1-1 By: Leedom S.B. No. 261 1-2 (In the Senate - Filed January 18, 1995; January 19, 1995, 1-3 read first time and referred to Committee on Intergovernmental 1-4 Relations; February 15, 1995, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 7, Nays 2; 1-6 February 15, 1995, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 261 By: Leedom 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to certain charges in connection with a fine for violation 1-11 of a motor vehicle law. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Title 116, Revised Statutes, is amended by adding 1-14 Article 6701d-28 to read as follows: 1-15 Art. 6701d-28. LOCAL GOVERNMENT EXPENSE IN COLLECTING FINES. 1-16 (a) In this article: 1-17 (1) "Delinquent fine" means a fine that is not paid on 1-18 or before the last date on which payment may be made without 1-19 penalty, as determined by applicable law or court order. 1-20 (2) "Motor vehicle misdemeanor" means a violation, 1-21 punishable as a misdemeanor, of a statute or municipal ordinance 1-22 that regulates: 1-23 (A) parking or stopping of a motor vehicle; 1-24 (B) a driver's conduct or condition while 1-25 operating a motor vehicle; or 1-26 (C) The condition of a motor vehicle while it is 1-27 being operated. 1-28 (b) If the governing body of a municipality or county by an 1-29 affirmative vote recorded in the governing body's minutes approves 1-30 the collection of expenses related to delinquent fines for motor 1-31 vehicle misdemeanors, a person owing a delinquent fine that was 1-32 assessed for a motor vehicle misdemeanor and that has been 1-33 delinquent for 30 days or more is liable to the municipality or 1-34 county for: 1-35 (1) interest on the amount of the delinquent fine at a 1-36 rate of one percent a month for the period beginning on the date 1-37 the fine becomes delinquent and ending on the date the delinquent 1-38 fine is collected; 1-39 (2) attorney's fees in an amount equal to the lesser 1-40 of: 1-41 (A) 20 percent of the amount equal to the sum of 1-42 the fine plus court costs, excluding any warrant fee; or 1-43 (B) $100. 1-44 (c) This article does not apply to expenses that the 1-45 municipality or county collects under other authority. 1-46 SECTION 2. The change in law made by this Act applies only 1-47 to a fine that becomes delinquent on or after the effective date of 1-48 this Act. 1-49 SECTION 3. This Act takes effect September 1, 1995. 1-50 SECTION 4. The importance of this legislation and the 1-51 crowded condition of the calendars in both houses create an 1-52 emergency and an imperative public necessity that the 1-53 constitutional rule requiring bills to be read on three several 1-54 days in each house be suspended, and this rule is hereby suspended. 1-55 * * * * *