John T. Floyd Law Firm
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CODE OF CRIMINAL PROCEDURE CHAPTER 104.
CERTAIN EXPENSES PAID BY STATE OR COUNTY
Art. 104.001. [1038, 1039, 1050, 1051, 1059, 1060] [1140, 1141,
1152, 1153, 1162, 1263] [1095, 1096, 1107, 1108, 1117, 1118] Jury
Pay and Expenses for Jurors
(a) The sheriff of a county shall, with the approval of the
commissioners court, provide food and lodging for jurors impaneled
in a felony case tried in the county. A juror may pay his own
expenses and draw his script.
(b) A juror in a felony case is entitled to receive as jury pay the
amount authorized by Article 2122, Revised Statutes.
(c) The county treasurer shall pay a juror the amount due the juror
for expenses under this article after receiving a certificate from
a clerk of a court or justice of the peace stating the amount due the
juror.
(d) A draft or certificate issued under this article may be
transferred by delivery and, without further action of any
authority except registration by the county treasurer, may be used
at par to pay county taxes owed by the holder of the draft or
certificate.
(e) If a defendant is indicted in one county and tried in another
county after a change of venue, the county in which the defendant
was indicted is liable for jury pay and expenses paid to jurors by
the county trying the case.
(f) At each regular meeting of the commissioners court of a county,
the court shall determine whether, since the last regular meeting
of the court, a defendant described by Subsection (e) has been tried
in the county. The commissioners court shall prepare an account
against another county liable for jury pay and expenses under this
article. The account must show the number of days the jury was
impaneled in the case and the jury pay and expenses incurred by the
county in the case.
(g) The county judge of the county in which the defendant was tried
shall certify the correctness of the account and send the account to
the county judge of the county in which the defendant was indicted.
The county in which the defendant was indicted shall pay the account
in the same manner required for payment of the expenses of
transferred prisoners under Article 104.002.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1, 1985.
Art. 104.002. [1037, 1048, 1049] [1139, 1150, 1151] [1094, 1105,
1106] Expenses for Prisoners
(a) Except as otherwise provided by this article, a county is liable
for all expenses incurred in the safekeeping of prisoners confined
in the county jail or kept under guard by the county. If a prisoner
is transferred to a county from another county on a change of venue,
for safekeeping, or for a habeas corpus hearing, the county
transferring the prisoner is liable for the expenses described by
this article.
(b) If a county incurs expenses for the safekeeping of a prisoner
from another county, the sheriff shall submit to the county judge an
account of expenses incurred by the county for the prisoner. The
county judge shall approve the amount he determines is a correct
statement of the expenses and sign and date the account.
(c) The county judge shall submit to the commissioners court of the
county for which the prisoner was kept, at a regular term of the
court, his signed statement of the account described by Subsection
(b). If the commissioners court determines that the account is in
accordance with the law, it shall order the county treasurer to
issue to the sheriff of the county submitting the statement a draft
in an amount approved by the court.
(d) A person who is or was a prisoner in a county jail and received
medical, dental, or health related services from a county or a
hospital district shall be required to pay for such services when
they are rendered. If such prisoner is an eligible county resident
as defined in Section 61.002, Health and Safety Code, the county or
hospital district providing the services has a right of subrogation
to the prisoner's right of recovery from any source, limited to the
cost of services provided. A prisoner, unless the prisoner fully
pays for the cost of services received, shall remain obligated to
reimburse the county or hospital district for any medical, dental,
or health services provided, and the county or hospital district
may apply for reimbursement in the manner provided by Chapter 61,
Health and Safety Code. A county or hospital district shall have
authority to recover the amount expended in a civil action.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1, 1985.
Subsec. (d) amended by Acts 1987, 70th Leg., ch. 1010, Sec. 1, eff.
June 19, 1987; Acts 1991, 72nd Leg., ch. 14, Sec. 284(19), eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 434, Sec. 1, eff. Aug. 26,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 3.22, eff. Sept. 1, 1995.
