Tex.
Code of Crim. Proc. Article 102.011
Reimbursement Fees for Services of Peace Officers
(a)
A defendant convicted of a felony or a misdemeanor shall pay the following reimbursement fees to defray the cost of the services provided in the case by a peace officer:(1)
$5 for issuing a written notice to appear in court following the defendant’s violation of a traffic law, municipal ordinance, or penal law of this state, or for making an arrest without a warrant;(2)
$50 for executing or processing an issued arrest warrant, capias, or capias pro fine, with the fee imposed for the services of:(A)
the law enforcement agency that executed the arrest warrant or capias, if the agency requests of the court, not later than the 15th day after the date of the execution of the arrest warrant or capias, the imposition of the fee on conviction; or(B)
the law enforcement agency that processed the arrest warrant or capias, if:(i)
the arrest warrant or capias was not executed; or(ii)
the executing law enforcement agency failed to request the fee within the period required by Paragraph (A);(3)
$5 for summoning a witness;(4)
$35 for serving a writ not otherwise listed in this article;(5)
$10 for taking and approving a bond and, if necessary, returning the bond to the courthouse;(6)
$5 for commitment or release;(7)
$5 for summoning a jury, if a jury is summoned; and(8)
$8 for each day’s attendance of a prisoner in a habeas corpus case if the prisoner has been remanded to custody or held to bail.(b)
In addition to the reimbursement fees provided by Subsection (a), a defendant required to pay reimbursement fees under this article shall also pay 29 cents per mile for mileage required of an officer to perform a service listed in this subsection and to return from performing that service. If the service provided is the execution of a writ and the writ is directed to two or more persons or the officer executes more than one writ in a case, the defendant is required to pay only mileage actually and necessarily traveled. In calculating mileage, the officer must use the railroad or the most practical route by private conveyance. The defendant shall also pay all necessary and reasonable expenses for meals and lodging incurred by the officer in the performance of services under this subsection, to the extent such expenses meet the requirements of Section 611.001 (Lodging and Meal Expenses), Government Code. This subsection applies to:(1)
conveying a prisoner after conviction to the county jail;(2)
conveying a prisoner arrested on a warrant or capias issued in another county to the court or jail of the county; and(3)
traveling to execute criminal process, to summon or attach a witness, and to execute process not otherwise described by this article.(c)
If an officer attaches a witness on the order of a court outside the county, the defendant shall pay a reimbursement fee of $10 per day or part of a day spent by the officer conveying the witness and actual necessary expenses for travel by the most practical public conveyance. In order to receive expenses under this subsection, the officer must make a sworn statement of the expenses and the judge issuing the attachment must approve the statement.(d)
A defendant shall pay for the services of a sheriff or constable who serves process and attends an examining trial in a felony or a misdemeanor case the same reimbursement fees allowed for those services in the trial of a felony or a misdemeanor, not to exceed $5.(e)
A reimbursement fee under Subsection (a)(1) or (2) shall be assessed on conviction, regardless of whether the defendant was also arrested at the same time for another offense, and shall be assessed for each arrest made of a defendant arising out of the offense for which the defendant has been convicted.(i)
In addition to reimbursement fees provided by Subsections (a) through (e), a defendant required to pay reimbursement fees under this article shall also pay the costs of overtime paid to a peace officer for time spent testifying in the trial of the case or for traveling to or from testifying in the trial of the case.(j)
Repealed by Acts 2021, 87th Leg., R.S., Ch. 919 (S.B. 1923), Sec. 21, eff. September 1, 2021.
Source:
Article 102.011 — Reimbursement Fees for Services of Peace Officers, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.102.htm#102.011 (accessed Jun. 5, 2024).
