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ORDINANCE 2008 - 58 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, AMENDING ARTICLE 2 OF THE CODE OF <br />ORDINANCES BY ADDING SECTIONS 2.548 AND 2.549 TO <br />ESTABLISH A MUNICIPAL COURT JUVENILE CASE MANAGER FEE <br />AND CREATE A MUNICIPAL COURT JUVENILE CASE MANAGER <br />FUND; SETTING THE AMOUNT OF THE JUVENILE CASE MANAGER <br />FEE; AND INCLUDING PROCEDURAL PROVISIONS. <br />RECITALS: <br />1. The Texas Legislature, during the 79t" regular session, amended the <br />Texas Code of Criminal Procedure by adding a new article 102.0174. This article <br />authorizes municipalities to create, by ordinance, a "juvenile case manager fund" for the <br />sole use in financing the salary and benefits of a juvenile case manager. <br />fund. <br />2. The City Council desires to establish and fund a juvenile case manager <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, THAT: <br />SECTION 1. Chapter 2 of the San Marcos City Code is amended by adding <br />Sections 2.548 and 2.549 to read as follows: <br />Section 2.548. Establishing a juvenile case manager fee and fund. <br />(a) The City council establishes a juvenile case manager fee. The amount of the <br />fee will be established by the council by separate ordinance. <br />(b) The fee will be assessed and collected from the defendant upon conviction <br />for a misdemeanor offense in the municipal court as a cost of court. A defendant <br />is considered convicted if: <br />(1) A sentence is imposed on the person; <br />(2) The person is placed on community supervision, including deferred <br />adjudication; or <br />(3) The court defers final disposition of the person's case. <br />(c) The clerk of the court shall collect the fee and pay the fee to the director of <br />finance, who shall deposit the fee into the juvenile case manager fund.