Art. 102.0178. COSTS ATTENDANT TO CERTAIN INTOXICATION AND DRUG CONVICTIONS. (a) In addition to other costs on conviction imposed by this chapter, a person shall pay $60 as a court cost on conviction of an offense punishable as a Class B misdemeanor or any higher category of offense under:
(1) Chapter 49, Penal Code; or
(2) Chapter 481, Health and Safety Code.
(b) 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.
(c) 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, as appropriate.
(d) The custodian of a county treasury shall:
(1) keep records of the amount of funds on deposit collected under this article; and
(2) except as provided by Subsection (e), 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.
(e) A county is entitled to:
(1) if the custodian of the county treasury complies with Subsection (d), retain 10 percent of the funds collected under this article by an officer of the county during the calendar quarter as a service fee; and
(2) if the county has established a drug court program or establishes a drug court program before the expiration of the calendar quarter, retain in addition to the 10 percent authorized by Subdivision (1) another 50 percent of the funds collected under this article by an officer of the county during the calendar quarter to be used exclusively for the development and maintenance of drug court programs operated within the county.
(f) 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.
(g) The comptroller shall deposit the funds received under this article to the credit of the drug court account in the general revenue fund to help fund drug court programs established under Chapter 122, 123, 124, or 125, Government Code, 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 drug court programs that apply for the money.
(h) Funds collected under this article are subject to audit by the comptroller.
Added by Acts 2007, 80th Leg., R.S., Ch. 625 (H.B. 530), Sec. 8, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 902 (H.B. 666), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 2.03, eff. September 1, 2013.
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