Justice Court Technology Fund Fee Q&A

Quite a few of you have had questions concerning the items that can be purchased with monies collected in your county's Tech Fund and how the fee can be budgeted. The following questions are representative of what we have been seeing on this site.

1. Can you please tell me exactly what the Justice Court Technology Fund Fee can be used for? Especially interested to see if cellular phone for office falls under this category, and if this fund can be used for cellular phone and/or pager.

The justice court technology fund is created by Art. 102.0173, Code of Criminal Procedure. Article 102.0173 states:

a. The commissioners court of a county by order may create a justice court technology fund and may require a defendant convicted of a misdemeanor offense in a justice court to pay a technology fee not to exceed $4 as a cost of court.

b. In this article, a person is considered convicted if:

• a sentence is imposed on the person; or

• the court defers final disposition of the person's case.

c. The justice court clerk shall collect the costs and pay the funds to the county treasurer, or to any other official who discharges the duties commonly delegated to the county treasurer, for deposit in a fund to be known as the justice court technology fund.

d. A fund designated by this article may be used only to finance the purchase of technological enhancements for a justice court, 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.

e. The justice court technology fund shall be administered by or under the direction of the commissioners court of the county."

Now that the funds are clear to use, should each court have the right to spend the amount of money that has been collected in the account for that certain court on technology?

It is up to the commissioners court of the county to create by order the justice court technology fund and to require the collection of a fee. If the commissioners court does so, the money from this fee is collected into the fund, and it is then up to the commissioners court to determine how the money is distributed to the justice courts. There are no statutory requirements governing how the money shall be distributed.

We understand that this fund is for the use of computer technology and anything that has to do with computers. Since we have to have a special desk for computers, could we purchase a desk with these funds?

The statute lists technological enhancements that may be purchased with money from the fund. However, the enhancements that may be purchased are not limited to the items on that list. The word "including" is not a word of limitation and "typically indicates a partial list." [766 Black's Law Dictionary (7th ed. 1999).] The commissioners court of your county will have to determine what items may be purchased using the money from the fund.

Can this collection be put into general fund only to be dispersed if requested in budget?

It is up to the commissioners court of the county to create by order the justice court technology fund and to require the collection of a fee. If the commissioners court does so, the money from this fee is collected into the fund, and it is then up to the commissioners court to determine how the money is distributed to the justice courts. There are no statutory requirements governing how the money shall be distributed.