CHAPTER 102. COSTS PAID BY DEFENDANTS

Statutes > Texas Statutes > CODE OF CRIMINAL PROCEDURE > TITLE 2. CODE OF CRIMINAL PROCEDURE > CHAPTER 102. COSTS PAID BY DEFENDANTS

CODE OF CRIMINAL PROCEDURE

TITLE 2. CODE OF CRIMINAL PROCEDURE

SUBCHAPTER A. GENERAL COSTS

Art. 102.001. FEES FOR SERVICES OF PEACE OFFICERS. (a) Repealed

by Acts 1989, 71st Leg., ch. 826, Sec. 2, eff. Sept. 1, 1989.

(b) In addition to fees provided by Subsection (a), a defendant

required to pay fees under this article shall also pay 15 cents

per mile for mileage required of an officer to perform a service

listed in this subsection and to return from performing that

service. If the service provided is the execution of a writ and

the writ is directed to two or more persons or the officer

executes more than one writ in a case, the defendant is required

to pay only mileage actually and necessarily traveled. In

calculating mileage, the officer must use the railroad or the

most practical route by private conveyance. This subsection

applies to:

(1) conveying a prisoner after conviction to the county jail;

(2) conveying a prisoner arrested on a warrant or capias issued

in another county to the court or jail of the county in which the

warrant or capias was issued; and

(3) traveling to execute criminal process, to summon or attach a

witness, and to execute process not otherwise described by this

article.

eff. Sept. 1, 1989.

(f) An officer who receives fees imposed under Subsection (a)(1)

of this section in a municipal court shall keep separate records

of the funds collected and shall deposit the funds in the

municipal treasury. The officer collecting the fees under

Subsection (a)(1) or (a)(2) of this article in a justice, county,

or district court shall keep separate records of the funds

collected and shall deposit the funds in the county treasury.

(g) Relettered from (e) by Acts 1989, 71st Leg., ch. 2, Sec.

16.01(12), eff. Aug. 28, 1989, and repealed by Acts 1989, 71st

Leg., ch. 826, Sec. 2, eff. Sept. 1, 1989.

(h) The custodian of a municipal or county treasury who receives

fees under Subsection (a)(1) of this article for services

performed by peace officers employed by the state shall remit all

fees to the comptroller of public accounts in the manner directed

by the comptroller. The custodian of a county treasury who

receives fees under Subsection (a)(2) of this article for

services performed by peace officers employed by the state may

retain $2 of the fee for the county and shall forward the

remainder to the comptroller in the manner directed by the

comptroller. All custodians of municipal and county treasuries

who receive fees under Subsection (a)(1) or (a)(2) of this

article shall keep records of the amount of funds collected that

are on deposit with them and, not later than the last day of the

month following each calendar quarter, shall remit to the

comptroller funds collected under Subsection (a)(1) or (a)(2) of

this article during the preceding quarter in a manner directed by

the comptroller. The municipality or county may retain all

interest earned on those funds. The comptroller shall credit

funds received under this subsection to the General Revenue Fund.

Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,

1985. Subsecs. (a) amended and (e), (f) added by Acts 1987, 70th

Leg., ch. 167, Sec. 4.01(a), eff. Sept. 1, 1987; Subsec. (e)

added by Acts 1987, 70th Leg., ch. 821, Sec. 1, eff. Sept. 1,

1987; Subsecs. (b), (f) amended by and (h) added by Acts 1989,

71st Leg., ch. 347, Sec. 1, eff. Oct. 1, 1989; Subsec. (g)

relettered from Subsec. (e) by Acts 1989, 71st Leg., ch. 2, Sec.

16.01(12), eff. Aug. 28, 1989.

Art. 102.002. WITNESS FEES. (a) Repealed by Acts 1999, 76th

Leg., ch. 580, Sec. 11(a), eff. Sept. 1, 1999.

(b) The justices of the peace and municipal courts shall maintain

a record of and the clerks of district and county courts and

county courts at law shall keep a book and record in the book:

(1) the number and style of each criminal action before the

court;

(2) the name of each witness subpoenaed, attached, or recognized

to testify in the action; and

(3) whether the witness was a witness for the state or for the

defendant.

is liable on conviction for the fees provided by this article for

witnesses in the defendant's case. If a defendant convicted of a

misdemeanor does not pay the defendant's fines and costs, the

county or municipality, as appropriate, is liable for the fees

provided by this article for witnesses in the defendant's case.

(d) If a person is subpoenaed as a witness in a criminal case and

fails to appear, the person is liable for the costs of an

attachment, unless he shows good cause to the court why he did

not appear.

Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,

1985. Subsecs. (a), (b) repealed by Acts 1999, 76th Leg., ch.

580, Sec. 11(a), eff. Sept. 1, 1999; Subsec. (b) amended by Acts

1999, 76th Leg., ch. 1545, Sec. 63, eff. Sept. 1, 1999; Subsec.

Sept. 1, 1999; Subsec. (c) amended by Acts 1999, 76th Leg., ch.

1545, Sec. 63, eff. Sept. 1, 1999.

Art. 102.004. JURY FEE. (a) A defendant convicted by a jury in a

trial before a justice or municipal court shall pay a jury fee of

$3. A defendant in a justice or municipal court who requests a

trial by jury and who withdraws the request not earlier than 24

hours before the time of trial shall pay a jury fee of $3, if the

defendant is convicted of the offense or final disposition of the

defendant's case is deferred. A defendant convicted by a jury in

a county court, a county court at law, or a district court shall

pay a jury fee of $20.

(b) If two or more defendants are tried jointly in a justice or

municipal court, only one jury fee of $3 may be imposed under

this article. If the defendants sever and are tried separately,

each defendant convicted shall pay a jury fee.

Section 133.101, Local Government Code.

Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,

1985. Subsec. (a) amended by Acts 1989, 71st Leg., ch. 1080, Sec.

3, eff. Sept. 1, 1989; amended by Acts 1995, 74th Leg., ch. 122,

Sec. 2, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch.

1545, Sec. 64, eff. Sept. 1, 1999; Subsec. (c) added by Acts

2003, 78th Leg., ch. 209, Sec. 67(a), eff. Jan. 1, 2004.

