  basing the amount of criminal court costs and fees
	solely on the grade of offense;
	(2)  consolidating statutory references to criminal
	court costs and fees;
	(3)  increasing criminal court costs and fees based on
	cost-of-living increases through rulemaking; and
	(4)  providing training to judges, clerks, and other
	court personnel on criminal court costs and fees.
	(c)  Not later than January 1, 2015, the Office of Court
	Administration  of the Texas Judicial System shall submit to the
	legislature a report based on the study required by this section.
	The report must include any legislative recommendations for
	improving criminal court cost and fee assessment and collection for
	criminal defendants in this state.
	(d)  This section expires January 31, 2015.
	SECTION 3.  Chapter 82A, Local Government Code, as added by
	this Act, applies to a court cost or fee imposed on or after the
	effective date of this Act, regardless of whether the offense for
	which the cost or fee was imposed was committed before, on, or after
	that date.
	SECTION 4.  This Act takes effect January 1, 2014.