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.