Art. 102.0045. FEE FOR JURY REIMBURSEMENT TO COUNTIES. (a) A

person convicted of any offense, other than an offense relating

to a pedestrian or the parking of a motor vehicle, shall pay as a

court cost, in addition to all other costs, a fee of $4 to be

used to reimburse counties for the cost of juror services as

provided by Section 61.0015, Government Code.

(b) The clerk of the court shall remit the fees collected under

this article to the comptroller in the manner provided by

Subchapter B, Chapter 133, Local Government Code. The

comptroller shall deposit the fees in the jury service fund.

at any time, the unexpended balance of the jury service fund

exceeds $10 million, the comptroller shall transfer the amount in

excess of $10 million to the fair defense account.

(d) Fees deposited in the jury service fund under this section

are exempt from the application of Section 403.095, Government

Code.

Added by Acts 2005, 79th Leg., Ch.

1360, Sec. 5, eff. September 1, 2005.

Art. 102.005. FEES TO CLERKS. (a) A defendant convicted of an

offense in a county court, a county court at law, or a district

court shall pay for the services of the clerk of the court a fee

of $40.

(b) In this article, a person is considered convicted if:

(1) a sentence is imposed on the person;

(2) the person receives community supervision, including deferred

adjudication; or

(3) the court defers final disposition of the person's case.

Subsection (a) is for all clerical duties performed by the clerk,

including:

(1) filing a complaint or information;

(2) docketing the case;

(3) taxing costs against the defendant;

(4) issuing original writs and subpoenas;

(5) swearing in and impaneling a jury;

(6) receiving and recording the verdict;

(7) filing each paper entered in the case; and

(8) swearing in witnesses in the case.

(d) The fee imposed by law for issuing a certified or

noncertified copy is in addition to the fee imposed by Subsection

(a). The clerk may issue a copy only if a person requests the

copy and pays the appropriate fee as required by Sections

118.011, 118.014, 118.0145, 118.052, 118.060, and 118.0605, Local

Government Code, and Sections 51.318 and 51.319, Government Code.

(e) Repealed by Acts 1999, 76th Leg., ch. 580, Sec. 11(b), eff.

Sept. 1, 1999.

(f) A defendant convicted of an offense in a county court, a

county court at law, or a district court shall pay a fee of $25

for records management and preservation services performed by the

county as required by Chapter 203, Local Government Code. The

fee shall be collected and distributed by the clerk of the court

to the county treasurer, or to an official who discharges the

duties commonly delegated to the county treasurer, for deposit as

follows:

(1) $22.50 to the county records management and preservation

fund for records management and preservation, including

automation, in various county offices; and

(2) $2.50 to the records management and preservation fund of the

clerk of the court for records management and preservation

services performed by the clerk of the court.

(g) A fee deposited in accordance with Subsection (f) may be

used only to provide funds for specific records management and

preservation, including for automation purposes, on approval by

the commissioners court of a budget as provided by Chapter 111,

Local Government Code.

(h) An expenditure from a records management and preservation

fund must comply with Subchapter C, Chapter 262, Local Government

Code.

Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,

1985. Subsec. (a) amended by Acts 1989, 71st Leg., ch. 1080, Sec.

4, eff. Sept. 1, 1989; Subsec. (d) added by Acts 1993, 73rd Leg.,

ch. 675, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th

Leg., ch. 764, Sec. 1, eff. Aug. 28, 1995. Subsec. (e) repealed

by Acts 1999, 76th Leg., ch. 580, Sec. 11(b), eff. Sept. 1, 1999;

Subsec. (f) amended by Acts 1999, 76th Leg., ch. 1031, Sec. 1,

eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

804, Sec. 2, eff. June 17, 2005.

Art. 102.006. FEES IN EXPUNCTION PROCEEDINGS. (a) In addition

to any other fees required by other law and except as provided by

Subsection (b), a petitioner seeking expunction of a criminal

record shall pay the following fees:

(1) the fee charged for filing an ex parte petition in a civil

action in district court;

(2) $1 plus postage for each certified mailing of notice of the

hearing date; and

(3) $2 plus postage for each certified mailing of certified

copies of an order of expunction.

(b) The fees under Subsection (a) shall be waived if:

(1) the petitioner seeks expunction of a criminal record that

relates to an arrest for an offense of which the person was

acquitted, other than an acquittal for an offense described by

Article 55.01(c); and

(2) the petition for expunction is filed not later than the 30th

day after the date of the acquittal.

Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,

1985.

Amended by:

Acts 2005, 79th Leg., Ch.

886, Sec. 4, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

140, Sec. 1, eff. September 1, 2009.

Art. 102.007. FEE FOR COLLECTING AND PROCESSING SIGHT ORDER. (a)

A county attorney, district attorney, or criminal district

attorney may collect a fee if his office collects and processes a

check or similar sight order if the check or similar sight order:

(1) has been issued or passed in a manner that makes the issuance

or passing an offense under:

(A) Section 31.03, Penal Code;

(B) Section 31.04, Penal Code; or

(2) has been forged, as defined by Section 32.21, Penal Code.

(b) The county attorney, district attorney, or criminal district

attorney may collect the fee from any person who is a party to

the offense described in Subsection (a).

(1) $10 if the face amount of the check or sight order does not

exceed $10;

(2) $15 if the face amount of the check or sight order is greater

than $10 but does not exceed $100;

(3) $30 if the face amount of the check or sight order is greater

than $100 but does not exceed $300;

(4) $50 if the face amount of the check or sight order is greater

than $300 but does not exceed $500; and

(5) $75 if the face amount of the check or sight order is greater

than $500.

(d) If the person from whom the fee is collected was a party to

the offense of forgery, as defined by Section 32.21, Penal Code,

committed by altering the face amount of the check or sight

order, the face amount as altered governs for the purposes of

determining the amount of the fee.

(e) In addition to the collection fee specified in Subsection (c)

of this article, the county attorney, district attorney, or

criminal district attorney may collect the fee authorized by

Section 3.506, Business & Commerce Code, for the benefit of

the holder of a check or its assignee, agent, representative, or

any other person retained by the holder to seek collection of the

check.

(f) Fees collected under Subsection (c) of this article shall be

deposited in the county treasury in a special fund to be

administered by the county attorney, district attorney, or

criminal district attorney. Expenditures from this fund shall be

at the sole discretion of the attorney and may be used only to

defray the salaries and expenses of the prosecutor's office, but

in no event may the county attorney, district attorney, or

criminal district attorney supplement his or her own salary from

this fund.

