1-1 By: Hilbert (Senate Sponsor - Henderson) H.B. No. 2265
1-2 (In the Senate - Received from the House April 18, 1995;
1-3 April 19, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 3, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 May 3, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2265 By: Henderson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the judgments, fines, forfeitures, penalties, and
1-11 criminal justice fees collected by certain local officers and
1-12 departments.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Article 42.131, Code of Criminal Procedure, is
1-15 amended by adding Section 15 to read as follows:
1-16 Sec. 15. ADMINISTRATIVE FEE. (a) A department may collect
1-17 money from an individual as ordered by a court served by the
1-18 department regardless of whether the individual is under the
1-19 department's supervision.
1-20 (b) A department that collects money under this section
1-21 shall promptly transfer the money collected to the appropriate
1-22 county or state officer.
1-23 (c) A department may assess a reasonable administrative fee
1-24 on an individual who participates in a department program or
1-25 receives department services and who is not paying a monthly fee
1-26 under Section 19, Article 42.12.
1-27 (d) This section applies only to a county with a population
1-28 of 2.8 million or more.
1-29 SECTION 2. Subchapter C, Chapter 102, Code of Criminal
1-30 Procedure, is amended by adding Article 102.072 to read as follows:
1-31 Art. 102.072. ADMINISTRATIVE FEE. (a) An officer listed in
1-32 Article 103.003 or a community supervision and corrections
1-33 department may assess an administrative fee for each transaction
1-34 made by the officer or department relating to the collection of
1-35 fines, fees, restitution, or other costs imposed by a court. The
1-36 fee may not exceed $2 for each transaction.
1-37 (b) This article applies only to a county with a population
1-38 of 2.8 million or more.
1-39 SECTION 3. Article 103.003, Code of Criminal Procedure, is
1-40 amended to read as follows:
1-41 Art. 103.003. COLLECTION. (a) District and county
1-42 attorneys, clerks of district and county courts, sheriffs,
1-43 constables, and justices of the peace may collect money payable
1-44 under this title.
1-45 (b) A community supervision and corrections department
1-46 serving a county with a population of 2.8 million or more may
1-47 collect money payable under this title and as otherwise provided by
1-48 law.
1-49 SECTION 4. Section 112.051, Local Government Code, is
1-50 amended by amending Subsection (a) and adding Subsection (c) to
1-51 read as follows:
1-52 (a) Except as provided by Subsection (c), the <The> county
1-53 clerk shall keep an account for the county sheriff that charges the
1-54 sheriff with each judgment, fine, forfeiture, or penalty that is
1-55 payable to and rendered in any court of the county and that the
1-56 sheriff is charged by law to collect. The sheriff may discharge
1-57 the liability by producing the county treasurer's receipt that
1-58 shows payment of the judgment, fine, forfeiture, or penalty.
1-59 (c) The sheriff is not liable for a judgment, fine,
1-60 forfeiture, or penalty if the judgment, fine, forfeiture, or
1-61 penalty is collected by:
1-62 (1) a public or private vendor under Article 103.0031,
1-63 Code of Criminal Procedure; or
1-64 (2) the county treasurer or county auditor as required
1-65 by Section 154.011.
1-66 SECTION 5. Section 112.052, Local Government Code, is
1-67 amended by amending Subsection (a) and adding Subsection (c) to
1-68 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 county auditor as required
2-9 by Section 154.011.
2-10 SECTION 6. 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 county auditor is
2-24 required to collect the fee or commission under Section 154.011.
2-25 SECTION 7. Subchapter A, Chapter 154, Local Government Code,
2-26 is amended by adding Section 154.011 to read as follows:
2-27 Sec. 154.011. COLLECTIONS BY COUNTY TREASURER OR COUNTY
2-28 AUDITOR. (a) If a district, county, or precinct officer consents,
2-29 the commissioners court of a county with a population of 2.8
2-30 million or more may designate the county treasurer, if the county
2-31 treasurer consents, or the county auditor, if the county auditor
2-32 consents, to collect a fee, commission, judgment, fine, forfeiture,
2-33 or penalty on behalf of the district, county, or precinct officer
2-34 who is required by law to collect the fee, commission, judgment,
2-35 fine, forfeiture, or penalty.
2-36 (b) The official designated shall report the collection of a
2-37 fee, commission, judgment, fine, forfeiture, or penalty to the
2-38 district, county, or precinct officer.
2-39 (c) The official designated is solely liable for collecting
2-40 the fee, commission, judgment, fine, forfeiture, or penalty.
2-41 (d) The official designated may discharge liability under
2-42 this section in the same manner provided for a district, county, or
2-43 precinct officer.
2-44 (e) In this section, "county treasurer" includes a person
2-45 performing the duties of the county treasurer and "county auditor"
2-46 includes a person performing the duties of the county auditor.
2-47 SECTION 8. The importance of this legislation and the
2-48 crowded condition of the calendars in both houses create an
2-49 emergency and an imperative public necessity that the
2-50 constitutional rule requiring bills to be read on three several
2-51 days in each house be suspended, and this rule is hereby suspended,
2-52 and that this Act take effect and be in force from and after its
2-53 passage, and it is so enacted.
2-54 * * * * *