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


Office of House Bill AnalysisC.S.H.B. 1623
By: Goodman
Judicial Affairs
4/22/1999
Committee Report (Substituted)


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.  C.S.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 $4 as a cost of court. 

(b) Provides that in this article, a person is considered convicted if a
sentence is imposed on the person, the person is placed on 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 collected 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) Provides that the fund designated by this article may be used only to
finance the purchase of technological enhancements for a municipal court or
municipal court of record, including certain items. 

(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

C.S.H.B. 1623 modifies the original in SECTION 1 (proposed Article
102.0172) to lower the proposed fee to be assessed for the municipal court
technology fund from $10 to $4.  The substitute also provides that this
article expires September 1, 2005.  Furthermore, the substitute makes
clarifying changes to proposed Subsection (b) to provide that a person is
considered 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.S.H.B. 1623 modifies the original in SECTIONS 1-3 by making
nonsubstantive changes for clarification.