By Hilbert H.B. No. 2265
74R4559 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to collection of judgments, fines, forfeitures, and
1-3 penalties collected by district, county, and precinct officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 112.051, Local Government Code, is
1-6 amended by amending Subsection (a) and adding Subsection (c) to
1-7 read as follows:
1-8 (a) Except as provided by Subsection (c), the <The> county
1-9 clerk shall keep an account for the county sheriff that charges the
1-10 sheriff with each judgment, fine, forfeiture, or penalty that is
1-11 payable to and rendered in any court of the county and that the
1-12 sheriff is charged by law to collect. The sheriff may discharge
1-13 the liability by producing the county treasurer's receipt that
1-14 shows payment of the judgment, fine, forfeiture, or penalty.
1-15 (c) The sheriff is not liable for a judgment, fine,
1-16 forfeiture, or penalty if the judgment, fine, forfeiture, or
1-17 penalty is collected by:
1-18 (1) a public or private vendor under Article 103.0031,
1-19 Code of Criminal Procedure; or
1-20 (2) the county treasurer or other person performing
1-21 the duties of the county treasurer as required by Section 154.011.
1-22 SECTION 2. Section 112.052, Local Government Code, is
1-23 amended by amending Subsection (a) and adding Subsection (c) to
1-24 read as follows:
2-1 (a) Except as provided by Subsection (c), a <A> fine imposed
2-2 or a judgment rendered by a justice of the peace shall be charged
2-3 against that justice.
2-4 (c) The justice is not liable for a fine imposed or judgment
2-5 rendered by the justice if the fine or judgment is collected by:
2-6 (1) a public or private vendor under Article 103.0031,
2-7 Code of Criminal Procedure; or
2-8 (2) the county treasurer or other person performing
2-9 the duties of the county treasurer as required by Section 154.011.
2-10 SECTION 3. Section 154.009, Local Government Code, is
2-11 amended to read as follows:
2-12 Sec. 154.009. Effect of Failure to Collect Fee or
2-13 Commission. (a) If, following a hearing, the commissioners court
2-14 finds that a district, county, or precinct officer has, through
2-15 neglect, failed to collect a fee or commission that the officer is
2-16 required by law to collect, the commissioners court shall deduct
2-17 the amount of the fee or commission from the officer's salary.
2-18 Before the 10th day before the date of the hearing, the
2-19 commissioners court shall provide the officer with notice of the
2-20 time and place of the hearing and an itemized statement of the
2-21 uncollected fees to be charged against the officer's salary.
2-22 (b) This section does not apply to a district, county, or
2-23 precinct officer if the county treasurer or other person performing
2-24 the duties of the county treasurer is required to collect the fee
2-25 or commission under Section 154.011.
2-26 SECTION 4. Subchapter A, Chapter 154, Local Government Code,
2-27 is amended by adding Section 154.011 to read as follows:
3-1 Sec. 154.011. COLLECTIONS BY COUNTY TREASURER. (a) If a
3-2 district, county, or precinct officer consents, the commissioners
3-3 court of a county with a population of 2.8 million or more may
3-4 require the county treasurer to collect a fee, commission,
3-5 judgment, fine, forfeiture, or penalty on behalf of the district,
3-6 county, or precinct officer who is required by law to collect the
3-7 fee, commission, judgment, fine, forfeiture, or penalty.
3-8 (b) The county treasurer shall report the collection of a
3-9 fee, commission, judgment, fine, forfeiture, or penalty to the
3-10 district, county, or precinct officer.
3-11 (c) The county treasurer is solely liable for collecting the
3-12 fee, commission, judgment, fine, forfeiture, or penalty.
3-13 (d) The county treasurer may discharge liability under this
3-14 section in the same manner provided for a district, county, or
3-15 precinct officer.
3-16 (e) In this section, "county treasurer" includes a person
3-17 performing the duties of the county treasurer.
3-18 SECTION 5. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.
3-23 COMMITTEE AMENDMENT NO. 1
3-24 Amend H.B. No. 2265 as follows:
3-25 1. On page 3, line 17, after the word "treasurer", strike
3-26 "." and add ", or another district, county or precinct officer
3-27 collecting a fee, commission, judgement, fine, forfeiture, penalty,
4-1 court costs, or other charges on behalf of another county precinct
4-2 officer."
4-3 Hamric