Art. 104.003. State Payment of Certain Prosecution Costs
(a) In a prosecution of a felony committed while the actor was a
prisoner in the custody of the Texas Department of Corrections or a
prosecution of an offense committed in the department by any person
under Chapter 21, Acts of 55th Legislature, Regular Session, 1957
(Article 6184m, Vernon's Texas Civil Statutes), or Chapter 481,
Health and Safety Code, or Sections 485.031 through 485.035, Health
and Safety Code, the state shall reimburse the county for expenses
incurred by the county, in an amount that the court determines to be
reasonable, for payment of:
(1) salaries and expenses of foreign language interpreters and
interpreters for deaf persons whose services are necessary to the
prosecution;
(2) consultation fees of experts whose assistance is directly
related to the prosecution;
(3) travel expenses for witnesses;
(4) expenses for the food, lodging, and compensation of jurors;
(5) compensation of witnesses;
(6) the cost of preparation of a statement of facts and a transcript
of the trial for purposes of appeal;
(7) if the death of a person is an element of the offense, expenses
of an inquest relating to the death;
(8) food, lodging, and travel expenses incurred by the prosecutor's
staff during travel essential to the prosecution of the offense;
(9) court reporter's fees; and
(10) the cost of special security officers.
(b) If there is a change of venue, the court may, in its discretion,
determine that a special prosecutor should be hired for the
prosecution of an offense described in Section (a), and the state
shall reimburse the county for the salary and expenses of the
special prosecutor if the court determines that the hiring of the
special prosecutor was reasonable and necessary for effective
prosecution. The amount of reimbursement may not exceed an amount
that the court determines to be reasonable.
(c) The court shall certify the amount of reimbursement for
expenses under Sections (a) and (b) on presentation by the county of
an itemized and verified receipt for those expenses.
(d) The state shall reimburse the county for expenses incurred by
the county for the investigation of an offense described in Section
(a), whether or not the investigation results in the prosecution of
an offense, and shall reimburse the county for reasonable
operational expenses of the special prison prosecution unit,
including educational activities for the staff and general expenses
relating to its investigative and prosecutorial duties.
(e) The court shall certify the amount of reimbursement for
expenses under Sections (a) and (b) to the comptroller. The
comptroller shall issue a warrant in that amount to the
commissioners court of the county or, if the comptroller determines
that the amount certified by the court is unreasonable, in an amount
that the comptroller determines to be reasonable.
(f) The commissioners court of the county shall certify the amount
of reimbursement for expenses under Section (d) to the comptroller.
The comptroller shall issue a warrant in that amount to the
commissioners court or, if the comptroller determines that the
amount certified by the commissioners court is unreasonable, in an
amount that the comptroller determines to be reasonable.
(g) Notwithstanding any other provision of this article, the
expenses submitted by the county for reimbursement may not exceed
the amount the county would pay for the same activity or service, if
that activity or service was not reimbursed by the state. The
county judge shall certify compliance with this section on request
by the comptroller.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.06(a), eff. Aug. 28,
1989. Subsecs. (a), (d) amended by Acts 1989, 71st Leg., ch. 461,
Sec. 1, eff. June 14, 1989; Subsec. (a) amended by Acts 1991, 72nd
Leg., ch. 14, Sec. 284(60), eff. Sept. 1, 1991.
Art. 104.004. Extraordinary Costs of Prosecution
(a) The criminal justice division of the governor's office may
distribute money appropriated by the legislature for the purposes
of this article to a county for the reimbursement of expenses
incurred by the county during the fiscal year during which
application is made or the fiscal year preceding the year during
which application is made for the investigation or prosecution of
an offense under Section 19.03, Penal Code, or an offense under the
Penal Code alleged by the attorney representing the state to have
been committed for a purpose or reason described by Article 42.014.
(b) For each fiscal year, the division shall distribute at least 50
percent of the money distributed under this article during that
year to counties with a population of less than 50,000, except that
if the total distributions applied for by those counties is less
than 50 percent of the money distributed during that year, the
division is only required to distribute to those counties the
amount of money for which applications have been made.
(c) The division may adopt a budget and rules for the distribution
of money under this article.
(d) All money distributed to a county under this article and its
expenditure by the county are subject to audit by the state auditor.
Added by Acts 1999, 76th Leg., ch. 664, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 85, Sec. 2.01, eff. Sept. 1,
2001.
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