H.B. No. 2424




AN ACT



relating to technical changes to taxes and fees administered
by the comptroller; providing penalties.


	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:


[SECTIONS 1-62 omitted from website. The full text is available at
ftp://ftp2.capitol.state.tx.us/pub/lis/78r/]


	SECTION 63.  (a)  Subsection (e), Section 14, Article
42.12, Code of Criminal Procedure, is amended to read
as follows:


	(e)  The clerk of a court that collects a fee imposed
under Subsection (c)(2) shall deposit the fee to
be sent to the comptroller as provided by Subchapter
B, Chapter 133, Local Government Code [remit
the fee to the comptroller], and the comptroller
shall deposit the fee into the general revenue fund.
 In requiring the payment of a fee under Subsection
(c)(2), the judge shall consider fines, fees, and other
necessary expenses for which the defendant is obligated
in establishing the amount of the fee.  The judge may
not:


		(1)  establish the fee in an amount that is greater
than 25 percent of the defendant's gross income while
the defendant is a participant in residential aftercare;
or


		(2)  require the defendant to pay the fee at any time
other than a time at which the defendant is both employed
and a participant in residential aftercare.


	(b)  This section takes effect January 1, 2004.


	SECTION 64.  (a)  Subsection (f), Section 19, Article
42.12, Code of Criminal Procedure, is amended to read
as follows:


	(f)  A community corrections and supervision department
shall deposit the [remit] fees
collected under Subsection (e) of this section to be
sent to the comptroller as provided by Subchapter
B, Chapter 133, Local Government Code.  The comptroller
shall deposit the fee in the [special revenue
fund to the credit of the] sexual assault
program fund [established]
under Section 420.008, Government [44.0061,
Health and Safety] Code.


	(b)  This section takes effect January 1, 2004.


	SECTION 65.  (a)  Article 45.048, Code of Criminal Procedure,
is amended to read as follows:


	Art. 45.048.  DISCHARGED FROM JAIL.  (a)  A defendant
placed in jail on account of failure to pay the fine
and costs shall be discharged on habeas corpus by showing
that the defendant:


		(1)  is too poor to pay the fine and costs; or


		(2)  has remained in jail a sufficient length of time
to satisfy the fine and costs, at the rate of not less
than $50 [$100] for each period
of time served, as specified by the convicting court
in the judgment in the case.


	(b)  A convicting court may specify a period of time
that is not less than eight hours or more than 24 hours
as the period for which a defendant who fails to pay
the fines and costs in the case must remain in jail
to satisfy $50 [$100] of the
fine and costs.


	(b)  This section takes effect January 1, 2004.


	(c)  The change in law made by this section to Article
45.048, Code of Criminal Procedure, applies only to
a defendant serving a sentence for an offense committed
on or after the effective date of this section.  A
defendant serving a sentence for an offense committed
before the effective date of this section is covered
by the law in effect when the offense was committed,
and the former law is continued in effect for that
purpose.  For purposes of this subsection, an offense
is committed before the effective date of this section
if any element of the offense occurs before that date.


	SECTION 66.  (a)  Subsection (e), Article 45.049, Code
of Criminal Procedure, is amended to read as follows:


	(e)  A defendant is considered to have discharged not
less than $50 [$100] of fines
or costs for each eight hours of community service
performed under this article.


	(b)  This section takes effect January 1, 2004.


	(c)  The change in law made by this section to Article
45.049, Code of Criminal Procedure, applies only to
a defendant serving a sentence for an offense committed
on or after the effective date of this section.  A
defendant serving a sentence for an offense committed
before the effective date of this section is covered
by the law in effect when the offense was committed,
and the former law is continued in effect for that
purpose.  For purposes of this subsection, an offense
is committed before the effective date of this section
if any element of the offense occurs before that date.


	SECTION 67.  (a)  Article 102.004, Code of Criminal
Procedure, is amended by adding Subsection (c) to read
as follows:


	(c)  In this article, "conviction" has the meaning
assigned by Section 133.101, Local Government Code.


	(b)  This section takes effect January 1, 2004.


	SECTION 68.  (a)  Article 102.011, Code of Criminal
Procedure, is amended by adding Subsection (j) to read
as follows:


	(j)  In this article, "conviction" has the meaning
assigned by Section 133.101, Local Government Code.


