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.