BILL ANALYSIS S.B. 770 By: Leedom Intergovernmental Relations 03-17-95 Committee Report (Amended) BACKGROUND Article 118F, Local Government Code, allows the commissioners court of a county to set reasonable fees not higher than is necessary to pay the expenses of providing the services for the sheriff and constables. These fees are required to be set once a year no later than October 1 to be effective January 1 of the following year. In instances when these fees are changed from year-to-year, the annual requirement amounts to redundant work for the court. Section 51.601, Government Code, requires a court reporter's fee of $15 to be collected by the clerk of each court which has an official court reporter. Currently, the fee is deposited to the credit of the county's general fund for the purpose of defraying the court reporter's salary. The practice has caused its constitutionality to be questioned concerning the application of the fee for the purpose it is levied. A commissioners court is required to set various fees which are effective for a 12-month period beginning July 1 of each year. These fees are required to be readopted each year whether they are changed or not. PURPOSE As proposed, S.B. 770 sets forth certain procedures relating to the collection of court reporter fees. 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 Section 118.131(f), Local Government Code, as follows: (f) Requires a commissioners court to provide to the comptroller written notice of the amounts of the fees or changes in the amount of a set fee on or before October 15 of the year in which the fees are initially set. Makes conforming changes. SECTION 2. Amends Section 51.601, Government Code, as follows: Sec. 51.601. COURT REPORTER FEE. (b) Requires the clerk of each court that has a court reporter to collect a court reporter fee and deposit the fee to the credit of the office of the court reporter in a special salary fund created in the county depository. (c) Requires the salary fund for the office of the court reporter to be created and administered in the same manner as provided for county officers by certain state laws, for counties with certain populations. (d) Redesignates existing Subsection (b). SECTION 3. Amends Section 51.702, Government Code, by amending Subsections (f) and (g) and adding Subsections (h), (i), (j), and (k), as follows: (f) Provides that this section applies only to fees and costs for a 12-month period beginning July 1 in a county in which the commissioners court files the resolution with the comptroller not later than June 1 immediately preceding the first 12-month period during which the fees and costs are to be collected. (g) Provides that a resolution under Subsection (f) continues from year to year allowing the county to collect fees and costs under the terms of this section until the resolution is rescinded. (h) Requires a commissioners court that desires to rescind a resolution to submit to the comptroller not later than June 1 preceding the beginning of the first day of the state fiscal year the commissioners court desires to rescind the resolution. (i) Authorizes a county that is not eligible to participate on July 1 of a year but is eligible to participate later in the year to submit a resolution meeting the requirements of Subsection (f) to the comptroller. Requires the comptroller to determine the date the county may begin to collect fees and costs. Provides that a county that begins to collect fees and costs after July 1 is not eligible for a payment by the comptroller under Section 25.0015 until the 60th day after the date the comptroller determines the county may begin to collect fees and costs. (j) Created from existing text. (k) Requires money collected after a county ceases to participate in the collection of additional fees and costs to be remitted to the comptroller. Requires the money to be deposited in the judicial fund and to be distributed to counties currently participating under this section in the manner described in Section 25.0005. SECTION 4. Emergency clause. Effective date: 90 days after adjournment.