By Leedom                                              S.B. No. 261
       74R3312 DWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain charges in connection with a fine for violation
    1-3  of a motor vehicle law.
    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:
    1-9              (1)  "Delinquent fine" means a fine that is not paid on
   1-10  or before the last date on which payment may be made without
   1-11  penalty, as determined by applicable law or court order.
   1-12              (2)  "Motor vehicle misdemeanor" means a violation,
   1-13  punishable as a misdemeanor, of a statute or municipal ordinance
   1-14  that regulates:
   1-15                    (A)  parking or stopping of a motor vehicle;
   1-16                    (B)  a driver's conduct or condition while
   1-17  operating a motor vehicle; or
   1-18                    (C)  the condition of a motor vehicle while it is
   1-19  being operated.
   1-20        (b)  If a municipality or county collects a delinquent fine
   1-21  for a motor vehicle misdemeanor following an affirmative vote by
   1-22  the governing body of the municipality or county, recorded in the
   1-23  governing body's minutes, specifically approving the collection of
   1-24  that fine, the person owing the delinquent fine is liable to the
    2-1  municipality or county for:
    2-2              (1)  interest on the amount of the delinquent fine at a
    2-3  rate of one percent a month for the period beginning on the date
    2-4  the fine becomes delinquent and ending on the date the delinquent
    2-5  fine is collected;
    2-6              (2)  attorney's fees in an amount equal to the lesser
    2-7  of:
    2-8                    (A)  20 percent of the amount equal to the sum of
    2-9  the fine plus court costs, excluding any warrant fee; or
   2-10                    (B)  $100; and
   2-11              (3)  any other expenses incurred by the municipality or
   2-12  county in the collection of the delinquent fine.
   2-13        (c)  This article does not apply to expenses that the
   2-14  municipality or county collects under other authority.
   2-15        SECTION 2.  The change in law made by this Act applies only
   2-16  to a fine that becomes delinquent on or after the effective date of
   2-17  this Act.
   2-18        SECTION 3.  This Act takes effect September 1, 1995.
   2-19        SECTION 4.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.