BILL ANALYSIS



H.B. 2265
By: Hilbert
03-27-95
Committee Report (Amended)


BACKGROUND

Current statutes governing county finances, accounting and money
management do not provide for efficient collections of fines, fees,
judgments, or other monies in a county the size of Harris County. 
In Harris County, numerous county officers are responsible for the
collection of monies which ultimately are deposited with the county
treasurer.

During the last legislative session, the Code of Criminal Procedure
was amended by adding Art. 103.0013.  This section allows a county
commissioners court to enter into a contract with a public or
private vendor for the provision of collection services for fines,
fees, restitution, and other costs ordered to be paid by a court. 
This new section made no provision for the liability of the
accruing to the fee officer for such monies.

HB 2265 would allow the county treasurer to serve as a centralized
collection agent for the various Harris County officers, and
relieve those county officers from liability when monies are
collected by the treasurer.

This centralized collection process would enable residents of
Harris County to discharge their various obligations to the county
by payment to a single fee officer, the treasurer, rather than by
payment to each respective fee officer.  Citizens would be able to
make payments in any number of locations in which the treasurer
maintained an office for the collection of monies.

Further, allowing the treasurer to collect monies on behalf of the
many fee officers would expedite the handling of money and
accounting for the same and would promote the overall economy and
efficiency of government.

This bill would also relieve the fee officers from liability for
monies collected by a public or private vendor in accordance with
Art. 103.0013 of the Code of Criminal Procedure.

PURPOSE

This legislation would allow the county treasurer to serve as a
centralized collection agent for the various Harris County
officers, and relieve those county officers from liability when
monies are collected by the treasurer.

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 Section 112.051 of the Local Government Code as
follows:

     Subsection (a) is amended to provide an exception to the
     requirement that the county clerk keep an account for the
     county sheriff that charges the sheriff with each judgment,
     fine, forfeiture, or penalty that the sheriff is charged to
     collect.

     Subsection (c) is added to relieve the sheriff from liability
     for a judgment, fine, forfeiture, fine, or penalty that the
     sheriff is required to collect if that money is collected by
     a public or private vendor under Art. 103.0013 of the Code of
     Criminal Procedure, or under the newly proposed Local
     Government Code Section 154.011 allowing the Harris County
     Treasurer to act as a centralized collection agent.

SECTION 2.  Amends Section 112.052 of the Local Government Code as
follows:

     Subsection (a) is amended to provide an exception to the
     charging of a fine or judgment against a justice of the peace.

     Subsection (c) is added to relieve the justice of the peace
     from liability for a fine imposed or a judgment rendered if
     that money is collected by a public or private vendor under
     Art. 103.0013 of the Code of Criminal Procedure, or under the
     newly proposed Local Government Code Section 154.011 allowing
     the Harris County Treasure to act as a centralized collection
     agent.

SECTION 3.  Amends Section 154.009 of the Local Government Code as
follows:

     Subsection (a) renumbers the existing paragraph.
     
     Subsection (b) is added to relieve a fee officer of liability
     if monies for which the fee officer is charged are collected
     by the county treasurer.

SECTION 4.  Amends Chapter 154 of the Local Government Code by
adding Section 154.011 as follows:

     Subsection (a) allows the commissioners court of a county with
     a population of 2.8 million or more to require the county
     treasurer to collect a fee, commission, judgment, fine,
     forfeiture or penalty on behalf of a county fee officer.

     Subsection (b) requires the county treasurer to report the
     collection of monies to the fee officer on whose behalf the
     funds were collected.

     Subsection (c) provides that the county treasurer is liable
     for the monies collected on behalf of the fee officer.

     Subsection (d) provides that the county treasurer's liability
     is discharged in the same manner as the liability of the fee
     officer for whom the monies were collected.

     Subsection (e) defines "county treasurer" to include a person
     performing the duties of the county treasurer.
  
SECTION 5.  Emergency Clause.

EXPLANATION OF AMENDMENTS

Committee amendment #1 more explicitly defines "county treasurer"
for the purposes of this act.

SUMMARY OF COMMITTEE ACTION

HB 2265 was considered by the County Affairs Committee in a public
hearing on 3/29/95. Representative Hilbert opened. Bob Wessels,
representing the Harris County Justices of the Peace and County
Court Judges Association, testified in favor of HB 2265.
Representative Hilbert closed. The committee considered one
amendment. The amendment was adopted without objection. HB 2265 was
reported favorably as amended with the recommendation that it do
pass and be printed by the record vote of 8 ayes, 0 nays, 0 pnv, 1
absent.