(a) There
is created a juvenile case manager fee, as set forth in the Texas
Code of Criminal Procedure, article 102.0174 (“fee”).
(b) A
defendant convicted of a fine-only misdemeanor offense in municipal
court shall pay the juvenile case manager fee, not to exceed five
dollars ($5.00), as a court cost. The fee does not apply to parking
citations. For purposes of this section, a person is considered to
be “convicted” if:
(1) A sentence is imposed on the defendant by the court; or
(2) The defendant receives deferred disposition from the court, including
deferred proceedings under article 45.052 or 45.053 of the Texas Code
of Criminal Procedure.
(c) The
municipal court judge is authorized to waive the juvenile case manager
fee in cases of demonstrated financial hardship on the part of a convicted
defendant. For example, the municipal court judge may waive the fee
if the judge has determined that the defendant is: indigent; has insufficient
resources or income to pay the fee; or, is otherwise unable to pay
all or part of the underlying fine or costs.
(d) The
municipal court clerk shall collect the fee and pay it to the city
treasurer to be kept in a separate fund known as the “juvenile
case manager fund.”
(e) The
fund may be used only to finance the salary and benefits of a juvenile
case manager that is employed by the municipal court under Texas Code
of Criminal Procedure, article 45.056.
(f) Upon
approval of the city council, the municipal court may employ one or
more full-time juvenile case managers to assist the court in administering
the court’s juvenile docket and in supervising its court orders
in juvenile cases.
(g) The
fund shall be administered by or under the direction of the city council.
(h) The
juvenile case manager fee shall be charged to and applied only to
conduct that occurs on or after January 1, 2006.
(Ordinance 471 adopted 7/18/06)
In accordance with article 103.0031 of the Texas Code of Criminal
Procedure, there is hereby imposed an additional fee of thirty percent
(30%) on all debts and accounts receivable, i.e.: fines, fees, court
costs, restitution, and other debts that are more than sixty (60)
days past due and have been referred to a private firm (Perdue) for
collection.
(Ordinance 513 adopted 11/16/10)