SRC-CDH H.B. 2634 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2634
By: Place (Whitmire)
Criminal Justice
5-10-97
Engrossed


DIGEST 

Currently, the Code of Criminal Procedure states that community
supervision and corrections departments (department) may collect
administrative fees from an individual served by the department regardless
of whether the individual is under the department's supervision.  In
addition, a department may assess a reasonable administrative fee on an
individual who participates in a department program or receives department
services and who is not paying a monthly fee. However, only departments of
counties with a population of 2.8 million or more are allowed to collect
these fees.  H.B. 2634 would allow departments, regardless of county
population, to collect administrative fees.   

PURPOSE

As proposed, H.B. 2634 establishes provisions regarding administrative
fees collected by community supervision and corrections departments. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. (a)  Amends Chapter 76, Government Code, by adding Section
76.015, as follows: 

Sec. 76.015.  ADMINISTRATIVE FEE.  Authorizes a community supervision and
corrections department established under this chapter (department) to
collect money from an individual as ordered by a  court served by the
department regardless of whether the individual is under the department's
supervision.  Requires a department that collects money to promptly
transfer the money collected to the appropriate county or state officer.
Authorizes a department to assess a reasonable administrative fee of not
less than $25 and not more than $40 per month on an individual who
participates in a department program or receives department services and
who is not paying a monthly fee under Section 19, Article 42.12, Code of
Criminal Procedure. 

(b)  Provides that this section conforms Chapter 76, Government Code, to
Section 1, Chapter 217, Acts of the 74th Legislature, Regular Session,
1995. 

(c)  Repealer:  Section 1, Chapter 217, Acts of the 74th Legislature,
Regular Session, 1995 (Administrative Fees). 

(d)  Provides that to the extent of any conflict, this Act prevails over
another Act of the 75th Legislature, Regular Session, 1997, relating to
nonsubstantive additions to and corrections in enacted codes. 

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.