(A) That there is created a juvenile case manager fee, as set forth in the Tex. Code of Crim. Procedure, Art. 102.0174 (Fee).
(B) A defendant convicted of a ‘fine-only misdemeanor offense’ in Municipal Court shall pay a juvenile case manager fee, not to exceed $5, 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 Tex. Code of Crim. Procedure Art. 45.052 or 45.053.
(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 clerks 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 Tex. Code of Crim. Procedure, Art. 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.
(Ord. 2005-40, passed 12-20-2005)