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                               * * * * *