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.