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.
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