BILL ANALYSIS C.S.H.B. 2265 By: Hilbert (Henderson) Jurisprudence 5-3-95 Senate Committee Report (Substituted) 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. The 73rd Legislature passed a bill allowing 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, however, made no provision for the liability of the accruing fee officer for such monies. Allowing the county treasurer to serve as a centralized collection agent for the various Harris County officers would enable residents to discharge their obligations to the county by payment to a single fee officer and relieve those county officers from liability when monies are collected by the treasurer. PURPOSE As proposed, C.S.H.B. 2265 authorizes the county treasurer to serve as a centralized collection agent for the various Harris County officers and relieves those county officers from liability when monies are collected by the treasurer; authorizes a community or supervision and corrections department to collect fees and to charge an administrative fee for the transaction. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 42.131, Code of Criminal Procedure, by adding Section 15, as follows: Sec. 15. ADMINISTRATIVE FEE. (a) Authorizes a community supervision and corrections department (department) to collect money from an individual as ordered by a court served by the department regardless of whether the individual is under the department's supervision. (b) Requires a department that collects money to promptly transfer the money collected to the appropriate county or state officer. (c) Authorizes a department to assess a reasonable administrative fee on an individual who participates in a department program or receives services and who is not paying a monthly fee. (d) Applies this section only to a county with a population of 2.8 million or more. SECTION 2. Amends Chapter 102C, Code of Criminal Procedure, by adding Article 102.072, as follows: Art. 102.072. ADMINISTRATIVE FEE (a) Authorizes an officer listed in Article 103.003 or a department to assess an administrative fee for each transaction made by the officer or department relating to the collection of fines, fees, restitution, or other court-imposed costs. Prohibits the fee from exceeding $2 for each transaction. (b) Applies this article only to a county with a population of 2.8 million or more. SECTION 3. Amends Article 103.003, Code of Criminal Procedure, as follows: Art. 103.003. COLLECTION. (a) Created from existing text. (b) Authorizes a department serving a county with a population of 2.8 million or more to collect money payable under this title and as otherwise provided by law. SECTION 4. Amends Section 112.051, Local Government Code, by amending Subsection (a) and adding Subsection (c), to provide that a sheriff is not liable for a judgment, fine, forfeiture, or penalty (sum) if the sum is collected by a public or private vendor under Article 103.0031, Code of Criminal Procedure, or the county treasurer or county auditor as required by Section 154.011. Makes conforming changes. SECTION 5. Amends Section 112.052, Local Government Code, by amending Subsection (a) and adding Subsection (c), to provide that a justice of the peace is not liable for a fine imposed or a judgment rendered if the fine or judgment is collected by a public or private vendor under Article 103.0031, Code of Criminal Procedure, or the county treasurer or county auditor as required by Section 154.011. Makes conforming changes. SECTION 6. Amends Section 154.009, Local Government Code, as follows: Sec. 154.009. EFFECT OF FAILURE TO COLLECT FEE OR COMMISSION. (a) Created from existing text. (b) Provides that this section does not apply to a district, county, or precinct officer if the county treasurer or county auditor is required to collect the fee or commission under Section 154.011. SECTION 7. Amends Chapter 154A, Local Government Code, by adding Section 154.011, as follows: Sec. 154.011. COLLECTIONS BY COUNTY TREASURER OR COUNTY AUDITOR. (a) Authorizes the commissioners court of a county with a population of 2.8 million or more to designate the county treasurer or the county auditor to collect a sum on behalf of the district, county, or precinct officer (officer) who is required to collect the sum, if the officer consents. (b) Requires the official designated to report the collection of a sum to the officer. (c) Provides that the official designated is solely liable for collecting the sum. (d) Authorizes the official designated to discharge liability in the same manner provided for an officer. (e) Defines "county treasurer" and "county auditor." SECTION 8. Emergency clause. Effective date: upon passage.