By Reyna H.B. No. 2848 74R7220 DWS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain charges in connection with a fine for a 1-3 misdemeanor. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 116, Revised Statutes, is amended by adding 1-6 Article 6701d-28 to read as follows: 1-7 Art. 6701d-28. LOCAL GOVERNMENT EXPENSE IN COLLECTING FINES. 1-8 (a) In this article "delinquent fine" means a fine that is not 1-9 paid on or before the last date on which payment may be made 1-10 without penalty, as determined by applicable law or court order. 1-11 (b) If a municipality or county collects a delinquent fine 1-12 for an offense punishable as a misdemeanor following an affirmative 1-13 vote by the governing body of the municipality or county, recorded 1-14 in the governing body's minutes, specifically approving the 1-15 collection of that fine, the person owing the delinquent fine is 1-16 liable to the municipality or county for: 1-17 (1) interest on the amount of the delinquent fine at a 1-18 rate of one percent a month for the period beginning on the date 1-19 the fine becomes delinquent and ending on the date the delinquent 1-20 fine is collected; 1-21 (2) attorney's fees in an amount equal to the lesser 1-22 of: 1-23 (A) 20 percent of the amount equal to the sum of 1-24 the fine plus court costs, excluding any warrant fee; or 2-1 (B) $100; and 2-2 (3) any other expenses incurred by the municipality or 2-3 county in the collection of the delinquent fine. 2-4 (c) This article does not apply to expenses that the 2-5 municipality or county collects under other authority. 2-6 SECTION 2. The change in law made by this Act applies only 2-7 to a fine that becomes delinquent on or after the effective date of 2-8 this Act. 2-9 SECTION 3. This Act takes effect September 1, 1995. 2-10 SECTION 4. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended.