SRC-HRD H.B. 2272 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2272
By: Thompson (Armbrister)
Jurisprudence
5-14-97
Engrossed


DIGEST 

Currently, municipal courts in Texas collect a wide variety of fees for
state funds. These funds range from the Criminal Justice Planning Fund to
the Compensation to Victims of Crime Fund. In most cases, the fees are
imposed on a person convicted of any criminal offense and range from $1 to
$100. For most of these collection efforts, cities are allowed to keep
some of the fine money and some or all of the interest earned as a
reimbursement for costs incurred to collect the fees and remit them to the
state. 

There are concerns that state court costs are complicated to administer
and thus adversely impact municipal courts. This bill would simplify the
procedures through which state fees are collected in municipal court by
consolidating the majority of fees into one charge. The city would be
required to remit the funds to the comptroller, who would in turn allocate
the money to the appropriate funds. The city would be allowed to retain
the same percentage as is allowed under current law as a service fee. The
percentage amounts in the bill that would be distributed to the various
funds are based upon each fund's current share. 

PURPOSE

As proposed, H.B. 2272 simplifies the procedures through which state fees
from criminal court cases are collected in municipal, justice, county, and
district courts by consolidating the majority of fees into one charge.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 102.013, Code of Criminal Procedure, to delete
existing Subsections (a)-(f) regarding court costs.  Deletes text
providing that all funds collected under Subsection (a) of this article
are subject to audit by the comptroller.  Makes conforming changes. 

SECTION 2. Amends Article 102.016, Code of Criminal Procedure, to delete
existing Subsections (a)-(e) regarding costs of breath alcohol testing.
Deletes Subsection (g) regarding the custodian of a municipal or county
treasury in a county that uses the services of a certified technical
supervisor employed by the Department of Public Safety (department) for
the administration of a certified alcohol testing program.  Authorizes the
custodian of a municipal or county treasury in a county that maintains a
certified breath alcohol testing program but does not use the services of
a certified technical supervisor employed by the department to retain
$22.50 of each court cost collected under Article 102.075 on conviction of
an offense under certain codes, rather than requiring the custodian to
remit $7.50 of each cost collected under this article to the comptroller
and retain $22.50.  Deletes text requiring the comptroller to deposit all
funds received under this article to the credit of the general revenue
fund.  Authorizes the legislature to appropriate money deposited to the
credit of the breath alcohol testing account in the general revenue fund
under this subsection to the Department of Public Safety for certain uses.
Makes conforming changes. 

SECTION 3. Amends Chapter 102C, Code of Criminal Procedure, by adding
Article 102.075, as follows: 
 
Art. 102.075.  COURT COSTS FOR SPECIAL SERVICES.  (a) Sets forth required
payments for a person convicted of an offense, except as provided by
Subsection (b).   

(b) Provides that Subsection (a) does not apply to a person convicted
under Title 7C, Transportation Code, if the person is convicted of a
provision of that subtitle regulating pedestrians or the parking of a
motor vehicle.   

(c) Requires an officer collecting a cost due under this article in a case
in municipal court to keep separate records of the money collected and to
deposit the money in the county treasury.   

(d) Requires an officer collecting a cost due under this article in a
justice, county, or district court, to keep separate records of the money
collected and to deposit the money in the county treasury. 

(e) Requires an officer collecting a cost due under this article to file
the report required by Article 103.005.  Requires, if no money due as a
cost under this article is collected in any quarter, the report required
for that quarter to be filed in the regular manner, and requires the
report to state that no money under this article was collected.   

(f) Authorizes the custodian of money in a municipal or county treasury to
deposit money collected under this article in an interest-bearing account.
Sets forth certain requirements for the custodian.  

(g) Authorizes a municipality or county to retain 10 percent of the money
collected under this article as a service fee for the collection.
Authorizes the municipality or county to retain any interest accrued on
the money under certain conditions.   

(h) Requires the comptroller to deposit money received under this article
to the credit of the certain accounts in the general revenue fund
according to certain specified percentages.   

(i) Sets forth requirements regarding each dollar credited to the law
enforcement officers standards and education account under Subsection (h).

(j) Provides that money collected under this article is subject to audit
by the comptroller. Provides that money spent is subject to audit by the
state auditor.    

(k) Provides that except for a conviction in a municipal court or as
otherwise provided by this article, Chapter 103 applies to the collection
of a cost under this article.   

(l)  Sets forth provisions in this article regarding certain court costs
and convictions. 

SECTION 4. Repealer:  Articles 37.072, 102.015, 102.051-102.055. and
Chapter 102D, Code of Criminal Procedure; and Section 601.192,
Transportation Code, and Sections 415.082 and 415.083, Government Code. 

SECTION 5. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 6. Emergency clause.