(g) In addition to the collection fee specified in Subsections

(b) and (c), the issuer of a check or similar sight order that

has been issued or passed as described by Subsection (a)(1) is

liable for a fee in an amount equal to the costs of delivering

notification by registered or certified mail with return receipt

requested. The fee under this subsection must be collected in

all cases described by Subsection (a)(1), and on receipt of proof

of the actual costs expended, the fee shall be remitted to the

holder of the check or similar sight order.

Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,

1985. Subsec. (e) amended by and Subsec. (f) added by Acts 1991,

72nd Leg., ch. 396, Sec. 2, eff. Sept. 1, 1991; Subsec. (c)

amended by Acts 1997, 75th Leg., ch. 256, Sec. 1, eff. Sept. 1,

1997; amended by Acts 1999, 76th Leg., ch. 49, Sec. 1, eff. Sept.

1, 1999; Subsec. (e) amended by Acts 2001, 77th Leg., ch. 1420,

Sec. 2.001(b), eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

976, Sec. 3, eff. September 1, 2007.

Art. 102.0071. JUSTICE COURT DISHONORED CHECK. On conviction in

justice court of an offense under Section 32.41, Penal Code, or

an offense under Section 31.03 or 31.04, Penal Code, in which it

is shown that the defendant committed the offense by issuing or

passing a check that was subsequently dishonored, the court may

collect from the defendant and pay to the holder of the check the

fee permitted by Section 3.506, Business & Commerce Code.

Added by Acts 1991, 72nd Leg., ch. 396, Sec. 2, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 2.001(c),

eff. Sept. 1, 2001.

Art. 102.008. FEES FOR SERVICES OF PROSECUTORS. (a) Except as

provided by Subsection (b), a defendant convicted of a

misdemeanor or a gambling offense shall pay a fee of $25 for the

trying of the case by the district or county attorney. If the

court appoints an attorney to represent the state in the absence

of the district or county attorney, the appointed attorney is

entitled to the fee otherwise due.

(b) No fee for the trying of a case may be charged against a

defendant prosecuted in a justice court for violation of a penal

statute or of the Uniform Act Regulating Traffic on Highways.

be charged under this article. If the defendants sever and are

tried separately, each defendant shall pay the fee.

(d) A defendant is liable for fees imposed by Subsection (a) if

the defendant is convicted of an offense and:

(1) the defendant does not appeal the conviction; or

(2) the conviction is affirmed on appeal.

Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,

1985. Sec. (a) amended by Acts 1989, 71st Leg., ch. 1080, Sec. 5,

eff. Sept. 1, 1989.

Art. 102.009. COURT COSTS IN CERTAIN COUNTIES. In counties with

a population of 3.3 million or more, the commissioners court may

set court costs for persons convicted of a Class C misdemeanor in

the justice courts. Court costs set as provided by this article

may not exceed $7 for each conviction.

Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,

1985. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 9, eff.

Sept. 1, 2001.

Art. 102.011. FEES FOR SERVICES OF PEACE OFFICERS. (a) A

defendant convicted of a felony or a misdemeanor shall pay the

following fees for services performed in the case by a peace

officer:

(1) $5 for issuing a written notice to appear in court following

the defendant's violation of a traffic law, municipal ordinance,

or penal law of this state, or for making an arrest without a

warrant;

(2) $50 for executing or processing an issued arrest warrant,

capias, or capias pro fine with the fee imposed for the services

of:

(A) the law enforcement agency that executed the arrest warrant

or capias, if the agency requests of the court, not later than

the 15th day after the date of the execution of the arrest

warrant or capias, the imposition of the fee on conviction; or

(B) the law enforcement agency that processed the arrest warrant

or capias, if:

(i) the arrest warrant or capias was not executed; or

(ii) the executing law enforcement agency failed to request the

fee within the period required by Paragraph (A) of this

subdivision;

(3) $5 for summoning a witness;

(4) $35 for serving a writ not otherwise listed in this article;

(5) $10 for taking and approving a bond and, if necessary,

returning the bond to the courthouse;

(6) $5 for commitment or release;

(7) $5 for summoning a jury, if a jury is summoned; and

(8) $8 for each day's attendance of a prisoner in a habeas

corpus case if the prisoner has been remanded to custody or held

to bail.

(b) In addition to fees provided by Subsection (a) of this

article, a defendant required to pay fees under this article

shall also pay 29 cents per mile for mileage required of an

officer to perform a service listed in this subsection and to

return from performing that service. If the service provided is

the execution of a writ and the writ is directed to two or more

persons or the officer executes more than one writ in a case, the

defendant is required to pay only mileage actually and

necessarily traveled. In calculating mileage, the officer must

use the railroad or the most practical route by private

conveyance. The defendant shall also pay all necessary and

reasonable expenses for meals and lodging incurred by the officer

in the performance of services under this subsection, to the

extent such expenses meet the requirements of Section 611.001,

Government Code. This subsection applies to:

(1) conveying a prisoner after conviction to the county jail;

(2) conveying a prisoner arrested on a warrant or capias issued

in another county to the court or jail of the county; and

(3) traveling to execute criminal process, to summon or attach a

witness, and to execute process not otherwise described by this

article.

outside the county, the defendant shall pay $10 per day or part

of a day spent by the officer conveying the witness and actual

necessary expenses for travel by the most practical public

conveyance. In order to receive expenses under this subsection,

the officer must make a sworn statement of the expenses and the

judge issuing the attachment must approve the statement.

(d) A defendant shall pay for the services of a sheriff or

constable who serves process and attends an examining trial in a

felony or a misdemeanor case the same fees allowed for those

services in the trial of a felony or a misdemeanor, not to exceed

$5.

(e) A fee under Subsection (a)(1) or (a)(2) of this article shall

be assessed on conviction, regardless of whether the defendant

was also arrested at the same time for another offense, and shall

be assessed for each arrest made of a defendant arising out of

the offense for which the defendant has been convicted.

(i) In addition to fees provided by Subsections (a) through (g)

of this article, a defendant required to pay fees under this

article shall also pay the costs of overtime paid to a peace

officer for time spent testifying in the trial of the case or for

traveling to or from testifying in the trial of the case.

(j) In this article, "conviction" has the meaning assigned by

Section 133.101, Local Government Code.

