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AN ACT
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relating to the collection of fees by a district attorney, criminal |
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district attorney, or county attorney for certain expenses related |
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to pretrial intervention programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 102.012(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) In addition to or in lieu of the supervision fee |
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authorized by Subsection (a), the court may order the defendant to |
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pay or reimburse a community supervision and corrections department |
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for any other expense that is: |
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(1) incurred as a result of the defendant's |
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participation in the pretrial intervention program, other than an |
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expense described by Article 102.0121; or |
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(2) [that is] necessary to the defendant's successful |
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completion of the program. |
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SECTION 2. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0121 to read as |
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follows: |
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Art. 102.0121. FEES FOR CERTAIN EXPENSES RELATED TO |
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PRETRIAL INTERVENTION PROGRAMS. (a) A district attorney, |
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criminal district attorney, or county attorney may collect a fee in |
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an amount not to exceed $500 to be used to reimburse a county for |
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expenses, including expenses of the district attorney's, criminal |
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district attorney's, or county attorney's office, related to a |
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defendant's participation in a pretrial intervention program |
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offered in that county. |
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(b) The district attorney, criminal district attorney, or |
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county attorney may collect the fee from any defendant who |
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participates in a pretrial intervention program administered in any |
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part by the attorney's office. |
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(c) Fees collected under this article shall be deposited in |
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the county treasury in a special fund to be used solely to |
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administer the pretrial intervention program. An expenditure from |
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the fund may be made only in accordance with a budget approved by |
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the commissioners court. |
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SECTION 3. Section 103.021, Government Code, is amended to |
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read as follows: |
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Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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CIVIL CASES. An accused or defendant, or a party to a civil suit, |
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as applicable, shall pay the following fees and costs if ordered by |
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the court or otherwise required: |
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(1) a personal bond fee (Art. 17.42, Code of Criminal |
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Procedure) . . . the greater of $20 or three percent of the amount |
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of the bail fixed for the accused; |
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(2) cost of electronic monitoring as a condition of |
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release on personal bond (Art. 17.43, Code of Criminal Procedure) |
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. . . actual cost; |
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(3) a fee for verification of and monitoring of motor |
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vehicle ignition interlock (Art. 17.441, Code of Criminal |
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Procedure) . . . not to exceed $10; |
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(4) repayment of reward paid by a crime stoppers |
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organization on conviction of a felony (Art. 37.073, Code of |
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Criminal Procedure) . . . amount ordered; |
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(5) reimbursement to general revenue fund for payments |
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made to victim of an offense as condition of community supervision |
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(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for |
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a misdemeanor offense or $100 for a felony offense; |
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(6) payment to a crime stoppers organization as |
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condition of community supervision (Art. 42.12, Code of Criminal |
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Procedure) . . . not to exceed $50; |
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(7) children's advocacy center fee (Art. 42.12, Code |
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of Criminal Procedure) . . . not to exceed $50; |
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(8) family violence shelter center fee (Art. 42.12, |
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Code of Criminal Procedure) . . . not to exceed $100; |
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(9) community supervision fee (Art. 42.12, Code of |
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Criminal Procedure) . . . not less than $25 or more than $60 per |
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month; |
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(10) additional community supervision fee for certain |
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offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per |
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month; |
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(11) for certain financially able sex offenders as a |
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condition of community supervision, the costs of treatment, |
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specialized supervision, or rehabilitation (Art. 42.12, Code of |
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Criminal Procedure) . . . all or part of the reasonable and |
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necessary costs of the treatment, supervision, or rehabilitation as |
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determined by the judge; |
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(12) fee for failure to appear for trial in a justice |
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or municipal court if a jury trial is not waived (Art. 45.026, Code |
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of Criminal Procedure) . . . costs incurred for impaneling the |
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jury; |
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(13) costs of certain testing, assessments, or |
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programs during a deferral period (Art. 45.051, Code of Criminal |
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Procedure) . . . amount ordered; |
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(14) special expense on dismissal of certain |
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misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
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. . . not to exceed amount of fine assessed; |
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(15) an additional fee: |
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(A) as an administrative fee for requesting a |
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driving safety course or a course under the motorcycle operator |
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training and safety program for certain traffic offenses to cover |
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the cost of administering the article (Art. 45.0511(f)(1), Code of |
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Criminal Procedure) . . . not to exceed $10; or |
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(B) for requesting a driving safety course or a |
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course under the motorcycle operator training and safety program |
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before the final disposition of the case (Art. 45.0511(f)(2), Code |
