HBA-SEB C.S.S.B. 601 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 601 By: Moncrief Judicial Affairs 5/10/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE In 1995, the 74th Texas Legislature passed a law that allowed municipal courts to use computer technology to conduct court business. Cities require new computer hardware, software, and a court management system to implement this technology. C.S.S.B. 601 authorizes the governing body of a municipality to establish a municipal court technology fund to be funded through fees assessed as court costs. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 102, Code of Criminal Procedure, by adding Article 102.0172, as follows: Art. 102.0172. COURT COSTS; MUNICIPAL COURT TECHNOLOGY FUND. (a) Authorizes the governing body of a municipality, by ordinance, to create a municipal court technology fund and to require a defendant convicted of a misdemeanor offense in a municipal court or municipal court of record to pay a technology fee not to exceed $4 as a cost of court. (b) Provides that, in this article, a person is convicted if a sentence is imposed on the person, the person is placed on community supervision, including deferred adjudication community supervision, or the court defers final disposition of the person's case. (c) Requires the municipal court clerk to collect the costs and to pay the funds to the municipal treasurer, or to other official who discharges the duties commonly delegated to the municipal treasurer, for deposit in a fund to be known as the municipal court technology fund. (d) Authorizes a fund discharged under this article to be used only to finance the purchase of technological enhancements for a municipal court or municipal court of record, including computer systems, computer networks, computer hardware, computer software, imaging systems, electronic kiosks, electronic ticket writers, and docket management systems. (e) Requires the municipal court technology fund to be administered by or under the direction of the governing body of the municipality. (f) Provides that this article expires September 1, 2005. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute makes conforming changes in the caption. The substitute modifies the original in SECTION 1 by modifying proposed Article 102.0172, Code of Criminal Procedure, in Subsection (a) to provide that a technology fee assessed as a cost of court is not to exceed $4, rather than $6. Subsection (b) of the substitute is modified to change a criterion under which a person is considered convicted for the purposes of this article. The substitute provides that a person is considered convicted if the person is placed on community supervision, including deferred adjudication community supervision, while the original would have established that a person is convicted if the person receives probation or deferred adjudication. The substitute makes nonsubstantive changes in Subsections (c) and (d). In Subsection (d), the substitute provides that the fund may be used only for the purchase of technological investments, including, rather than including but not limited to, certain computer and computer-related hardware and software. The substitute modifies the original in SECTION 2 to provide that this Act applies only to a cost on conviction for an offense committed, rather than to an offense committed, on or after the effective date of this Act.