Added by Acts 1987, 70th Leg., ch. 821, Sec. 2, eff. Sept. 1,

1987. Subsecs. (a), (e), (f), amended by Acts 1989, 71st Leg.,

ch. 826, Sec. 1, eff. Sept. 1, 1989; Subsec. (a) amended by Acts

1991, 72nd Leg., ch. 575, Sec. 1, eff. Sept. 1, 1991; Subsecs.

(a), (d) amended by Acts 1993, 73rd Leg., ch. 988, Sec. 2.04(a),

eff. Sept. 1, 1993; Subsec. (b) amended by Acts 1995, 74th Leg.,

ch. 560, Sec. 1, eff. Sept. 1, 1995; Subsec. (i) added by Acts

1995, 74th Leg., ch. 267, Sec. 1, eff. Sept. 1, 1995; Subsec. (a)

amended by Acts 1999, 76th Leg., ch. 44, Sec. 1, eff. Sept. 1,

1999; Subsecs. (f) to (h) repealed by by Acts 2003, 78th Leg.,

ch. 209, Sec. 85(a)(5), eff. Jan. 1, 2004; Subsec. (j) added by

Acts 2003, 78th Leg., ch. 209, Sec. 68(a), eff. Jan. 1, 2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 20, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 21, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 6.008, eff. September 1, 2009.

Art. 102.012. FEES FOR PRETRIAL INTERVENTION PROGRAMS. (a) A

court that authorizes a defendant to participate in a pretrial

intervention program established under Section 76.011, Government

Code, may order the defendant to pay to the court a supervision

fee in an amount not more than $60 per month as a condition of

participating in the program.

(b) In addition to or in lieu of the supervision fee authorized

by Subsection (a), the court may order the defendant to pay or

reimburse a community supervision and corrections department for

any other expense that is:

(1) incurred as a result of the defendant's participation in the

pretrial intervention program, other than an expense described by

Article 102.0121; or

(2) necessary to the defendant's successful completion of the

program.

Added by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 20, eff.

June 18, 1990. Amended by Acts 1995, 74th Leg., ch. 76, Sec.

7.16, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

91, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1226, Sec. 1, eff. September 1, 2007.

Art. 102.0121. FEES FOR CERTAIN EXPENSES RELATED TO PRETRIAL

INTERVENTION PROGRAMS. (a) A district attorney, criminal

district attorney, or county attorney may collect a fee in an

amount not to exceed $500 to be used to reimburse a county for

expenses, including expenses of the district attorney's, criminal

district attorney's, or county attorney's office, related to a

defendant's participation in a pretrial intervention program

offered in that county.

(b) The district attorney, criminal district attorney, or county

attorney may collect the fee from any defendant who participates

in a pretrial intervention program administered in any part by

the attorney's office.

county treasury in a special fund to be used solely to administer

the pretrial intervention program. An expenditure from the fund

may be made only in accordance with a budget approved by the

commissioners court.

Added by Acts 2007, 80th Leg., R.S., Ch.

1226, Sec. 2, eff. September 1, 2007.

Art. 102.013. COURT COSTS; CRIME STOPPERS ASSISTANCE ACCOUNT.

(a) The legislature shall appropriate funds from the crime

stoppers assistance account to the Criminal Justice Division of

the Governor's Office. The Criminal Justice Division may use 10

percent of the funds for the operation of the toll-free telephone

service under Section 414.012, Government Code, and shall

distribute the remainder of the funds only to crime stoppers

organizations. The Criminal Justice Division may adopt a budget

and rules to implement the distribution of these funds.

(b) All funds distributed by the Criminal Justice Division under

Subsection (a) of this article are subject to audit by the state

auditor. All funds collected or distributed are subject to audit

by the Governor's Division of Planning Coordination.

meaning assigned by Section 414.001, Government Code.

Added by Acts 1990, 71st Leg., 6th C.S., ch. 28, Sec. 1, eff.

Sept. 6, 1990. Renumbered from art. 102.012 by Acts 1991, 72nd

Leg., ch. 16, Sec. 19.01(7), eff. Aug. 26, 1991. Subsec. (e)

amended by Acts 1991, 72nd Leg., ch. 727, Sec. 2, eff. Sept. 1,

1991; Subsec. (g) amended by Acts 1993, 73rd Leg., ch. 807, Sec.

2, eff. Aug. 30, 1993; Subsecs. (g), (i) amended by Acts 1997,

75th Leg., ch. 700, Sec. 13, eff. Sept. 1, 1997. Amended by Acts

1997, 75th Leg., ch. 1100, Sec. 1, eff. Sept. 1, 1997.

Art. 102.014. COURT COSTS FOR CHILD SAFETY FUND IN

MUNICIPALITIES. (a) The governing body of a municipality with a

population greater than 850,000 according to the most recent

federal decennial census that has adopted an ordinance,

regulation, or order regulating the stopping, standing, or

parking of vehicles as allowed by Section 542.202, Transportation

Code, or Chapter 682, Transportation Code, shall by order assess

a court cost on each parking violation not less than $2 and not

to exceed $5. The court costs under this subsection shall be

collected in the same manner that other fines in the case are

collected.

(b) The governing body of a municipality with a population less

than 850,000 according to the most recent federal decennial

census that has adopted an ordinance, regulation, or order

regulating the stopping, standing, or parking of vehicles as

allowed by Section 542.202, Transportation Code, or Chapter 682,

Transportation Code, may by order assess a court cost on each

parking violation not to exceed $5. The additional court cost

under this subsection shall be collected in the same manner that

other fines in the case are collected.

Transportation Code, when the offense occurs within a school

crossing zone as defined by Section 541.302 of that code, shall

pay as court costs $25 in addition to other taxable court costs.

A person convicted of an offense under Section 545.066,

Transportation Code, shall pay as court costs $25 in addition to

other taxable court costs. The additional court costs under this

subsection shall be collected in the same manner that other fines

and taxable court costs in the case are collected and shall be

assessed only in a municipality.

(d) A person convicted of an offense under Section 25.093 or

25.094, Education Code, shall pay as taxable court costs $20 in

addition to other taxable court costs. The additional court costs

under this subsection shall be collected in the same manner that

other fines and taxable court costs in the case are collected.

(e) In this article, a person is considered to have been

convicted in a case if the person would be considered to have

been convicted under Section 133.101, Local Government Code.

