Bill Text: TX SB1791 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to veterans treatment court programs and the results of successfully completing those programs; imposing a filing fee on certain civil cases to benefit veterans treatment court programs; changing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-23 - Referred to Criminal Justice [SB1791 Detail]
Download: Texas-2017-SB1791-Introduced.html
| 85R12489 LHC-D | ||
| By: Menéndez | S.B. No. 1791 | |
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| relating to veterans treatment court programs and the results of | ||
| successfully completing those programs; imposing a filing fee on | ||
| certain civil cases to benefit veterans treatment court programs; | ||
| changing a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 101, Government Code, is | ||
| amended by adding Section 101.061195 to read as follows: | ||
| Sec. 101.061195. ADDITIONAL DISTRICT COURT FEES FOR | ||
| VETERANS TREATMENT COURT PROGRAMS: GOVERNMENT CODE. The clerk of a | ||
| district court shall collect an additional filing fee of $3 under | ||
| Section 124.007 in civil cases to benefit veterans treatment court | ||
| programs. | ||
| SECTION 2. Subchapter E, Chapter 101, Government Code, is | ||
| amended by adding Section 101.081194 to read as follows: | ||
| Sec. 101.081194. ADDITIONAL STATUTORY COUNTY COURT FEES FOR | ||
| VETERANS TREATMENT COURT PROGRAMS: GOVERNMENT CODE. The clerk of a | ||
| statutory county court shall collect an additional filing fee of $3 | ||
| under Section 124.007 in civil cases to benefit veterans treatment | ||
| court programs. | ||
| SECTION 3. Section 103.027(a), Government Code, is amended | ||
| to read as follows: | ||
| (a) Fees and costs shall be paid or collected under the | ||
| Government Code as follows: | ||
| (1) filing a certified copy of a judicial finding of | ||
| fact and conclusion of law if charged by the secretary of state | ||
| (Sec. 51.905, Government Code) . . . $15; | ||
| (2) cost paid by each surety posting the bail bond for | ||
| an offense other than a misdemeanor punishable by fine only under | ||
| Chapter 17, Code of Criminal Procedure, for the assistant | ||
| prosecutor supplement fund and the fair defense account (Sec. | ||
| 41.258, Government Code) . . . $15, provided the cost does not | ||
| exceed $30 for all bail bonds posted at that time for an individual | ||
| and the cost is not required on the posting of a personal or cash | ||
| bond; | ||
| (3) to participate in a court proceeding in this | ||
| state, a nonresident attorney fee (Sec. 82.0361, Government Code) . | ||
| . . $250 except as waived or reduced under supreme court rules for | ||
| representing an indigent person; | ||
| (4) on a party's appeal of a final decision in a | ||
| contested case, the cost of preparing the original or a certified | ||
| copy of the record of the agency proceeding, if required by the | ||
| agency's rule, as a court cost (Sec. 2001.177, Government Code) . . | ||
| . as assessed by the court, all or part of the cost of preparation; | ||
| (5) a program fee for a drug court program (Sec. | ||
| 123.004, Government Code) . . . not to exceed $1,000; | ||
| (6) an alcohol or controlled substance testing, | ||
| counseling, and treatment fee (Sec. 123.004, Government Code) . . . | ||
| the amount necessary to cover the costs of testing, counseling, and | ||
| treatment; | ||
| (7) a reasonable program fee for a veterans treatment | ||
| court program (Sec. 124.005, Government Code) . . . not to exceed | ||
| $500 [ |
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| (8) a testing, counseling, and treatment fee for | ||
| testing, counseling, or treatment performed or provided under a | ||
| veterans treatment court program (Sec. 124.005, Government Code) . | ||
| . . the amount necessary to cover the costs of testing, counseling, | ||
| or treatment; and | ||
| (9) a nonrefundable program fee for a prostitution | ||
| prevention program (Sec. 126.006, Government Code) . . . a | ||
| reasonable amount not to exceed $1,000, which must include a | ||
| counseling and services fee in an amount necessary to cover the | ||
| costs of counseling and services provided by the program, a victim | ||
| services fee in an amount equal to 10 percent of the total fee, and a | ||
| law enforcement training fee in an amount equal to five percent of | ||
| the total fee. | ||
| SECTION 4. Section 124.005(a), Government Code, is amended | ||
| to read as follows: | ||
| (a) A veterans treatment court program established under | ||
| this chapter may collect from a participant in the program: | ||
| (1) a reasonable program fee not to exceed $500 | ||
| [ |
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| (2) a testing, counseling, and treatment fee in an | ||
| amount necessary to cover the costs of any testing, counseling, or | ||
| treatment performed or provided under the program. | ||
| SECTION 5. Chapter 124, Government Code, is amended by | ||
| adding Section 124.007 to read as follows: | ||
| Sec. 124.007. ADDITIONAL FILING FEE FOR CIVIL CASES IN | ||
| CERTAIN COURTS. (a) In addition to all other fees authorized or | ||
| required by other law, the clerk of a district court or statutory | ||
| county court shall assess a fee of $3 in each civil case filed in the | ||
| court to be used to benefit veterans treatment court programs. | ||
| (b) Court fees due under this section are collected in the | ||
| same manner as other fees, fines, or costs are collected in the | ||
