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.