(f) In a municipality with a population greater than 850,000

according to the most recent federal decennial census, the

officer collecting the costs in a municipal court case shall

deposit money collected under this article in the municipal child

safety trust fund established as required by Chapter 106, Local

Government Code.

(g) In a municipality with a population less than 850,000

according to the most recent federal decennial census, the money

collected under this article in a municipal court case must be

used for a school crossing guard program if the municipality

operates one. If the municipality does not operate a school

crossing guard program or if the money received from court costs

from municipal court cases exceeds the amount necessary to fund

the school crossing guard program, the municipality may:

(1) deposit the additional money in an interest-bearing account;

(2) expend the additional money for programs designed to enhance

child safety, health, or nutrition, including child abuse

prevention and intervention and drug and alcohol abuse

prevention; or

(3) expend the additional money for programs designed to enhance

public safety and security.

(h) Money collected under this article in a justice, county, or

district court shall be used to fund school crossing guard

programs in the county where they are collected. If the county

does not operate a school crossing guard program, the county may:

(1) remit fee revenues to school districts in its jurisdiction

for the purpose of providing school crossing guard services;

(2) fund programs the county is authorized by law to provide

which are designed to enhance child safety, health, or nutrition,

including child abuse prevention and intervention and drug and

alcohol abuse prevention;

(3) provide funding to the sheriff's department for

school-related activities;

(4) provide funding to the county juvenile probation department;

(5) deposit the money in the general fund of the county.

(i) Each collecting officer shall keep separate records of money

collected under this article.

Added by Acts 1991, 72nd Leg., ch. 830, Sec. 2, eff. July 1,

1991. Subsec. (e) amended by Acts 1995, 74th Leg., ch. 76, Sec.

10.03, eff. Sept. 1, 1995; Subsec. (c) amended by Acts 1997, 75th

Leg., ch. 50, Sec. 1, eff. Sept. 1, 1997; amended by Acts 1997,

75th Leg., ch. 165, Sec. 6.05, eff. Sept. 1, 1997. Amended by

Acts 1997, 75th Leg., ch. 1384, Sec. 1, eff. Sept. 1, 1997;

Subsec. (c) amended by Acts 2001, 77th Leg., ch. 983, Sec. 1;

Subsec. (d) amended by Acts 2001, 77th Leg., ch. 1514, Sec. 10,

eff. Sept. 1, 2001; Subsec. (e) amended by Acts 2003, 78th Leg.,

ch. 209, Sec. 69(a), eff. Jan. 1, 2004.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

162, Sec. 1, eff. May 26, 2009.

Art. 102.016. COSTS FOR BREATH ALCOHOL TESTING PROGRAM. (a) The

custodians of municipal and county treasuries may deposit funds

collected under this article in interest-bearing accounts and

retain for the municipality or county interest earned on the

funds. The custodians shall keep records of funds received and

disbursed under this article and shall provide a yearly report of

all funds received and disbursed under this article to the

comptroller, the Department of Public Safety, and to each agency

in the county served by the court that participates in or

maintains a certified breath alcohol testing program. The

comptroller shall approve the form of the report.

(b) The custodian of a municipal or county treasury in a county

that maintains a certified breath alcohol testing program but

does not use the services of a certified technical supervisor

employed by the department may, to defray the costs of

maintaining and supporting a certified breath alcohol testing

program, retain $22.50 of each court cost collected under Section

133.102, Local Government Code, on conviction of an offense under

Chapter 49, Penal Code, other than an offense that is a Class C

misdemeanor.

of the breath alcohol testing account in the general revenue fund

under this subsection to the Department of Public Safety for use

by the department in the implementation, administration, and

maintenance of the statewide certified breath alcohol testing

program.

(d) The Department of Public Safety shall maintain a list of

counties that do not use the services of a certified technical

supervisor employed by the department.

Added by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 5.03(a),

eff. Sept. 1, 1991. Subsec. (a) amended by Acts 1993, 73rd Leg.,

ch. 900, Sec. 3.03, eff. Sept. 1, 1994. Amended by Acts 1997,

75th Leg., ch. 1100, Sec. 2, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1204, Sec. 1, eff. September 1, 2009.

Art. 102.0169. COURT COSTS; COUNTY AND DISTRICT COURT TECHNOLOGY

FUND. (a) A defendant convicted of a criminal offense in a

county court, statutory county court, or district court shall pay

a $4 county and district court technology fee as a cost of court.

(b) In this article, a person is considered convicted if:

(1) a sentence is imposed on the person;

(2) the person receives community supervision, including

deferred adjudication; or

(3) the court defers final disposition of the person's case.

collect the costs and pay them to the county treasurer or to any

other official who discharges the duties commonly delegated to

the county treasurer, as appropriate, for deposit in a fund to be

known as the county and district court technology fund.

(d) A fund designated by this article may be used only to

finance:

(1) the cost of continuing education and training for county

court, statutory county court, or district court judges and

clerks regarding technological enhancements for those courts; and

(2) the purchase and maintenance of technological enhancements

for a county court, statutory county court, or district court,

including:

(A) computer systems;

(B) computer networks;

(D) computer software;

(E) imaging systems;

(F) electronic kiosks; and

(G) docket management systems.

(e) The county and district court technology fund shall be

administered by or under the direction of the commissioners court

of the county.

Added by Acts 2009, 81st Leg., R.S., Ch.

1183, Sec. 1, eff. September 1, 2009.

Art. 102.017. COURT COSTS; COURTHOUSE SECURITY FUND; MUNICIPAL

COURT BUILDING SECURITY FUND; JUSTICE COURT BUILDING SECURITY

FUND. (a) A defendant convicted of a felony offense in a

district court shall pay a $5 security fee as a cost of court.

(b) A defendant convicted of a misdemeanor offense in a county

court, county court at law, or district court shall pay a $3

security fee as a cost of court. A defendant convicted of a

misdemeanor offense in a justice court shall pay a $4 security

fee as a cost of court. The governing body of a municipality by

ordinance may create a municipal court building security fund and

may require a defendant convicted of a misdemeanor offense in a

municipal court to pay a $3 security fee as a cost of court.

(1) a sentence is imposed on the person;

(2) the person receives community supervision, including deferred

adjudication; or

(3) the court defers final disposition of the person's case.

(d) Except as provided by Subsection (d-2), the clerks of the

respective courts shall collect the costs and pay them to the

county or municipal treasurer, as appropriate, or to any other

official who discharges the duties commonly delegated to the

county or municipal treasurer, as appropriate, for deposit in a

fund to be known as the courthouse security fund or a fund to be

known as the municipal court building security fund, as

appropriate. Money deposited in a courthouse security fund may

be used only for security personnel, services, and items related

to buildings that house the operations of district, county, or

justice courts, and money deposited in a municipal court building

security fund may be used only for security personnel, services,

and items related to buildings that house the operations of

municipal courts. For purposes of this subsection, operations of

a district, county, or justice court include the activities of

associate judges, masters, magistrates, referees, hearing

officers, criminal law magistrate court judges, and masters in

chancery appointed under:

(1) Section 61.311, Alcoholic Beverage Code;

(2) Section 51.04(g) or Chapter 201, Family Code;

(3) Section 574.0085, Health and Safety Code;

(4) Section 33.71, Tax Code;

(5) Chapter 54, Government Code; or

(6) Rule 171, Texas Rules of Civil Procedure.

(d-1) For purposes of this article, the term "security

personnel, services, and items" includes:

(1) the purchase or repair of X-ray machines and conveying

systems;

(2) handheld metal detectors;

(3) walkthrough metal detectors;

(4) identification cards and systems;

(5) electronic locking and surveillance equipment;

(6) bailiffs, deputy sheriffs, deputy constables, or contract

security personnel during times when they are providing

appropriate security services;

(7) signage;

(8) confiscated weapon inventory and tracking systems;

(9) locks, chains, alarms, or similar security devices;

(10) the purchase or repair of bullet-proof glass; and

(11) continuing education on security issues for court personnel

and security personnel.

(d-2)(1) This subsection applies only to a justice court located

in a county in which one or more justice courts are located in a

building that is not the county courthouse.

(2) The county treasurer shall deposit one-fourth of the cost of

court collected under Subsection (b) in a justice court described

by Subdivision (1) into a fund to be known as the justice court

building security fund. A fund designated by this subsection may

be used only for the purpose of providing security personnel,

services, and items for a justice court located in a building

that is not the county courthouse.

(e) The courthouse security fund and the justice court building

security fund shall be administered by or under the direction of

the commissioners court. The municipal court building fund shall

be administered by or under the direction of the governing body

of the municipality.

(f) A local administrative judge shall provide to the Office of

Court Administration of the Texas Judicial System a written

report regarding any security incident involving court security

that occurs in or around a building housing a court for which the

judge serves as local administrative judge not later than the

third business day after the date the incident occurred.

Added by Acts 1993, 73rd Leg., ch. 818, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 764, Sec. 2, eff. Aug.

28, 1995; Subsecs. (a), (b), (d) amended by Acts 1997, 75th Leg.,

ch. 12, Sec. 1, eff. Sept. 1, 1997; Subsec. (d) amended by Acts

1999, 76th Leg., ch. 110, Sec. 1, eff. May 17, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

83, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1087, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1087, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

221, Sec. 1, eff. September 1, 2007.

Art. 102.0171. COURT COSTS: JUVENILE DELINQUENCY PREVENTION

FUNDS. (a) A defendant convicted of an offense under Section

28.08, Penal Code, in a county court, county court at law, or

district court shall pay a $50 juvenile delinquency prevention

and graffiti eradication fee as a cost of court.

(b) In this article, a person is considered convicted if:

(1) a sentence is imposed on the person;

(2) the person receives community supervision, including deferred

adjudication; or

(3) the court defers final disposition of the person's case.

and pay them to the county treasurer or to any other official who

discharges the duties commonly delegated to the county treasurer

for deposit in a fund to be known as the county juvenile

delinquency prevention fund. A fund designated by this

subsection may be used only to:

(1) repair damage caused by the commission of offenses under

Section 28.08, Penal Code;

(2) provide educational and intervention programs and materials,

including printed educational materials for distribution to

primary and secondary school students, designed to prevent

individuals from committing offenses under Section 28.08, Penal

Code;

(3) provide to the public rewards for identifying and aiding in

the apprehension and prosecution of offenders who commit offenses

under Section 28.08, Penal Code;

(4) provide funding for teen recognition and teen recreation

programs;

(5) provide funding for local teen court programs;

(6) provide funding for the local juvenile probation department;

and

(7) provide educational and intervention programs designed to

prevent juveniles from engaging in delinquent conduct.

(d) The county juvenile delinquency prevention fund shall be

administered by or under the direction of the commissioners

court.

Added by Acts 1997, 75th Leg., ch. 593, Sec. 2, eff. Sept. 1,

1997.

Section heading amended by Acts 2003, 78th Leg., ch. 601, Sec. 1,

eff. Sept. 1, 2003; Subsecs. (c) and (d) amended by Acts 2003,

78th Leg., ch. 601, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1053, Sec. 3, eff. September 1, 2007.

Art. 102.0172. COURT COSTS; MUNICIPAL COURT TECHNOLOGY FUND. (a)

The governing body of a municipality by ordinance may create a

municipal court technology fund and may 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) In this article, a person is considered convicted if:

(1) a sentence is imposed on the person;

(2) the person is placed on community supervision, including

deferred adjudication community supervision; or

(3) the court defers final disposition of the person's case.

funds to the municipal treasurer, or to any 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) A fund designated by this article may be used only to finance

the purchase of or to maintain technological enhancements for a

municipal court or municipal court of record, including:

(1) computer systems;

(2) computer networks;

(3) computer hardware;

(4) computer software;

(5) imaging systems;

(6) electronic kiosks;

(7) electronic ticket writers; and

(8) docket management systems.

(e) The municipal court technology fund shall be administered by

or under the direction of the governing body of the municipality.

(f) Repealed by Acts 2003, 78th Leg., ch. 502, Sec. 2, eff. Sept.

1, 2003.

Added by Acts 1999, 76th Leg., ch. 285, Sec. 1, eff. Sept. 1,

1999; Subsec. (d) amended by Acts 2003, 78th Leg., ch. 502, Sec.

1, eff. Sept. 1, 2003; Subsec. (f) repealed by Acts 2003, 78th

Leg., ch. 502, Sec. 2, eff. Sept. 1, 2003.

Art. 102.0173. COURT COSTS; JUSTICE COURT TECHNOLOGY FUND. (a)

The commissioners court of a county by order shall create a

justice court technology fund. A defendant convicted of a

misdemeanor offense in justice court shall pay a $4 justice court

technology fee as a cost of court for deposit in the fund.

(b) In this article, a person is considered convicted if:

(1) a sentence is imposed on the person; or

(2) the court defers final disposition of the person's case.

funds to the county treasurer, or to any other official who

discharges the duties commonly delegated to the county treasurer,

for deposit in a fund to be known as the justice court technology

fund.

(d) A fund designated by this article may be used only to

finance:

(1) the cost of continuing education and training for justice

court judges and clerks regarding technological enhancements for

justice courts; and

(2) the purchase and maintenance of technological enhancements

for a justice court, including:

(A) computer systems;

(B) computer networks;

(D) computer software;

(E) imaging systems;

(F) electronic kiosks;

(G) electronic ticket writers; and

(H) docket management systems.

(e) The justice court technology fund shall be administered by or

under the direction of the commissioners court of the county.

(f) Repealed by Acts 2005, 79th Leg., Ch. 240, Sec. 3, eff.

September 1, 2005.

Added by Acts 2001, 77th Leg., ch. 977, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

240, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

240, Sec. 3, eff. September 1, 2005.

Art. 102.0174. COURT COSTS; JUVENILE CASE MANAGER FUND. (a) In

this article, "fund" means a juvenile case manager fund.

(b) The governing body of a municipality by ordinance may create

a juvenile case manager fund and may require a defendant

convicted of a fine-only misdemeanor offense in a municipal court

to pay a juvenile case manager fee not to exceed $5 as a cost of

court.

juvenile case manager fund and may require a defendant convicted

of a fine-only misdemeanor offense in a justice court, county

court, or county court at law to pay a juvenile case manager fee

not to exceed $5 as a cost of court.

(d) The ordinance or order must authorize the judge or justice

to waive the fee required by Subsection (b) or (c) in a case of

financial hardship.

(e) In this article, a defendant is considered convicted if:

(1) a sentence is imposed on the defendant;

(2) the defendant receives deferred disposition, including

deferred proceedings under Article 45.052 or 45.053; or

(3) the defendant receives deferred adjudication in county

court.

(f) The clerks of the respective courts shall collect the costs

and pay them to the county or municipal treasurer, as applicable,

or to any other official who discharges the duties commonly

delegated to the county or municipal treasurer for deposit in the

fund.

(g) A fund created under this section may be used only to

finance the salary and benefits of a juvenile case manager

employed under Article 45.056.

(h) A fund must be administered by or under the direction of the

commissioners court or under the direction of the governing body

of the municipality.

Added by Acts 2005, 79th Leg., Ch.

949, Sec. 35, eff. September 1, 2005.

Art. 102.0178. COSTS ATTENDANT TO CERTAIN INTOXICATION AND DRUG

CONVICTIONS. (a) In addition to other costs on conviction

imposed by this chapter, a person shall pay $60 as a court cost

on conviction of an offense punishable as a Class B misdemeanor

or any higher category of offense under:

(1) Chapter 49, Penal Code; or

(2) Chapter 481, Health and Safety Code.

(b) For purposes of this article, a person is considered to have

been convicted if:

(1) a sentence is imposed; or

(2) the defendant receives community supervision or deferred

adjudication.

manner as other fines or costs. An officer collecting the costs

shall keep separate records of the funds collected as costs under

this article and shall deposit the funds in the county treasury,

as appropriate.

(d) The custodian of a county treasury shall:

(1) keep records of the amount of funds on deposit collected

under this article; and

(2) except as provided by Subsection (e), send to the

comptroller before the last day of the first month following each

calendar quarter the funds collected under this article during

the preceding quarter.

(e) A county is entitled to:

(1) if the custodian of the county treasury complies with

Subsection (d), retain 10 percent of the funds collected under

this article by an officer of the county during the calendar

quarter as a service fee; and

(2) if the county has established a drug court program or

establishes a drug court program before the expiration of the

calendar quarter, retain in addition to the 10 percent authorized

by Subdivision (1) another 50 percent of the funds collected

under this article by an officer of the county during the

calendar quarter to be used exclusively for the development and

maintenance of drug court programs operated within the county.

(f) If no funds due as costs under this article are deposited in

a county treasury in a calendar quarter, the custodian of the

treasury shall file the report required for the quarter in the

regular manner and must state that no funds were collected.

(g) The comptroller shall deposit the funds received under this

article to the credit of the drug court account in the general

revenue fund to help fund drug court programs established under

Chapter 469, Health and Safety Code. The legislature shall

appropriate money from the account solely to the criminal justice

division of the governor's office for distribution to drug court

programs that apply for the money.

(h) Funds collected under this article are subject to audit by

the comptroller.

Added by Acts 2007, 80th Leg., R.S., Ch.

625, Sec. 8, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

902, Sec. 1, eff. September 1, 2009.

Art. 102.018. COSTS ATTENDANT TO INTOXICATION CONVICTIONS. (a)

Except as provided by Subsection (d) of this article, on

conviction of an offense relating to the driving or operating of

a motor vehicle under Section 49.04, Penal Code, the court shall

impose a cost of $15 on a defendant if, subsequent to the arrest

of the defendant, a law enforcement agency visually recorded the

defendant with an electronic device. Costs imposed under this

subsection are in addition to other court costs and are due

whether or not the defendant is granted probation in the case.

The court shall collect the costs in the same manner as other

costs are collected in the case.

(b) Except as provided by Subsection (d) of this article, on

conviction of an offense relating to the driving or operating of

a motor vehicle punishable under Section 49.04(b), Penal Code,

the court shall impose as a cost of court on the defendant an

amount that is equal to the cost of an evaluation of the

defendant performed under Section 13(a), Article 42.12, of this

code. Costs imposed under this subsection are in addition to

other court costs and are due whether or not the defendant is

granted probation in the case, except that if the court

determines that the defendant is indigent and unable to pay the

cost, the court may waive the imposition of the cost.

