HBA-KMH H.B. 1623 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1623
By: Goodman
Judicial Affairs
4/16/1999
Introduced


BACKGROUND AND PURPOSE

In 1995, the Texas Legislature passed a law that allowed municipal courts
to use computer technology to conduct court business. This legislation
allowed the courts to conduct business in a more efficient manner. Cities
require new computer hardware, software, and a court management system to
implement this technology. The approximate cost to implement computer
imaging in a major city court system may cost $1.5 to $2.5 million or more.
Other technological improvements such as hand held ticket writers and other
related items may increase the total cost to more than $3.5 million,
depending on the size of the court system.  H.B. 1623 authorizes
municipalities 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 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 $10 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 receives probation or deferred
adjudication, or the court defers final disposition of the person's case. 

(c) Requires the municipal court clerk to collect the cost of court
provided by this section and to pay the funds collected to the municipal
treasurer, or to any other official who discharges the duty commonly
delegated to the municipal treasurer, for deposit in a fund to be known as
the municipal court technology fund. 

(d) Provides that the municipal court technology fund authorized by this
section may be used only to finance the purchase of technological
enhancements for a municipal court or municipal court of record, including
but not limited to certain items. 

(e) Requires the municipal court technology fund to be administered by or
under the direction of the governing body of the municipality.  

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.