The Security and Technology Funds October 2014 Ted Wood Assistant General Counsel Office of Court Administration State of Texas (512) 936-1183 1
Security Funds Statute: Texas Code of Criminal Procedure, Article 102.017 When Paid: Upon conviction. A person is considered to be convicted if: (1) a sentence is imposed on the person (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person s case. Amount Paid: (1) felony conviction in district court - $5 (2) misdemeanor offense in county court, county court at law, or district court - $3 (3) misdemeanor offense in justice court - $4 (4) misdemeanor offense in municipal court - $3 (optional with City Council) Where Money is Directed: (1) To the Courthouse Security Fund (for district, countylevel, and justice courts) (2) To the Municipal Court Building Security Fund (for municipal courts) Administration of Fund: The courthouse security fund and the justice court building security fund are to be administered by the commissioners court. The municipal court building fund is to be administered by the governing body of the municipality. How Money can be Used: Courthouse Security Fund Money: security personnel, services, and items related to buildings that house the operations of district, county, or justice courts * Municipal Court Building Security Fund: security personnel, services, and items related to buildings that house the operations of municipal courts. 2
If a justice court is located in a building other than the county courthouse, then $1 of the $4 court cost for a conviction in that justice court is to be directed to the Justice Court Building Security Fund. Money in this fund can only be used to provide security personnel, services, and items for a justice court located in a building that is not the county courthouse. NOTES: (1) The term operations of [a] district, county, or justice court includes the activities of associate judges, masters, magistrates, referees, hearing officers, criminal law magistrate court judges, and masters in chancery. (2) The term security personnel, services, and items includes: - the purchase or repair of X-ray machines and conveying systems - handheld metal detectors - walkthrough metal detectors - identification cards and systems - electronic locking and surveillance equipment - bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing appropriate security services - signage - confiscated weapon inventory and tracking systems - locks, chains, alarms, or similar security devices - the purchase or repair of bullet-proof glass - continuing education on security issues for court personnel and security personnel 3
Technology Funds Three Separate Funds (1) Justice Court Technology Fund (2) Municipal Court Technology Fund (3) County and District Court Technology Fund (1) Justice Court Technology Fund Statute: Texas Code of Criminal Procedure, Article 102.0173 When Paid: Upon conviction. A person is considered to be convicted if: (1) a sentence is imposed on the person; or (2) the court defers final disposition of the person s case. Amount Paid: $4 Where Money is Directed: To the Justice Court Technology Fund Administration of Fund: The fund is to be administered by or under the direction of the commissioners court. How Money can be Used: To finance: (1) the cost of continuing education and training for justice court judges and clerks regarding technological enhancements for justice courts; and 2) the purchase and maintenance of technological enhancements for a justice court, including: (A) computer systems; (B) computer networks; (C) computer hardware; (D) computer software; (E) imaging systems; 4
(F) electronic kiosks; (G) electronic ticket writers; and (H) docket management systems (2) Municipal Court Technology Fund (Optional) Statute: Texas Code of Criminal Procedure, Article 102.0172 When Paid: Upon conviction. A person is considered to be convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person s case. Amount: not to exceed $4 (set by governing body of municipality). NOTE: Governing body determines whether there will be any such fee at all. Where Money is Directed: To the Municipal Court Technology Fund. Administration of Fund: The fund is to be administered by or under the direction of the governing body of the municipality. How Money can be Used: To finance the purchase of or to maintain technological enhancements for a municipal court or municipal court of record, including: (1) computer systems; (2) computer networks; (3) computer hardware; (4) computer software; (5) imaging systems; (6) electronic kiosks; (7) electronic ticket writers; and (8) docket management systems. 5
(3) County and District Court Technology Fund Statute: Texas Code of Criminal Procedure, Article 102.0169 When Paid: Upon conviction. A person is considered to be convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person s case. Amount: $4 Where Money is Directed: To the County and District Court Technology Fund Administration of Fund: The fund is to be administered by or under the direction of the commissioners court. How Money can be Used: To finance: (1) the cost of continuing education and training for county court, statutory county court, or district court judges and clerks regarding technological enhancements for those courts; and 2) the purchase and maintenance of technological enhancements for a county court, statutory county court, or district court, including: (A) computer systems; (B) computer networks; (C) computer hardware; (D) computer software; (E) imaging systems; (F) electronic kiosks; and (G) docket management systems. 6