(c)(1) Except as provided by Subsection (d) of this article, if a

person commits an offense under Chapter 49, Penal Code, and as a

direct result of the offense the person causes an incident

resulting in an accident response by a public agency, the person

is liable on conviction for the offense for the reasonable

expense to the agency of the accident response. In this article,

a person is considered to have been convicted in a case if:

(A) sentence is imposed;

(B) the defendant receives probation or deferred adjudication; or

(2) The liability authorized by this subsection may be

established by civil suit; however, if a determination is made

during a criminal trial that a person committed an offense under

Chapter 49, Penal Code, and as a direct result of the offense the

person caused an incident resulting in an accident response by a

public agency, the court may include the obligation for the

liability as part of the judgment. A judgment that includes such

an obligation is enforceable as any other judgment.

(3) The liability is a debt of the person to the public agency,

and the public agency may collect the debt in the same manner as

the public agency collects an express or implied contractual

obligation to the agency.

(4) A person's liability under this subsection for the reasonable

expense of an accident response may not exceed $1,000 for a

particular incident. For the purposes of this subdivision, a

reasonable expense for an accident response includes only those

costs to the public agency arising directly from an accident

response to a particular incident, such as the cost of providing

police, fire-fighting, rescue, ambulance, and emergency medical

services at the scene of the incident and the salaries of the

personnel of the public agency responding to the incident.

(5) A bill for the expense of an accident response sent to a

person by a public agency under this subsection must contain an

itemized accounting of the components of the total charge. A bill

that complies with this subdivision is prima facie evidence of

the reasonableness of the costs incurred in the accident response

to which the bill applies.

(6) A policy of motor vehicle insurance delivered, issued for

delivery, or renewed in this state may not cover payment of

expenses charged to a person under this subsection.

(7) In this subsection, "public agency" means the state, a

county, a municipality district, or a public authority located in

whole or in part in this state that provides police,

fire-fighting, rescue, ambulance, or emergency medical services.

(d) Subsections (a), (b), and (c) of this article do not apply to

an offense under Section 49.02 or 49.03, Penal Code.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.07, eff. Sept. 1,

1994. Renumbered from art. 102.017 by Acts 1995, 74th Leg., ch.

76, Sec. 17.01(4), eff. Sept. 1, 1995.

Art. 102.0185. ADDITIONAL COSTS ATTENDANT TO INTOXICATION

CONVICTIONS: EMERGENCY MEDICAL SERVICES, TRAUMA FACILITIES, AND

TRAUMA CARE SYSTEMS. (a) In addition to the costs on conviction

imposed by Articles 102.016 and 102.018, a person convicted of an

offense under Chapter 49, Penal Code, except for Sections 49.02

and 49.031, shall pay $100 on conviction of the offense.

(b) Costs imposed under this article are imposed without regard

to whether the defendant is placed on community supervision after

being convicted of the offense or receives deferred disposition

or deferred adjudication for the offense.

manner as other costs collected under Article 102.075.

(d) The officer collecting the costs under this article shall

keep separate records of the money collected and shall pay the

money to the custodian of the municipal or county treasury.

(e) The custodian of the municipal or county treasury shall:

(1) keep records of the amount of money collected under this

article that is deposited with the treasury under this article;

and

(2) not later than the last day of the first month following each

calendar quarter:

(A) pay the money collected under this article during the

preceding calendar quarter to the comptroller; or

(B) if, in the calendar quarter, the custodian of the municipal

or county treasury did not receive any money attributable to

costs paid under this article, file a report with the comptroller

stating that fact.

(f) The comptroller shall deposit the funds received under this

article to the credit of the account established under Section

773.006, Health and Safety Code.

Added by Acts 2003, 78th Leg., ch. 1213, Sec. 4, eff. Sept. 1,

2003.

Art. 102.0186. ADDITIONAL COSTS ATTENDANT TO CERTAIN CHILD

SEXUAL ASSAULT AND RELATED CONVICTIONS. (a) A person convicted

of an offense under Section 21.02, 21.11, 22.011(a)(2),

22.021(a)(1)(B), 43.25, 43.251, or 43.26, Penal Code, shall pay

$100 on conviction of the offense.

(b) Costs imposed under this article are imposed without regard

to whether the defendant is placed on community supervision after

being convicted of the offense or receives deferred adjudication

for the offense.

and pay them to the county treasurer or to any other official who

discharges the duties commonly delegated to the county treasurer

for deposit in a fund to be known as the county child abuse

prevention fund. A fund designated by this subsection may be

used only to fund child abuse prevention programs in the county

where the court is located.

(d) The county child abuse prevention fund shall be administered

by or under the direction of the commissioners court.

Added by Acts 2005, 79th Leg., Ch.

268, Sec. 1.127(a), eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.24, eff. September 1, 2007.

Art. 102.020. COSTS RELATED TO DNA TESTING. (a) A person shall

pay as a cost of court:

(1) $250 on conviction of an offense listed in Section

411.1471(a)(1), Government Code;

(2) $50 on conviction of an offense listed in Section

411.1471(a)(3) of that code; or

(3) $34 on placement of the person on community supervision,

including deferred adjudication community supervision, if the

person is required to submit a DNA sample under Section 11(j),

Article 42.12.

(b) The court shall assess and make a reasonable effort to

collect the cost due under this article whether or not any other

court cost is assessed or collected.

been convicted if:

(1) a sentence is imposed; or

(2) the defendant receives community supervision or deferred

adjudication.

(d) Court costs under this article are collected in the same

manner as other fines or costs. An officer collecting the costs

shall keep separate records of the funds collected as costs under

this article and shall deposit the funds in the county treasury.

(e) The custodian of a county treasury shall:

(1) keep records of the amount of funds on deposit collected

under this article; and

(2) send to the comptroller before the last day of the first

month following each calendar quarter the funds collected under

this article during the preceding quarter.

(f) A county may retain 10 percent of the funds collected under

this article by an officer of the county as a collection fee if

the custodian of the county treasury complies with Subsection

(e).

(g) If no funds due as costs under this article are deposited in

a county treasury in a calendar quarter, the custodian of the

treasury shall file the report required for the quarter in the

regular manner and must state that no funds were collected.

(h) Except as provided by Subsection (h-1), the comptroller

shall deposit 35 percent of the funds received under this article

in the state treasury to the credit of the state highway fund and

65 percent of the funds received under this article to the credit

of the criminal justice planning account in

Find Legal Information

Texas Codes and Statutes

CHAPTER 102. COSTS PAID BY DEFENDANTS