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.