AEZ C.S.H.B. 2272 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 2272
By: Thompson
4-30-97
Committee Report (Substituted)


BACKGROUND 

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

HB 2272, as proposed, would simplify the procedures through which state
fees from criminal courts cases are collected in municipal, justice,
county, and district courts by consolidating the majority of fees into one
charge. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 102.013, Code of Criminal Procedure, as follows:
 Art. 102.013. New heading: CRIME STOPPERS ASSISTANCE ACCOUNT. Deletes
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) and (g). Provides that the custodian of a municipal or
county treasury in a county treasury, in a county that meets certain
qualifications, may, to defray the costs of maintaining and supporting a
certified alcohol breath testing program, retain $22.50 of each court cost
collected under Article 102.075 on conviction of a specific offense.
Deletes text requiring the custodian to remit $7.50 of each cost collected
under this article to the comptroller, and retain $22.50 of the cost.
Deletes a provision 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
chapter to the Department of Public Safety for use by the Department of
Public Safety in the implementation, administration, and maintenance of
the statewide certified breath alcohol testing program. 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. Requires, except as
provided by Subsection (b), a person convicted of an offense to pay, in
addition to all other costs, certain specific costs depending upon the
offense for which the person is convicted. Provides that Subsection (a)
does not apply to a person convicted under Title 7C, Transportation Code,
under certain conditions. Sets forth requirements for an officer
collecting a cost due under this article. 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. Sets forth provisions regarding the money
collected under this chapter for a municipality or county. Requires the
comptroller to deposit money received under this article to the credit of
certain accounts in the general revenue fund according to certain
specified percentages. Sets forth requirements regarding each dollar
credited to the law enforcement officers standards and education account
under Subsection (h). 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. 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. Provides that in
this article court costs are due from the person regardless of whether the
person submitted a specimen of breath or blood for analysis. Provides that
in this article a person is considered to have been convicted in a case
under certain conditions. 


SECTION 4.
Repeals: (1) Article 37.072, Code of Criminal Procedure (Fee on Conviction
of Certain Sexual Offenses - The Verdict). 
(2) Articles 56.55 and 55.56, Code of Criminal Procedure (Court Costs,
Deposits and Remittances of Court Courts - Rights of Crime Victims). 
(3) Article 102.015, Code of Criminal Procedure (Misdemeanor Costs - Costs
Paid by Defendants). 
(4) Articles 102.051, 102.052, 102.053, 102.054 and 102.055, Code of
Criminal Procedure (Misdemeanor and Felony Costs, Record of Collection,
Reports Required, Transfer of Funds to Comptroller, Special Fund - Costs
Paid by Defendants). 
(5) Chapter 102D, Code of Criminal Procedure (Comprehensive Rehabilitation
Fund). 
(6) Section 601.192 (Court Costs - Failure to Maintain Motor Vehicle
Liability Insurance), Transportation Code. 
(7) Sections 415.082 and 415.083, Government Code (Court Costs - Officer
Standards and Education). 


SECTION 5. Effective date: January 1, 1997.  The change in law made by
this Act applies only to a court cost imposed on conviction of an offense
committed on or after the effective date of this Act. 

SECTION 6. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill included the crime victim's fund to receive deposits
from new article 102.075.  The substituted deleted the crime victim's fund
and readjusted the percentages of the other funds.  The substitute also
readjusted the court costs for special services.