Court of Criminal Appeals of Texas

Orlando Salinas, Appellant v. the State of Texas

March 8, 20172017 Tex. Crim. App. LEXIS 284

Summary

The Court held that Texas Local Government Code §133.102 is facially unconstitutional to the extent it allocates court‑cost fees to the "abused children’s counseling" and "comprehensive rehabilitation" accounts because those allocations violate the Texas Constitution’s separation‑of‑powers clause. The statute is not wholly invalid; the invalid portions are severed and the fee is reduced pro rata. The decision reversed the Court of Appeals and modified the fee assessment.