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.