85R12489 LHC-D     By: Menéndez S.B. No. 1791       A BILL TO BE ENTITLED   AN ACT   relating to veterans treatment court programs and the results of   successfully completing those programs; imposing a filing fee on   certain civil cases to benefit veterans treatment court programs;   changing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 101, Government Code, is   amended by adding Section 101.061195 to read as follows:          Sec. 101.061195.  ADDITIONAL DISTRICT COURT FEES FOR   VETERANS TREATMENT COURT PROGRAMS: GOVERNMENT CODE. The clerk of a   district court shall collect an additional filing fee of $3 under   Section 124.007 in civil cases to benefit veterans treatment court   programs.          SECTION 2.  Subchapter E, Chapter 101, Government Code, is   amended by adding Section 101.081194 to read as follows:          Sec. 101.081194.  ADDITIONAL STATUTORY COUNTY COURT FEES FOR   VETERANS TREATMENT COURT PROGRAMS: GOVERNMENT CODE. The clerk of a   statutory county court shall collect an additional filing fee of $3   under Section 124.007 in civil cases to benefit veterans treatment   court programs.          SECTION 3.  Section 103.027(a), Government Code, is amended   to read as follows:          (a)  Fees and costs shall be paid or collected under the   Government Code as follows:                (1)  filing a certified copy of a judicial finding of   fact and conclusion of law if charged by the secretary of state   (Sec. 51.905, Government Code) . . . $15;                (2)  cost paid by each surety posting the bail bond for   an offense other than a misdemeanor punishable by fine only under   Chapter 17, Code of Criminal Procedure, for the assistant   prosecutor supplement fund and the fair defense account (Sec.   41.258, Government Code) . . . $15, provided the cost does not   exceed $30 for all bail bonds posted at that time for an individual   and the cost is not required on the posting of a personal or cash   bond;                (3)  to participate in a court proceeding in this   state, a nonresident attorney fee (Sec. 82.0361, Government Code) .   . . $250 except as waived or reduced under supreme court rules for   representing an indigent person;                (4)  on a party's appeal of a final decision in a   contested case, the cost of preparing the original or a certified   copy of the record of the agency proceeding, if required by the   agency's rule, as a court cost (Sec. 2001.177, Government Code) . .   . as assessed by the court, all or part of the cost of preparation;                (5)  a program fee for a drug court program (Sec.   123.004, Government Code) . . . not to exceed $1,000;                (6)  an alcohol or controlled substance testing,   counseling, and treatment fee (Sec. 123.004, Government Code) . . .   the amount necessary to cover the costs of testing, counseling, and   treatment;                (7)  a reasonable program fee for a veterans treatment   court program (Sec. 124.005, Government Code) . . . not to exceed   $500 [$1,000];                (8)  a testing, counseling, and treatment fee for   testing, counseling, or treatment performed or provided under a   veterans treatment court program (Sec. 124.005, Government Code) .   . . the amount necessary to cover the costs of testing, counseling,   or treatment; and                (9)  a nonrefundable program fee for a prostitution   prevention program (Sec. 126.006, Government Code) . . . a   reasonable amount not to exceed $1,000, which must include a   counseling and services fee in an amount necessary to cover the   costs of counseling and services provided by the program, a victim   services fee in an amount equal to 10 percent of the total fee, and a   law enforcement training fee in an amount equal to five percent of   the total fee.          SECTION 4.  Section 124.005(a), Government Code, is amended   to read as follows:          (a)  A veterans treatment court program established under   this chapter may collect from a participant in the program:                (1)  a reasonable program fee not to exceed $500   [$1,000]; and                (2)  a testing, counseling, and treatment fee in an   amount necessary to cover the costs of any testing, counseling, or   treatment performed or provided under the program.          SECTION 5.  Chapter 124, Government Code, is amended by   adding Section 124.007 to read as follows:          Sec. 124.007.  ADDITIONAL FILING FEE FOR CIVIL CASES IN   CERTAIN COURTS. (a) In addition to all other fees authorized or   required by other law, the clerk of a district court or statutory   county court shall assess a fee of $3 in each civil case filed in the   court to be used to benefit veterans treatment court programs.          (b)  Court fees due under this section are collected in the   same manner as other fees, fines, or costs are collected in the   case. A clerk collecting the fees shall keep separate records of   the funds collected as fees under this section and shall deposit the   funds in the county treasury, as appropriate.          (c)  The custodian of a county treasury shall:                (1)  keep records of the amount of funds on deposit   collected under this section; and                (2)  except as provided by Subsection (d), send to the   comptroller before the last day of the first month following each   calendar quarter the funds collected under this section during the   preceding quarter.          (d)  If a county has established a veterans treatment court   program or establishes a veterans treatment court program before   the expiration of the calendar quarter, the county is entitled to   retain 60 percent of the funds collected under this section by a   clerk during the calendar quarter to be used exclusively for the   development and maintenance of veterans treatment court programs   operated within the county.          (e)  If no funds due as fees under this section 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.          (f)  The comptroller shall deposit the funds received under   this section to the credit of the veterans treatment court account   in the general revenue fund to help fund veterans treatment court   programs established under this chapter or former law.  The   legislature shall appropriate money from the account solely to the   criminal justice division of the governor's office for distribution   to veterans treatment court programs that apply for the money.          (g)  Funds collected under this section are subject to audit   by the comptroller.          SECTION 6.  Subchapter E-1, Chapter 411, Government Code, is   amended by adding Section 411.0726 to read as follows:          Sec. 411.0726.  PROCEDURE FOLLOWING DISMISSAL OF CHARGES   AFTER SUCCESSFUL COMPLETION OF VETERANS TREATMENT COURT PROGRAM.   (a) This section applies only to a person:                (1)  who successfully completes a veterans treatment   court program under Chapter 124 or former law; and                (2)  with respect to whom the applicable charge for the   offense for which the person entered that program is dismissed   under Section 124.001(b).          (b)  Notwithstanding any other provision of this subchapter   or Subchapter F, a court that dismisses the charges against a person   described by Subsection (a) as a result of the person's   participation in a veterans treatment court program shall issue an   order of nondisclosure of criminal history record information under   this subchapter prohibiting criminal justice agencies from   disclosing to the public criminal history record information   related to the offense for which the person entered the program.     The court shall issue the order of nondisclosure not later than the   30th day after the date the court dismisses the charges against the   person.          (c)  The person must pay a $28 fee to the clerk of the court   before the court issues the order of nondisclosure of criminal   history record information under this section.          SECTION 7.  Section 411.074, Government Code, is amended by   adding Subsection (c) to read as follows:          (c)  This section does not apply to an order of nondisclosure   of criminal history record information under Section 411.0726.          SECTION 8.  Section 103.0271, Government Code, is repealed.          SECTION 9.  The change in law made by this Act to Section   124.005(a), Government Code, applies to a person who, on or after   the effective date of this Act, enters a veterans treatment court   program under Chapter 124, Government Code, regardless of whether   the person committed the offense for which the person enters the   program before, on, or after the effective date of this Act.          SECTION 10.  (a)  The changes in law made by this Act in   adding Section 411.0726, Government Code, apply to an order of   nondisclosure of criminal history record information for a person   who successfully completes a veterans treatment court program under   Chapter 124, Government Code, or former law, before, on, or after   the effective date of this Act, regardless of when the underlying   arrest occurred.          (b)  For a person who is entitled to an order of   nondisclosure of criminal history record information under Section   411.0726, Government Code, as added by this Act, based on a   successful completion of a veterans treatment court program under   Chapter 124, Government Code, or former law, before the effective   date of this Act, notwithstanding the 30-day time limit provided   for the court to enter an automatic order of nondisclosure of   criminal history record information under that section, the court   shall enter an order of nondisclosure of criminal history record   information for the person as soon as practicable after the court   receives written notice from any party to the case about the   person's entitlement to the order of nondisclosure.          SECTION 11.  To the extent of any conflict, this Act prevails   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 12.  This Act takes effect September 1, 2017.