BILL ANALYSIS
C.S.H.B. 2185
By: Romo
05-04-95
Committee Report (Substituted)
BACKGROUND
Currently, the Texas' court fee system is a complex structure
containing 12 separate fees that can be assessed on convicted
individuals. The system results in burdensome accounting, reporting
and auditing requirements at both the state and local levels.
Of the twelve fees currently imposed, revenue from ten state court
fees is dedicated to ten separate special accounts within the
General Revenue Fund, one is dedicated to a separate fund and
another is deposited into general revenue. In 1991, the Legislature
addressed the large number of dedicated funds in the State Treasury
and the statutory dedication of fee revenue. The resulting law
will eliminate the fee dedications for 11 of the 12 state fees as
of August 31, 1995; court fee revenue from these fees will be
deposited into the General Revenue fund beginning in fiscal 1996.
The judicial and court personnel training fee-the only fee excluded
for this provision-will maintain its dedication to the Judicial and
Court Personnel Training Fund.
PURPOSE
H.B. 2185 would repeal 10 separate court fees and replace them with
uniform court fees by type of offense.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter C, Chapter 102, Code of Criminal
Procedure, by adding Article 102.072 COURT COSTS FOR
SPECIAL SERVICES.
(a) Requires a defendant convicted of an offense to pay
court costs in addition to all other costs:
(1) $70 on conviction of: (A) a felony; or (B) an
offense punishable by imprisonment or confinement
in jail for a term of more than one year;
(2) $50 on conviction of: (A) a Class A
misdemeanor; (B) a Class B misdemeanor; (C) an
offense punishable by confinement in jail for a
term of not more than one year; or (D) a municipal
ordinance punishable by a fine of more than $200;
or
(3) $35 on conviction of: (A) a Class C
misdemeanor; (B) an offense punishable by fine
only, other than an offense described by
Subdivision (2)(D) of this section; or (C) a
municipal ordinance punishable by a fine of not
more than $200.
(b) Provides that subsection (a) does not apply to a
person convicted under the Uniform Act Regulating
Traffic on Highways, if the conviction is of a provision
of that Act regulating pedestrians or the parking of a
motor vehicle.
SECTION 1. (c) Provides for the allocation of a percentage of the
court costs.
(Contd.)
(d) Requires the comptroller to credit the remaining
percentage of the funds to the un-dedicated portion of
the general revenue fund.
(e) Defines conviction to be: (1) a sentence is imposed;
(2) the person receives community supervision or
deferred adjudication; or (3) the court defers final
disposition of the case.
(f) Provides that Chapter 103 (Collection and
Recordkeeping), Code of Criminal Procedure, applies to
the collection of a cost under this article, except for
conviction in a municipal court.
(g) Requires an officer collecting costs under this
article in municipal court to keep separate records of
the funds and deposit the funds in the municipal
treasury.
(h) Requires an officer collecting costs under this
article in justice, county, and district courts keep
separate records of the funds and deposit the funds in
the county treasury.
(i) Requires that an officer collecting costs under this
article in county courts on appeal from justice or
municipal courts keep separate records of the funds
collected and deposit the funds in the county treasury.
(j) Requires officers collecting funds due as costs
under this article to file a report as required under
Article 103.005 (Report Required), Code of Criminal
Procedure.
(k) Provides that the custodians of the municipal and
county treasuries may deposit the funds collected under
this article in interest-bearing accounts. Also
requires that the custodian remit the funds collected
to the comptroller quarterly.
(l) Provides that a municipal or county treasury may
retain 10 percent of funds collected in this article as
a service fee for the collection, and may retain all the
interest that accrues on the funds.
SECTION 2. Amends Article 56.57 (Deposit by Comptroller; Audit),
Code of Criminal Procedure, Subsection (a), to require
the comptroller to deposit moneys credited to the fund
by any provision of law other than Article 102.072, in
the compensation to victims of crime account of the
general revenue fund.
SECTION 3. Amends Articles 102.016 (Costs for Breath Alcohol
Testing Program), Subsections (c), (h), and (i), Code
of Criminal Procedure.