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of Criminal Procedure) . . . not to exceed the maximum amount of the |
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fine for the offense committed by the defendant; |
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(16) a request fee for teen court program (Art. |
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45.052, Code of Criminal Procedure) . . . not to exceed $10; |
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(17) a fee to cover costs of required duties of teen |
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court (Art. 45.052, Code of Criminal Procedure) . . . $10; |
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(18) a mileage fee for officer performing certain |
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services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
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mile; |
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(19) certified mailing of notice of hearing date (Art. |
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102.006, Code of Criminal Procedure) . . . $1, plus postage; |
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(20) certified mailing of certified copies of an order |
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of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
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plus postage; |
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(20-a) a fee to defray the cost of notifying state |
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agencies of orders of expungement (Art. 45.0216, Code of Criminal |
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Procedure) . . . $30 per application; |
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(20-b) a fee to defray the cost of notifying state |
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agencies of orders of expunction (Art. 45.055, Code of Criminal |
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Procedure) . . . $30 per application; |
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(20-c) a fee to defray the cost of notifying state |
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agencies of orders of expungement (Sec. 106.12, Alcoholic Beverage |
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Code) . . . $30 per application; |
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(20-d) a fee to defray the cost of notifying state |
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agencies of orders of expungement (Sec. 161.255, Health and Safety |
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Code) . . . $30 per application; |
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(21) sight orders: |
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(A) if the face amount of the check or sight order |
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does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
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. . . not to exceed $10; |
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(B) if the face amount of the check or sight order |
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is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $15; |
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(C) if the face amount of the check or sight order |
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is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $30; |
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(D) if the face amount of the check or sight order |
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is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $50; and |
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(E) if the face amount of the check or sight order |
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is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
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. . . not to exceed $75; |
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(22) fees for a pretrial intervention program: |
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(A) a supervision fee (Art. 102.012(a) |
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[102.012], Code of Criminal Procedure) . . . $60 a month plus |
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expenses; and |
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(B) a district attorney, criminal district |
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attorney, or county attorney administrative fee (Art. 102.0121, |
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Code of Criminal Procedure) . . . not to exceed $500; |
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(23) parking fee violations for child safety fund in |
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municipalities with populations: |
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(A) greater than 850,000 (Art. 102.014, Code of |
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Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
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(B) less than 850,000 (Art. 102.014, Code of |
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Criminal Procedure) . . . not to exceed $5; |
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(24) an administrative fee for collection of fines, |
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fees, restitution, or other costs (Art. 102.072, Code of Criminal |
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Procedure) . . . not to exceed $2 for each transaction; |
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(25) a court reporter fee when testimony is taken: |
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(A) in a criminal court in Dallas County (Sec. |
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25.0593, Government Code) . . . $3; |
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(B) in a county criminal court of appeals in |
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Dallas County (Sec. 25.0594, Government Code) . . . $3; |
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(C) in a county court at law in McLennan County |
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(Sec. 25.1572, Government Code) . . . $3; and |
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(D) in a county criminal court in Tarrant County |
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(Sec. 25.2223, Government Code) . . . $3; |
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(26) a speedy trial filing fee in El Paso County (Sec. |
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54.745, Government Code) . . . $100; |
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(27) costs for use of magistrate in Brazos County |
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(Sec. 54.1116, Government Code) . . . not to exceed $50; |
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(28) an administrative fee for participation in |
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certain community supervision programs (Sec. 76.015, Government |
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Code) . . . not less than $25 and not more than $40 per month; |
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(29) in family matters: |
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(A) issuing writ of withholding (Sec. 8.262, |
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Family Code) . . . $15; |
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(B) filing copy of writ of withholding to |
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subsequent employer (Sec. 8.267, Family Code) . . . $15; |
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(C) issuing and delivering modified writ of |
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withholding or notice of termination (Sec. 8.302, Family Code) |
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. . . $15; |
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(D) issuing and delivering notice of termination |
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of withholding (Sec. 8.303, Family Code) . . . $15; |
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(E) issuance of change of name certificate (Sec. |
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45.106, Family Code) . . . $10; |
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(F) protective order fee (Sec. 81.003, Family |
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Code) . . . $16; |
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(G) filing suit requesting adoption of child |
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(Sec. 108.006, Family Code) . . . $15; |
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(H) filing fees for suits affecting parent-child |
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relationship (Sec. 110.002, Family Code): |
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(i) suit or motion for modification (Sec. |
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110.002, Family Code) . . . $15; |
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(ii) motion for enforcement (Sec. 110.002, |
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Family Code) . . . $15; |
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(iii) notice of application for judicial |
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writ of withholding (Sec. 110.002, Family Code) . . . $15; |
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(iv) motion to transfer (Sec. 110.002, |
