73R3883 GWK-F
By Craddick H.B. No. 736
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of interest on unpaid fines and costs
1-3 assessed by a justice or municipal court.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 45.50, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 45.50. The judgment. (a) The judgment and sentence,
1-8 in case of conviction in a criminal action before a justice of the
1-9 peace or municipal judge, shall be that the defendant pay the
1-10 amount of the fine and costs to the state.
1-11 (b) The justice or municipal judge may direct the defendant:
1-12 (1) to pay the entire fine and costs when sentence is
1-13 pronounced; <or>
1-14 (2) to pay the entire fine and costs at some later
1-15 date; or
1-16 (3) to pay a specified portion of the fine and costs
1-17 at designated intervals.
1-18 (c) A justice or municipal judge who permits a defendant to
1-19 delay payment of fines and costs under Subsection (b)(2) or (b)(3)
1-20 of this article may require the defendant to pay judgment interest
1-21 on the amount of unpaid fines and costs, to accrue at the rate of
1-22 one percent per month. A justice or municipal judge collecting
1-23 interest under this subsection shall deposit the interest in the
1-24 county or municipal treasury, as appropriate.
2-1 SECTION 2. The title of Chapter 45, Code of Criminal
2-2 Procedure, is amended to read as follows:
2-3 CHAPTER FORTY-FIVE. JUSTICE AND MUNICIPAL
2-4 <CORPORATION> COURTS
2-5 SECTION 3. The change in law made by Section 1 of this Act
2-6 to Article 45.50, Code of Criminal Procedure, applies only to
2-7 interest on fines and costs imposed by a justice or municipal judge
2-8 on conviction of an offense committed on or after the effective
2-9 date of this Act. For purposes of this section, an offense is
2-10 committed before the effective date of this Act if any element of
2-11 the offense occurs before that date.
2-12 SECTION 4. This Act takes effect September 1, 1993.
2-13 SECTION 5. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.