House Bill 3588
12. ADDITIONAL COURT COSTS
TABLE OF CONTENTS
Art. 1. Trans-Texas Corridor -
Art. 2. Regional Mobility
Authorities - Art. 3. Advance Acquisition of Property
Art. 4. Rail Facilities
Art. 5. Issuance of Bonds and Other Public Securities -
Pass-Through Tolls -
Conversion of Nontoll State Highway -
Commercial Driver's Licenses -
Motor Vehicle Sales Tax -
Driver Responsibility -
Disposition of Department of Public Safety Fees -
Additional Court Costs -
Statewide Coordination of Public Transportation -
Conditional Grant Program -
Texas Turnpike Authority -
Commercial Motor Vehicle Safety Standards -
Nonrepairable and Salvage Motor Vehicles; Salvage Vehicle Dealers -
Funding of Port Security, Projects, and Studies -
Miscellaneous Provisions -
General Provisions; Effective Date
ARTICLE 12. ADDITIONAL COURT COSTS
SECTION 12.01. (a) Subchapter D, Chapter 542, Transportation Code, is amended by adding Section 542.4031 to read as follows:
Sec. 542.4031. ADDITIONAL COURT COST.
(a) In addition to other costs, including a cost under Section 542.403, a person convicted of an offense under this subtitle shall pay $30 as a court cost.
(b) An officer collecting a cost due under this section in a case in municipal court shall keep separate records of the money collected and shall deposit the money in the municipal treasury.
(c) An officer collecting a cost due under this section in a justice, county, or district court shall keep separate records of the money collected and shall deposit the money in the county treasury.
(d) Each calendar quarter, an officer collecting a cost due under this section shall submit a report to the comptroller. The report must comply with Articles 103.005(c) and (d), Code of Criminal Procedure. If no money due as a cost under this section is collected in any quarter, the report required for that quarter shall be filed in the regular manner, and the report shall state that no money due under this section was collected.
(e) The custodian of money in a municipal or county treasury may deposit money collected under this section in an interest-bearing account. The custodian shall:
(1) keep records of the amount of money collected under this section that is on deposit in the treasury; and
(2) not later than the last day of the month following each calendar quarter, remit to the comptroller money collected under this section during the preceding quarter, as required by the comptroller.
(f) A municipality or county may retain five percent of the money collected under this section as a service fee for the collection if the municipality or county remits the funds to the comptroller within the period prescribed in Subsection (e). The municipality or county may retain any interest accrued on the money if the custodian of the money deposited in the treasury keeps records of the amount of money collected under this section that is on deposit in the treasury and remits the funds to the comptroller within the period prescribed in Subsection (e).
(g) Of the money received by the comptroller under this section, the comptroller shall deposit:
(1) 67 percent to the credit of the undedicated portion of the general revenue fund; and
(2) 33 percent to the credit of the designated trauma facility and emergency medical services account under Section 780.003, Health and Safety Code.
(h) Notwithstanding Subsection (g), in any state fiscal year the comptroller shall deposit court costs received under that subsection to the credit of the general revenue fund only until the total amount of the court costs deposited to the credit of the general revenue fund under that subsection and the surcharges
deposited to the credit of that fund under Section 780.002(b), Health and Safety Code, equals $250 million for that year. If in any state fiscal year the amount received by the comptroller under those laws exceeds $250 million, the comptroller shall deposit the additional amount received under Subsection (g) to the credit of the Texas mobility fund.
(i) Money collected under this section is subject to audit by the comptroller. Money spent is subject to audit by the state auditor.
(j) In this section a person is considered to have been convicted in a case if:
(1) a sentence is imposed;
(2) the person receives community supervision or deferred adjudication; or
(3) the court defers final disposition of the case.
(k) This section expires September 1, 2007.
(b) The change in law made by this section applies only to an offense committed on or after the effective date of this section. For the purposes of this section, an offense was committed before the effective date of this section if any element of the offense occurred before that date. An offense committed before the effective date of this section is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.