| case. A clerk collecting the fees shall keep separate records of | ||
| the funds collected as fees under this section and shall deposit the | ||
| funds in the county treasury, as appropriate. | ||
| (c) The custodian of a county treasury shall: | ||
| (1) keep records of the amount of funds on deposit | ||
| collected under this section; and | ||
| (2) except as provided by Subsection (d), send to the | ||
| comptroller before the last day of the first month following each | ||
| calendar quarter the funds collected under this section during the | ||
| preceding quarter. | ||
| (d) If a county has established a veterans treatment court | ||
| program or establishes a veterans treatment court program before | ||
| the expiration of the calendar quarter, the county is entitled to | ||
| retain 60 percent of the funds collected under this section by a | ||
| clerk during the calendar quarter to be used exclusively for the | ||
| development and maintenance of veterans treatment court programs | ||
| operated within the county. | ||
| (e) If no funds due as fees under this section are deposited | ||
| in a county treasury in a calendar quarter, the custodian of the | ||
| treasury shall file the report required for the quarter in the | ||
| regular manner and must state that no funds were collected. | ||
| (f) The comptroller shall deposit the funds received under | ||
| this section to the credit of the veterans treatment court account | ||
| in the general revenue fund to help fund veterans treatment court | ||
| programs established under this chapter 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 veterans treatment court programs that apply for the money. | ||
| (g) Funds collected under this section are subject to audit | ||
| by the comptroller. | ||
| SECTION 6. Subchapter E-1, Chapter 411, Government Code, is | ||
| amended by adding Section 411.0726 to read as follows: | ||
| Sec. 411.0726. PROCEDURE FOLLOWING DISMISSAL OF CHARGES | ||
| AFTER SUCCESSFUL COMPLETION OF VETERANS TREATMENT COURT PROGRAM. | ||
| (a) This section applies only to a person: | ||
| (1) who successfully completes a veterans treatment | ||
| court program under Chapter 124 or former law; and | ||
| (2) with respect to whom the applicable charge for the | ||
| offense for which the person entered that program is dismissed | ||
| under Section 124.001(b). | ||
| (b) Notwithstanding any other provision of this subchapter | ||
| or Subchapter F, a court that dismisses the charges against a person | ||
| described by Subsection (a) as a result of the person's | ||
| participation in a veterans treatment court program shall issue an | ||
| order of nondisclosure of criminal history record information under | ||
| this subchapter prohibiting criminal justice agencies from | ||
| disclosing to the public criminal history record information | ||
| related to the offense for which the person entered the program. | ||
| The court shall issue the order of nondisclosure not later than the | ||
| 30th day after the date the court dismisses the charges against the | ||
| person. | ||
| (c) The person must pay a $28 fee to the clerk of the court | ||
| before the court issues the order of nondisclosure of criminal | ||
| history record information under this section. | ||
| SECTION 7. Section 411.074, Government Code, is amended by | ||
| adding Subsection (c) to read as follows: | ||
| (c) This section does not apply to an order of nondisclosure | ||
| of criminal history record information under Section 411.0726. | ||
| SECTION 8. Section 103.0271, Government Code, is repealed. | ||
| SECTION 9. The change in law made by this Act to Section | ||
| 124.005(a), Government Code, applies to a person who, on or after | ||
| the effective date of this Act, enters a veterans treatment court | ||
| program under Chapter 124, Government Code, regardless of whether | ||
| the person committed the offense for which the person enters the | ||
| program before, on, or after the effective date of this Act. | ||
| SECTION 10. (a) The changes in law made by this Act in | ||
| adding Section 411.0726, Government Code, apply to an order of | ||
| nondisclosure of criminal history record information for a person | ||
| who successfully completes a veterans treatment court program under | ||
| Chapter 124, Government Code, or former law, before, on, or after | ||
| the effective date of this Act, regardless of when the underlying | ||
| arrest occurred. | ||
| (b) For a person who is entitled to an order of | ||
| nondisclosure of criminal history record information under Section | ||
| 411.0726, Government Code, as added by this Act, based on a | ||
| successful completion of a veterans treatment court program under | ||
| Chapter 124, Government Code, or former law, before the effective | ||
| date of this Act, notwithstanding the 30-day time limit provided | ||
| for the court to enter an automatic order of nondisclosure of | ||
| criminal history record information under that section, the court | ||
| shall enter an order of nondisclosure of criminal history record | ||
| information for the person as soon as practicable after the court | ||
| receives written notice from any party to the case about the | ||
| person's entitlement to the order of nondisclosure. | ||
| SECTION 11. To the extent of any conflict, this Act prevails | ||
| over another Act of the 85th Legislature, Regular Session, 2017, | ||
| relating to nonsubstantive additions to and corrections in enacted | ||
| codes. | ||
| SECTION 12. This Act takes effect September 1, 2017. | ||