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Family Code) . . . $15; |
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(v) petition for license suspension (Sec. |
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110.002, Family Code) . . . $15; |
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(vi) motion to revoke a stay of license |
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suspension (Sec. 110.002, Family Code) . . . $15; and |
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(vii) motion for contempt (Sec. 110.002, |
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Family Code) . . . $15; |
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(I) order or writ of income withholding to be |
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delivered to employer (Sec. 110.004, Family Code) . . . not to |
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exceed $15; |
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(J) filing fee for transferred case (Sec. |
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110.005, Family Code) . . . $45; |
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(K) filing a writ of withholding (Sec. 158.319, |
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Family Code) . . . $15; |
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(L) filing a request for modified writ of |
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withholding or notice of termination (Sec. 158.403, Family Code) |
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. . . not to exceed $15; |
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(M) filing an administrative writ to employer |
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(Sec. 158.503, Family Code) . . . not to exceed $15; and |
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(N) genetic testing fees in relation to a child |
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born to a gestational mother (Sec. 160.762, Family Code) . . . as |
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assessed by the court; |
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(30) in juvenile court: |
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(A) fee schedule for deferred prosecution |
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services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; |
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(B) a teen court administration fee (Sec. 54.032, |
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Family Code) . . . not to exceed $10; |
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(C) court costs for juvenile probation diversion |
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fund (Sec. 54.0411, Family Code) . . . $20; |
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(D) a juvenile delinquency prevention fee (Sec. |
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54.0461, Family Code) . . . $5; and |
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(E) a court fee for child's probationary period |
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(Sec. 54.061, Family Code) . . . not to exceed $15 a month; |
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(31) a court reporter service fee if the courts have |
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official court reporters (Sec. 51.601, Government Code) . . . $15; |
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(32) administrative fee on dismissal of charge of |
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driving with an expired motor vehicle registration (Sec. 502.407, |
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Transportation Code) . . . not to exceed $10; |
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(33) administrative fee on dismissal of charge of |
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driving with an expired driver's license (Sec. 521.026, |
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Transportation Code) . . . not to exceed $10; |
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(34) administrative fee on remediation of charge of |
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driving with an expired inspection certificate (Sec. 548.605, |
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Transportation Code) . . . not to exceed $10; |
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(35) administrative fee for failure to appear for a |
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complaint or citation on certain offenses (Sec. 706.006, |
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Transportation Code) . . . $30 for each violation; |
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(36) administrative fee for failure to pay or satisfy |
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certain judgments (Sec. 706.006, Transportation Code) . . . $30; |
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(37) fee paid on filing a petition for an order of |
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nondisclosure of criminal history record information in certain |
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cases (Sec. 411.081, Government Code). . . $28; |
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(38) on a finding that an animal's owner has cruelly |
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treated the animal, court costs including: |
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(A) investigation (Sec. 821.023, Health and |
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Safety Code) . . . actual costs; |
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(B) expert witnesses (Sec. 821.023, Health and |
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Safety Code) . . . actual costs; |
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(C) housing and caring for the animal during its |
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impoundment (Sec. 821.023, Health and Safety Code) . . . actual |
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costs; |
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(D) conducting any public sale ordered by the |
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court (Sec. 821.023, Health and Safety Code) . . . actual costs; |
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and |
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(E) humanely destroying the animal if |
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destruction is ordered by the court (Sec. 821.023, Health and |
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Safety Code) . . . actual costs; |
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(39) the costs of a criminal magistrate if the court |
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determines that the nonprevailing party is able to defray the |
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costs: |
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(A) in Bexar County (Sec. 54.913, Government |
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Code) . . . magistrate's fees; |
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(B) in Dallas County (Sec. 54.313, Government |
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Code) . . . magistrate's fees; |
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(C) in Lubbock County (Sec. 54.883, Government |
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Code) . . . magistrate's fees; |
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(D) in Tarrant County (Sec. 54.663, Government |
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Code) . . . magistrate's fees; |
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(E) in Travis County (Sec. 54.983, Government |
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Code) . . . magistrate's fees; and |
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(F) in Williamson County (Sec. 54.958, |
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Government Code) . . . expense of the magistrate; and |
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(40) a collection fee, if authorized by the |
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commissioners court of a county or the governing body of a |
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municipality, for certain debts and accounts receivable, including |
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unpaid fines, fees, court costs, forfeited bonds, and restitution |
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ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
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percent of an amount more than 60 days past due. |
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SECTION 4. The change in law made by this Act applies only |
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to a defendant's participation in a pretrial intervention program |
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that begins on or after the effective date of this Act. A |
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defendant's participation in a pretrial intervention program that |
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begins before the effective date of this Act is governed by the law |
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in effect when the program began, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2385 was passed by the House on May |
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10, 2007, by the following vote: Yeas 141, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2385 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |