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.