By Alexander                                    H.B. No. 1215

      75R2331 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disposition of administrative fees collected by a

 1-3     justice court in certain traffic cases.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 502.407, Transportation Code, is amended

 1-6     by adding Subsection (d) to read as follows:

 1-7           (d)  A fee assessed by a justice of the peace under

 1-8     Subsection (b)(2) shall be deposited in a special fund in the

 1-9     county treasury that may be used only to defray the expenses of the

1-10     court assessing the fee at the discretion of the justice of the

1-11     peace without the approval of the commissioners court. The fund may

1-12     not be used to supplement the salary of the justice of the peace.

1-13           SECTION 2.  Section 521.026, Transportation Code, is amended

1-14     by adding Subsection (c) to read as follows:

1-15           (c)  A fee assessed by a justice of the peace under

1-16     Subsection (b) shall be deposited in a special fund in the county

1-17     treasury  that may be used only to defray the expenses of the court

1-18     assessing the fee at the discretion of the justice of the peace

1-19     without the approval of the commissioners court. The fund may not

1-20     be used to supplement the salary of the justice of the peace.

1-21           SECTION 3.  Section 543.106(c), Transportation Code, is

1-22     amended to read as follows:

1-23           (c)  Fees collected by a municipal court shall be deposited

1-24     in the municipal treasury. Fees collected by a justice court shall

 2-1     be deposited in a special fund in the county treasury  that may be

 2-2     used only to defray the expenses of the court collecting the fee at

 2-3     the discretion of the justice of the peace without the approval of

 2-4     the commissioners court.  The fund may not be used to supplement

 2-5     the salary of the justice of the peace.  Fees collected by another

 2-6     court shall be deposited in the county treasury of the county in

 2-7     which the court is located.

 2-8           SECTION 4.  Section 548.605, Transportation Code, is amended

 2-9     to read as follows:

2-10           Sec. 548.605.  DISMISSAL OF CHARGE; ADMINISTRATIVE FEE.

2-11     (a)  The court may:

2-12                 (1)  dismiss a charge of driving with an expired

2-13     inspection certificate if the defendant remedies the defect within

2-14     10 working days; and

2-15                 (2)  assess an administrative fee not to exceed $10

2-16     when the charge of driving with an expired inspection certificate

2-17     has been remedied.

2-18           (b)  A fee assessed by a justice of the peace under

2-19     Subsection (a)(2) shall be deposited in a special fund in the

2-20     county treasury that may be used only to defray the expenses of the

2-21     court assessing the fee at the discretion of the justice of the

2-22     peace without the approval of the commissioners court. The fund may

2-23     not be used to supplement the salary of the justice of the peace.

2-24           SECTION 5.  This Act takes effect September 1, 1997, and

2-25     applies only to the disposition of a fee assessed on or after that

2-26     date.

2-27           SECTION 6.  The importance of this legislation and the

 3-1     crowded condition of the calendars in both houses create an

 3-2     emergency and an imperative public necessity that the

 3-3     constitutional rule requiring bills to be read on three several

 3-4     days in each house be suspended, and this rule is hereby suspended.