H.B. No. 2265
1-1 AN ACT
1-2 relating to the judgments, fines, forfeitures, penalties, and
1-3 criminal justice fees collected by certain local officers and
1-4 departments.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 42.131, Code of Criminal Procedure, is
1-7 amended by adding Section 15 to read as follows:
1-8 Sec. 15. ADMINISTRATIVE FEE. (a) A department may collect
1-9 money from an individual as ordered by a court served by the
1-10 department regardless of whether the individual is under the
1-11 department's supervision.
1-12 (b) A department that collects money under this section
1-13 shall promptly transfer the money collected to the appropriate
1-14 county or state officer.
1-15 (c) A department may assess a reasonable administrative fee
1-16 on an individual who participates in a department program or
1-17 receives department services and who is not paying a monthly fee
1-18 under Section 19, Article 42.12.
1-19 (d) This section applies only to a county with a population
1-20 of 2.8 million or more.
1-21 SECTION 2. Subchapter C, Chapter 102, Code of Criminal
1-22 Procedure, is amended by adding Article 102.072 to read as follows:
1-23 Art. 102.072. ADMINISTRATIVE FEE. (a) An officer listed in
1-24 Article 103.003 or a community supervision and corrections
2-1 department may assess an administrative fee for each transaction
2-2 made by the officer or department relating to the collection of
2-3 fines, fees, restitution, or other costs imposed by a court. The
2-4 fee may not exceed $2 for each transaction.
2-5 (b) This article applies only to a county with a population
2-6 of 2.8 million or more.
2-7 SECTION 3. Article 103.003, Code of Criminal Procedure, is
2-8 amended to read as follows:
2-9 Art. 103.003. COLLECTION. (a) District and county
2-10 attorneys, clerks of district and county courts, sheriffs,
2-11 constables, and justices of the peace may collect money payable
2-12 under this title.
2-13 (b) A community supervision and corrections department
2-14 serving a county with a population of 2.8 million or more may
2-15 collect money payable under this title and as otherwise provided by
2-16 law.
2-17 SECTION 4. Section 112.051, Local Government Code, is
2-18 amended by amending Subsection (a) and adding Subsection (c) to
2-19 read as follows:
2-20 (a) Except as provided by Subsection (c), the <The> county
2-21 clerk shall keep an account for the county sheriff that charges the
2-22 sheriff with each judgment, fine, forfeiture, or penalty that is
2-23 payable to and rendered in any court of the county and that the
2-24 sheriff is charged by law to collect. The sheriff may discharge
2-25 the liability by producing the county treasurer's receipt that
2-26 shows payment of the judgment, fine, forfeiture, or penalty.
2-27 (c) The sheriff is not liable for a judgment, fine,
3-1 forfeiture, or penalty if the judgment, fine, forfeiture, or
3-2 penalty is collected by:
3-3 (1) a public or private vendor under Article 103.0031,
3-4 Code of Criminal Procedure; or
3-5 (2) the county treasurer or county auditor as required
3-6 by Section 154.011.
3-7 SECTION 5. Section 112.052, Local Government Code, is
3-8 amended by amending Subsection (a) and adding Subsection (c) to
3-9 read as follows:
3-10 (a) Except as provided by Subsection (c), a <A> fine imposed
3-11 or a judgment rendered by a justice of the peace shall be charged
3-12 against that justice.
3-13 (c) The justice is not liable for a fine imposed or judgment
3-14 rendered by the justice if the fine or judgment is collected by:
3-15 (1) a public or private vendor under Article 103.0031,
3-16 Code of Criminal Procedure; or
3-17 (2) the county treasurer or county auditor as required
3-18 by Section 154.011.
3-19 SECTION 6. Section 154.009, Local Government Code, is
3-20 amended to read as follows:
3-21 Sec. 154.009. Effect of Failure to Collect Fee or
3-22 Commission. (a) If, following a hearing, the commissioners court
3-23 finds that a district, county, or precinct officer has, through
3-24 neglect, failed to collect a fee or commission that the officer is
3-25 required by law to collect, the commissioners court shall deduct
3-26 the amount of the fee or commission from the officer's salary.
3-27 Before the 10th day before the date of the hearing, the
4-1 commissioners court shall provide the officer with notice of the
4-2 time and place of the hearing and an itemized statement of the
4-3 uncollected fees to be charged against the officer's salary.
4-4 (b) This section does not apply to a district, county, or
4-5 precinct officer if the county treasurer or county auditor is
4-6 required to collect the fee or commission under Section 154.011.
4-7 SECTION 7. Subchapter A, Chapter 154, Local Government Code,
4-8 is amended by adding Section 154.011 to read as follows:
4-9 Sec. 154.011. COLLECTIONS BY COUNTY TREASURER OR COUNTY
4-10 AUDITOR. (a) If a district, county, or precinct officer consents,
4-11 the commissioners court of a county with a population of 2.8
4-12 million or more may designate the county treasurer, if the county
4-13 treasurer consents, or the county auditor, if the county auditor
4-14 consents, to collect a fee, commission, judgment, fine, forfeiture,
4-15 or penalty on behalf of the district, county, or precinct officer
4-16 who is required by law to collect the fee, commission, judgment,
4-17 fine, forfeiture, or penalty.
4-18 (b) The official designated shall report the collection of a
4-19 fee, commission, judgment, fine, forfeiture, or penalty to the
4-20 district, county, or precinct officer.
4-21 (c) The official designated is solely liable for collecting
4-22 the fee, commission, judgment, fine, forfeiture, or penalty.
4-23 (d) The official designated may discharge liability under
4-24 this section in the same manner provided for a district, county, or
4-25 precinct officer.
4-26 (e) In this section, "county treasurer" includes a person
4-27 performing the duties of the county treasurer and "county auditor"
5-1 includes a person performing the duties of the county auditor.
5-2 SECTION 8. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended,
5-7 and that this Act take effect and be in force from and after its
5-8 passage, and it is so enacted.