(c) Requires a convicted person to pay court costs
regardless of whether the person submitted a specimen
of breath or blood for analysis. Also deletes the
definition of conviction.
(h) Allows the custodian of a municipal or county
treasury in a county that maintains a certified breath
alcohol testing program but does not use the services
of a certified technical supervisor employed by the
department to retain $22.50 of each court cost collected
under Article 102.072 to defray the costs of maintaining
and supporting a certified alcohol breath testing
program.
(i) Provides that the legislature may appropriate money
deposited in the breath alcohol testing account of the
general revenue fund to the Department of Public Safety
for use by the department in the implementation,
administration, and maintenance of the statewide
certified breath alcohol testing program.
SECTION 4. Repeals the following: (Unless otherwise noted, Code of
Criminal Procedure)
(1) Sections 1, 2 and 3(a), Article 37.072 (Abused
Children's Counseling Account);
(2) Articles 56.55 (Court Costs), 56.56 (Deposit and
Remittance of Court Costs), and 56.59 (Attorney General
Supervision of Collection of Costs; Failure to Comply);
(3) Articles 102.013 (Court Costs; Crime Stoppers
Assistance Account), Subsections (a), (b), (c), (d),
(e), and (f);
(4) Article 102.015 (Misdemeanor Costs);
(5) Articles 102.016 (Costs for Breath Alcohol Testing
Program), Subsections (a), (b), (d), and (e);
(6) Articles 102.051 (Misdemeanor and Felony Costs),
102.052 (Record of Collection), 102.053 (Reports
Required), 102.054 (Transfer of Funds to Comptroller),
and 102.055 (Special Fund);
(7) Subchapter D (Comprehensive Rehabilitation Fund),
Chapter 102;
(8) Subsections (b) and (c), Section 1C (Failure to
Maintain Financial Responsibility), Texas Motor Vehicle
Safety-Responsibility Act (Article 6701h, Vernon's Texas
Civil Statutes); and
(9) Sections 415.082 (Court Costs) and 415.083
(Collection; Deposit; Records), Government Code.
SECTION 5. Effective Date: September 1, 1995.
SECTION 6. Provides that the change in law made by this Act applies
only to a court cost imposed on conviction for an
offense committed on or after the effective date of this
Act.
SECTION 7. Emergency Clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
H.B. 2185 allocates the court costs to various accounts in the
general revenue fund. C.S.H.B. 2185 continues this allocation, but
alters the percentages.
H.B. 2185 changes the portion of court costs that are retained to
defray the costs of a certified alcohol breath testing program.
C.S.H.B. 2185 returns the language to the current law, but adds the
stipulation that costs may only be collected from offenses under:
(1) Chapter 49, Penal Code, other than offenses punishable as Class
C misdemeanors; or (2) the Texas Commercial Driver's License Act.
SUMMARY OF COMMITTEE ACTION
Public notice was posted in accordance with the rules, and a public
hearing was held on April 25, 1995. Representative Romo explained
the bill. Without objection, H.B. 2185 was left pending before the
committee.
On May 2, 1995, the committee met in a public hearing, and H.B.
2185 was laid out on pending business. The committee considered a
complete substitute by Representative Romo. Without objection, the
committee adopted C.S.H.B. 2185. By a record vote of 6 ayes, 0
nays, 0 present not voting and 5 absent, the committee voted to
report H.B. 2185 to the House as substituted with the
recommendation that it do pass.
Testimony received in favor of the bill (4/25/95):
Bonnie Wolbrueck, representing herself and the County
& District Clerks Assn. of Texas
W.H. Moore, representing himself and the County &
District Clerks Assn.
Dan Johnson, representing himself and Bexar County
Neutral testimony received on the bill (4/25/95):
Christine Taylor, representing herself and the Office
of the Attorney General
Laurel E. Kelly, representing herself and the Office of
the Attorney General
Stanton Brown, representing the Office of the
Comptroller of Public Accounts