	(b)  This section takes effect January 1, 2004.


	SECTION 69.  (a)  Subsection (e), Article 102.014, Code
of Criminal Procedure, is amended to read as follows:


	(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[:


		[(1)  a sentence is imposed;


		[(2)  the defendant receives probation or deferred
adjudication; or


		[(3)  the court defers final disposition of
the case].


	(b)  This section takes effect January 1, 2004.


[SECTIONS 70-84 omitted from website. The full text is available at
ftp://ftp2.capitol.state.tx.us/pub/lis/78r/]


	SECTION 85.  (a)  The following are repealed:


		(1)  Article 56.55, Code of Criminal Procedure;


		(2)  Article 56.56, Code of Criminal Procedure;


		(3)  Article 56.57, Code of Criminal Procedure;


		(4)  Article 56.59, Code of Criminal Procedure;


		(5)  Subsections (f), (g), and (h), Article 102.011,
Code of Criminal Procedure;


		(6)  Article 102.019, Code of Criminal Procedure;


		(7)  Article 102.075, Code of Criminal Procedure;


		(8)  Section 51.701, Government Code;


		(9)  Section 51.921, Government Code; and


		(10)  Subsections (b) through (h), Section 56.001, Government
Code.


	(b)  This section takes effect January 1, 2004.


[SECTIONS 86-95 omitted from website. The full text is available at
ftp://ftp2.capitol.state.tx.us/pub/lis/78r/]


	SECTION 96.  Contingent on H.B. No. 2458, Acts of the
78th Legislature, Regular Session, 2003, being enacted
and becoming law, and effective January 1, 2004, Sections
162.405(a) and (d), Tax Code, are amended to read as
follows:


	(a)  An offense under Section 162.403(1), (2), (3),
(4), (5), (6), [(7),] or (8) is a
Class C misdemeanor.


	(d)  An offense under Section 162.403(7), (22),
(23), (24), (25), (26), (27), (28), or (29) is a felony
of the third degree.


	SECTION 97.  (a)  Except as otherwise provided by this
or another section, this Act takes effect September
1, 2003.


	(b)  Sections 14, 28, and 29 of this Act take effect
October 1, 2003.


	(c)  Section 15 of this Act applies only to a tax lien
filed on or after the effective date of this Act. 
A tax lien filed before the effective date of this
Act is governed by the law in effect on the date the
tax lien is filed, and that law is continued in effect
for that purpose.


	(d)  Sections 2, 4, 5, 7, 8, and 9A of this Act take
effect January 1, 2004.


	(e)  Sections 38, 41, and 50 of this Act take effect
January 1, 2004, and apply to reports originally due
on or after that date.  A report originally due before
January 1, 2004, is governed by the law in effect on
the date the report is originally due, and that law
is continued in effect for that purpose.


	(f)  Sections 43, 44, 45, 46, 47, 48, 49, and 95 of
this Act apply only to a report originally due on or
after the effective date of this Act.


	(g)  Section 156.104(b), Tax Code, as added by Section
30 of this Act, takes effect January 1, 2004.


	(h)  This Act takes effect July 1, 2003, if it receives
a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III,
Texas Constitution.  If this Act does not receive the
vote necessary for effect on that date, this Act takes
effect October 1, 2003.  The change in law made by
this Act does not affect taxes imposed before the effective
date of this Act, and the law in effect before the
effective date of this Act is continued in effect for
purposes of the liability for and collection of those
taxes.
______________________________ ______________________________ 

   President of the Senate		Speaker of the House

I certify that H.B. No. 2424 was passed by the House on May 16, 2003, by a non-record vote; that the House refused to concur in Senate amendments to H.B. No. 2424 on May 30, 2003, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 2424 on June 1, 2003, by a non-record vote; and that the House adopted S.C.R. No. 67 authorizing certain corrections in H.B. No. 2424 on June 2, 2003, by a non-record vote.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2424 was passed by the Senate, with amendments, on May 28, 2003, by a viva-voce vote; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 2424 on June 1, 2003, by the following vote: Yeas 31, Nays 0; and that the Senate adopted S.C.R. No. 67 authorizing certain corrections in H.B. No. 2424 on June 1, 2003.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor