S.B. No. 82

	AN ACT
	relating to a fee imposed as a condition of community supervision
	for an offense involving family violence and to certain
	nonsubstantive revisions involving court fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (h), Section 11, Article 42.12, Code
	of Criminal Procedure, is amended to read as follows:
	(h)  If a judge grants community supervision to a person
	convicted of an offense under Title 5, Penal Code, that the court
	determines involves family violence, the judge shall [may] require
	the person to pay [make one payment in an amount not to exceed] $100
	to a family violence [shelter] center that receives state or
	federal funds and that serves the county in which the court is
	located. In this subsection, "family violence" has the meaning
	assigned by Section 71.004, Family Code, and "family violence
	[shelter] center" has the meaning assigned by Section 51.002, Human
	Resources Code.
	SECTION 2.  (a)  Section 103.021, Government Code, as
	amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
	Regular Session, 2007, is amended to conform to the amendments made
	to Section 103.021, Government Code, by Chapter 1226 (H.B. 2385),
	Acts of the 80th Legislature, Regular Session, 2007, and to conform
	to Chapters 805 (S.B. 1083) and 910 (H.B. 2949), Acts of the 80th
	Legislature, Regular Session, 2007, and is further amended to read
	as follows:
	Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
	CIVIL CASES: CODE OF CRIMINAL PROCEDURE.  An accused or defendant,
	or a party to a civil suit, as applicable, shall pay the following
	fees and costs under the Code of Criminal Procedure if ordered by
	the court or otherwise required:
	(1)  a personal bond fee (Art. 17.42, Code of Criminal
	Procedure) . . . the greater of $20 or three percent of the amount
	of the bail fixed for the accused;
	(2)  cost of electronic monitoring as a condition of
	release on personal bond (Art. 17.43, Code of Criminal Procedure)
	. . . actual cost;
	(3)  a fee for verification of and monitoring of motor
	vehicle ignition interlock (Art. 17.441, Code of Criminal
	Procedure) . . . not to exceed $10;
	(4)  repayment of reward paid by a crime stoppers
	organization on conviction of a felony (Art. 37.073, Code of
	Criminal Procedure) . . . amount ordered;
	(5)  reimbursement to general revenue fund for payments
	made to victim of an offense as condition of community supervision
	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
	a misdemeanor offense or $100 for a felony offense;
	(6)  payment to a crime stoppers organization as
	condition of community supervision (Art. 42.12, Code of Criminal
	Procedure) . . . not to exceed $50;
	(7)  children's advocacy center fee (Art. 42.12, Code
	of Criminal Procedure) . . . not to exceed $50;
	(8)  family violence [shelter] center fee (Art. 42.12,
	Code of Criminal Procedure) . . . [not to exceed] $100;
	(9)  community supervision fee (Art. 42.12, Code of
	Criminal Procedure) . . . not less than $25 or more than $60 per
	month;
	(10)  additional community supervision fee for certain
	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
	month;
	(11)  for certain financially able sex offenders as a
	condition of community supervision, the costs of treatment,
	specialized supervision, or rehabilitation (Art. 42.12, Code of
	Criminal Procedure) . . . all or part of the reasonable and
	necessary costs of the treatment, supervision, or rehabilitation as
	determined by the judge;
	(12)  fee for failure to appear for trial in a justice
	or municipal court if a jury trial is not waived (Art. 45.026, Code
	of Criminal Procedure) . . . costs incurred for impaneling the
	jury;
	(13)  costs of certain testing, assessments, or
	programs during a deferral period (Art. 45.051, Code of Criminal
	Procedure) . . . amount ordered;
	(14)  special expense on dismissal of certain
	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
	. . . not to exceed amount of fine assessed;
	(15)  an additional fee:
	(A)  for a copy of the defendant's driving record
	to be requested from the Department of Public Safety by the judge
	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
	to the sum of the fee established by Section 521.048,
	Transportation Code, and the TexasOnline fee [$10];
	(B)  as an administrative fee for requesting a
	driving safety course or a course under the motorcycle operator
	training and safety program for certain traffic offenses to cover
	the cost of administering the article (Art. 45.0511(f)(1), Code of
	Criminal Procedure) . . . not to exceed $10; or
	(C)  for requesting a driving safety course or a
	course under the motorcycle operator training and safety program
	before the final disposition of the case (Art. 45.0511(f)(2), Code
	of Criminal Procedure) . . . not to exceed the maximum amount of the
	fine for the offense committed by the defendant;
	(16)  a request fee for teen court program (Art.
	45.052, Code of Criminal Procedure) . . . $20, if the court
	ordering the fee is located in the Texas-Louisiana border region,
	but otherwise not to exceed $10;
	(17)  a fee to cover costs of required duties of teen
	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
	court ordering the fee is located in the Texas-Louisiana border
	region, but otherwise $10;
	(18)  a mileage fee for officer performing certain
	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
	mile;
	(19)  certified mailing of notice of hearing date (Art.
	102.006, Code of Criminal Procedure) . . . $1, plus postage;
	(20)  certified mailing of certified copies of an order
	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
	plus postage;
	(20-a)  a fee to defray the cost of notifying state
	agencies of orders of expungement (Art. 45.0216, Code of Criminal
	Procedure) . . . $30 per application;
	(20-b)  a fee to defray the cost of notifying state
	agencies of orders of expunction (Art. 45.055, Code of Criminal
	Procedure) . . . $30 per application;
	(21)  sight orders:
	(A)  if the face amount of the check or sight order
	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
	. . . not to exceed $10;
	(B)  if the face amount of the check or sight order
	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $15;
	(C)  if the face amount of the check or sight order
	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $30;
	(D)  if the face amount of the check or sight order
	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $50; and
	(E)  if the face amount of the check or sight order
	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
	. . . not to exceed $75;
	(22)  fees for a pretrial intervention program:
	(A)  a supervision fee (Art. 102.012(a)
	[102.012], Code of Criminal Procedure) . . . [not to exceed] $60 a
	month plus expenses; and
	(B)  a district attorney, criminal district
	attorney, or county attorney administrative fee (Art. 102.0121,
	Code of Criminal Procedure) . . . not to exceed $500;
	(23)  parking fee violations for child safety fund in
	municipalities with populations:
	(A)  greater than 850,000 (Art. 102.014, Code of
	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
	(B)  less than 850,000 (Art. 102.014, Code of
	Criminal Procedure) . . . not to exceed $5;
	(24)  an administrative fee for collection of fines,
	fees, restitution, or other costs (Art. 102.072, Code of Criminal
	Procedure) . . . not to exceed $2 for each transaction; and
	(25)  a collection fee, if authorized by the
	commissioners court of a county or the governing body of a
	municipality, for certain debts and accounts receivable, including
	unpaid fines, fees, court costs, forfeited bonds, and restitution
	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
	percent of an amount more than 60 days past due.
	(b)  Section 103.021, Government Code, as amended by Chapter
	1226 (H.B. 2385), Acts of the 80th Legislature, Regular Session,
	2007, is repealed. Section 103.021, Government Code, as amended by
	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
	Session, 2007, to reorganize and renumber that section, continues
	in effect as further amended by this section.
	SECTION 3.  Subsection (h), Section 11, Article 42.12, Code
	of Criminal Procedure, as amended by this Act, applies only to a
	person granted community supervision for an offense committed on or
	after the effective date of this Act. A person granted community
	supervision for an offense committed before the effective date of
	this Act is 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 September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 82 passed the Senate on
	April 2, 2009, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 82 passed the House on
	May 19, 2009, by the following vote:  Yeas 145, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor