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CODE OF CRIMINAL PROCEDURE CHAPTER 102.
COSTS PAID BY DEFENDANTS
SUBCHAPTER A. GENERAL COSTS
Art. 102.001. [1065, 1072] [1173, 1182] 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(a) Repealed by Acts 1989, 71st Leg., ch. 826, Sec. 2, eff.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.
(c) to (e) Repealed by Acts 1989, 71st Leg., ch. 826, Sec. 2, eff.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 Aug. 28, 1989, and repealed by Acts 1989, 71st Leg.,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. [1055, 1078-1082] [1188-1192] [1138-1142] 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.
(c) Except as otherwise provided by this subsection, a 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. (c) repealed
by Acts 1999, 76th Leg., ch. 580, Sec. 11(a), eff. Sept. 1, 1999;
Subsec. (c) amended by Acts 1999, 76th Leg., ch. 1545, Sec. 63, eff.
Sept. 1, 1999.
Art. 102.004. [1073, 1075, 1076] [1183, 1185, 1186] [1133, 1135,
1136] 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.
Text of subsec. (c) effective January 1, 2004
(c) In this article, "conviction" has the meaning assigned by
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. 102.005. [1064] [1172] [1126] 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.
(c) Except as provided by Subsection (d), the fee imposed under
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 $20 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 in the same
manner as fees are collected and distributed under Section
51.317(c), Government Code. The fee received by a county shall be
placed in a special fund to be called the records management and
preservation fund. The fee shall be used only for records
management and preservation purposes in the county as required by
Chapter 203, Local Government Code. No expenditures may be made
from this fund without prior approval of the commissioners court.
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.
Art. 102.006. Fees in Expunction Proceedings
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.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1, 1985.
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
(C) Section 32.41, 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).
(c) The amount of the fee may not exceed:
(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.
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.
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. [1061-1063, 1068] [1168, 1170, 1171, 1177]
[1123-1130] 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.
(c) If two or more defendants are tried jointly, only one fee may 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 or
capias, 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 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.
(c) If an officer attaches a witness on the order of a court 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.
(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.
Art. 102.012. Fees for Pretrial Intervention Programs
A person in a pretrial intervention program established under
Section 76.011, Government Code, may be assessed a fee that equals
the actual cost to a community supervision and corrections
department, not to exceed $500, for supervision of the defendant by
the department or programs provided to the defendant by the
department as part of the pretrial intervention 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.
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.
(c) In this article, "crime stoppers organization" has the 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.
(c) A person convicted of an offense under Subtitle C, Title 7,
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 either deposit the additional money
in an interest-bearing account or expend it for programs designed
to enhance child safety, health, or nutrition, including child
abuse prevention and intervention and drug and alcohol abuse
prevention.
(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;
or
(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.
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 alcohol breath testing program, retain
$22.50 of each court cost collected under Article 102.075 on
conviction of an offense under Chapter 49, Penal Code, other than an
offense that is a Class C misdemeanor.
(c) The legislature may appropriate money deposited to the credit
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.
Art. 102.017. Court Costs; Courthouse Security Fund; Municipal
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 justice
court, county court, county court at law, or district court shall
pay a $3 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.
(c) 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.
(d) 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. A fund designated by this subsection may be used only
to finance items when used for the purpose of providing security
services for buildings housing a district, county, justice, or
municipal court, as appropriate, including:
(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.
(e) The courthouse 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.
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.
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 $5 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.
(c) The clerks of the respective courts shall 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
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 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.
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.
(c) The municipal court clerk shall collect the costs and pay the
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
Text of section effective until September 1, 2005
(a) The commissioners court of a county by order may create a
justice court technology fund and may require a defendant convicted
of a misdemeanor offense in a justice court 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; or
(2) the court defers final disposition of the person's case.
(c) The justice court clerk shall collect the costs and pay the
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
the purchase of technological enhancements for a justice court,
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 justice court technology fund shall be administered by or
under the direction of the commissioners court of the county.
(f) This article expires September 1, 2005.
Added by Acts 2001, 77th Leg., ch. 977, Sec. 1, eff. Sept. 1, 2001.
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
(C) the court defers final disposition of the case.
(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.
(c) Costs imposed under this article are collected in the same
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. 102.019. Costs on Conviction for Fugitive Apprehension
(a) A person shall pay $5 as a court cost on conviction of:
(1) a felony; or
(2) a misdemeanor, including a criminal violation of a municipal
ordinance, other than a conviction for an offense relating to
pedestrians or the parking of a motor vehicle.
(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.
(c) For purposes of this article, a person is considered to have
been convicted if:
(1) a sentence is imposed;
(2) the defendant receives community supervision or deferred
adjudication; or
(3) the court defers final disposition of the case.
(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 or municipal treasury, as
appropriate.
(e) The custodian of a county or municipal 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 or municipality may retain 10 percent of the funds
collected under this article by an officer of the county or
municipality as a collection fee if the custodian of the county or
municipal treasury complies with Subsection (e).
(g) If no funds due as costs under this article are deposited in a
county or municipal 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) The comptroller shall deposit the funds received under this
article to the credit of the fugitive apprehension account in the
general revenue fund.
(i) Funds collected under this article are subject to audit by the
comptroller.
Added by Acts 1997, 75th Leg., ch. 1100, Sec. 3, eff. Sept. 1, 1997.
Art. 102.020. Costs on Conviction for Offenses Requiring DNA
Testing
(a) A person shall pay $250 as a court cost on conviction of an
offense listed in Section 411.1471(a)(1), Government Code, and $50
as a court cost on conviction of an offense listed in Section
411.1471(a)(3) of that code.
(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.
(c) 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.
(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) 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 the
general revenue fund.
(i) Funds collected under this article are subject to audit by the
comptroller.
Added by Acts 2001, 77th Leg., ch. 1490, Sec. 6, eff. Sept. 1, 2001.
SUBCHAPTER B. CRIMINAL JUSTICE PLANNING FUND
Art. 102.056. Distribution of Funds
(a) The legislature shall determine and appropriate the necessary
amount from the criminal justice planning fund to the criminal
justice division of the governor's office for expenditure for state
and local criminal justice projects and for costs of administering
the funds for the projects. The criminal justice division shall
allocate not less than 20 percent of these funds to juvenile justice
programs. The distribution of the funds to local units of
government shall be in an amount equal at least to the same
percentage as local expenditures for criminal justice activities
are to total state and local expenditures for criminal justice
activities for the preceding state fiscal year. Funds shall be
allocated among combinations of local units of government taking
into consideration the population of the combination of local units
of government as compared to the population of the state and the
incidence of crime in the jurisdiction of the combination of local
units of government as compared to the incidence of crime in the
state. All funds collected are subject to audit by the comptroller
of public accounts. All funds expended are subject to audit by the
State Auditor. All funds collected or expended are subject to audit
by the governor's division of planning coordination.
(b) The legislature may appropriate any unobligated balance of the
criminal justice planning fund for any court-related purpose.
(c) Notwithstanding any other provision of this section, the
criminal justice division shall allocate to a local unit of
government or combination of local units of government located in
an impacted region occurring as the result of the establishment of a
significant new naval military facility an amount that exceeds by
10 percent the amount it would otherwise receive under this
section.
(d) In this section "significant new naval military facility" and
"impacted region" have the meanings assigned by Section 4, Article
1, National Defense Impacted Region Assistance Act of 1985.
(e) The legislature shall determine and appropriate the necessary
amount from the criminal justice planning account to the criminal
justice division of the governor's office for reimbursement in the
form of grants to local law enforcement agencies for expenses
incurred in performing duties imposed on those agencies under
Sections 411.1471 and 411.1472, Government Code. On the first day
after the end of a calendar quarter, a law enforcement agency
incurring expenses described by this subsection in the previous
calendar quarter shall send a certified statement of the costs
incurred to the criminal justice division. The criminal justice
division through a grant shall reimburse the law enforcement agency
for the costs not later than the 30th day after the date the
certified statement is received. If the criminal justice division
does not reimburse the law enforcement agency before the 90th day
after the date the certified statement is received, the agency is
not required to perform duties imposed under Sections 411.1471 and
411.1472, Government Code, until the agency has been compensated
for all costs for which the local law enforcement agency has
submitted a certified statement under this subsection.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1, 1985.
Subsec. (b) amended by Acts 1986, 69th Leg., 2nd C.S., ch. 11, Sec.
8, eff. Sept. 22, 1986; Subsecs. (c) and (d) added by Acts 1991,
72nd Leg., ch. 16, Sec. 4.07(a), eff. Aug. 26, 1991; Subsec. (e)
added by Acts 2001, 77th Leg., ch. 1490, Sec. 7, eff. Sept. 1, 2001.
SUBCHAPTER C. COURT COSTS AND FEES
Art. 102.071. Collection, Allocation, and Administration
The comptroller of public accounts may require state court costs
and fees in criminal cases to be reported in lump-sum amounts. The
comptroller shall allocate the amounts received to the appropriate
fund, with each fund receiving the same amount of money the fund
would have received if the costs and fees had been reported
individually.
Added by Acts 1989, 71st Leg., ch. 347, Sec. 4, eff. Oct. 1, 1989.
Art. 102.072. Administrative Fee
An officer listed in Article 103.003 or a community supervision and
corrections department may assess an administrative fee for each
transaction made by the officer or department relating to the
collection of fines, fees, restitution, or other costs imposed by a
court. The fee may not exceed $2 for each transaction. This
article does not apply to a transaction relating to the collection
of child support.
