Art. 102.0174. COURT COSTS; JUVENILE CASE MANAGER FUND. (a) In this article, "fund" means a juvenile case manager fund.
(b) The governing body of a municipality by ordinance may create a juvenile case manager fund and may require a defendant convicted of a fine-only misdemeanor offense in a municipal court to pay a juvenile case manager fee not to exceed $5 as a cost of court if the municipality employs a juvenile case manager. A municipality that does not employ a juvenile case manager may not collect a fee under this subsection.
(c) The commissioners court of a county by order may create a juvenile case manager fund and may require a defendant convicted of a fine-only misdemeanor offense in a justice court, county court, or county court at law to pay a juvenile case manager fee not to exceed $5 as a cost of court if the court employs a juvenile case manager. A justice court, county court, or county court at law that does not employ a juvenile case manager may not collect a fee under this subsection.
(d) The ordinance or order must authorize the judge or justice to waive the fee required by Subsection (b) or (c) in a case of financial hardship.
(e) In this article, a defendant is considered convicted if:
(1) a sentence is imposed on the defendant;
(2) the defendant receives deferred disposition, including deferred proceedings under Article 45.052 or 45.053; or
(3) the defendant receives deferred adjudication in county court.
(f) The clerks of the respective courts shall collect the costs and pay them to the county or municipal treasurer, as applicable, or to any other official who discharges the duties commonly delegated to the county or municipal treasurer for deposit in the fund.
(g) A fund created under this section may be used to finance the salary, benefits, training, travel expenses, office supplies, and other necessary expenses relating to the position of a juvenile case manager employed under Article 45.056. If there is money in the fund after those costs are paid, on approval by the employing court, a juvenile case manager may direct the remaining money to be used to implement programs directly related to the duties of the juvenile case manager, including juvenile alcohol and substance abuse programs, educational and leadership programs, and any other projects designed to prevent or reduce the number of juvenile referrals to the court. The fund may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager.
(h) A fund must be administered by or under the direction of the commissioners court or under the direction of the governing body of the municipality.
Added by Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 35, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 868 (S.B. 61), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 8, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 801 (H.B. 2945), Sec. 1, eff. June 17, 2015.
Article: Previous 102.015 102.016 102.0169 102.017 102.0171 102.0172 102.0173 102.0174 102.0178 102.018 102.0185 102.0186 102.020 102.022 102.056 NextLast modified: September 28, 2016