Added by Acts 1995, 74th Leg., ch. 217, Sec. 2, eff. May 23, 1995.
Amended by Acts 1999, 76th Leg., ch. 1345, Sec. 1, eff. Sept. 1,
1999.
Art. 102.075. Court Costs for Special Services
(a) Except as provided by Subsection (b), a person convicted of an
offense shall pay, in addition to all other costs:
(1) $80 as a court cost on conviction of:
(A) a felony; or
(B) an offense punishable by imprisonment or confinement in jail
for a term of more than one year;
(2) $40 as a court cost on conviction of:
(A) a Class A misdemeanor;
(B) a Class B misdemeanor;
(C) an offense punishable by confinement in jail for a term of not
more than one year; or
(D) a municipal ordinance punishable by a fine of more than $500;
or
(3) $17 as a court cost on conviction of any offense punishable by
fine only, other than an offense described by Subdivision (2)(D) of
this subsection.
(b) Subsection (a) does not apply to a person convicted under
Subtitle C, Title 7, Transportation Code, if the person is
convicted of a provision of that subtitle regulating pedestrians or
the parking of a motor vehicle.
(c) An officer collecting a cost due under this article in a case in
municipal court shall keep separate records of the money collected
and shall deposit the money in the municipal treasury.
(d) An officer collecting a cost due under this article in a
justice, county, or district court shall keep separate records of
the money collected and shall deposit the money in the county
treasury.
(e) An officer collecting a cost due under this article shall file
the report required by Article 103.005. If no money due as a cost
under this article 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 article was
collected.
(f) The custodian of money in a municipal or county treasury may
deposit money collected under this article in an interest-bearing
account. The custodian shall:
(1) keep records of the amount of money collected under this article
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
article during the preceding quarter, as required by the
comptroller.
(g) A municipality or county may retain 10 percent of the money
collected under this article as a service fee for the collection if
the municipality or county remits the funds to the comptroller
within the period prescribed in Subsection (f). 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 article that is on deposit
in the treasury and remits the funds to the comptroller within the
period prescribed in Subsection (f).
(h) The comptroller shall deposit money received under this article
to the credit of the following accounts in the general revenue fund
according to the specified percentages: NAME OF ACCOUNT PERCENTAGE
abused children's counseling 0.02%
crime stoppers assistance 0.6%
breath alcohol testing 1.28%
Bill Blackwood Law Enforcement Management Institute 5.04%
law enforcement officers standards and education 11.63%
comprehensive rehabilitation 12.37%
operator's and chauffeur's license 25.9%
criminal justice planning 29.18%
fair defense account 13.98%
(i) Of each dollar credited to the law enforcement officers
standards and education account under Subsection (h):
(1) $.333 may be used only to pay administrative expenses; and
(2) the remainder may be used only to pay expenses related to
continuing education for persons licensed under Chapter 415,
Government Code.
(j) Money collected under this article is subject to audit by the
comptroller. Money spent is subject to audit by the state auditor.
(k) Except for a conviction in a municipal court or as otherwise
provided by this article, Chapter 103 applies to the collection of a
cost under this article.
(l) In this article:
(1) court costs are due from the person regardless of whether the
person submitted a specimen of breath or blood for analysis; and
(2) a person is considered to have been convicted in a case if:
(A) a sentence is imposed;
(B) the person receives community supervision or deferred
adjudication; or
(C) the court defers final disposition of the case.
(m) In addition to the cost on conviction imposed by Subsection (a),
a person convicted of an offense described by Subsection (a) shall
pay 50 cents on conviction of the offense. The comptroller shall
deposit money received under this subsection to the credit of an
account in the state treasury to be used only for the establishment
and operation of the Center for the Study and Prevention of Juvenile
Crime and Delinquency at Prairie View A&M University. Subsection
(h) does not apply to money received under this subsection.
(n) In addition to the costs on conviction imposed by Subsections
(a) and (m), a person convicted of an offense described by
Subsection (a) shall pay 50 cents on conviction of the offense. The
comptroller shall deposit money received under this subsection to
the credit of an account in the state treasury to be used only for
the establishment and operation of the Correctional Management
Institute of Texas and Criminal Justice Center account. Subsection
(h) does not apply to money received under this subsection.
Added by Acts 1997, 75th Leg., ch. 1100, Sec. 4, eff. Sept. 1, 1997.
Subsec. (g) amended by Acts 1999, 76th Leg., ch. 1467, Sec. 2.01,
eff. Oct. 1, 1999; Subsec. (h) amended by Acts 2001, 77th Leg., ch.
906, Sec. 10, eff. Jan. 1, 2002; Subsec. (m) amended by Acts 2001,
77th Leg., ch. 368, Sec. 1, eff. Sept. 1, 2001; Subsec. (n) added by
Acts 2001, 77th Leg., ch. 368, Sec. 1, eff. Sept. 1, 2001.
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