HBA-DMD H.B. 928 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 928
By: Junell
Judicial Affairs
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

The county court system in Texas collects and sends to the state portions
of fines and fees levied for use by the state in financing the court system
and the state. Currently, county judge's salaries are set by local counties
and are supplemented $5,000 by signing an affidavit affirming that 40
percent of the judge's functions are judicial in nature. With this
supplement, a county judge's salary is still lower than that of a district
judge, even though the workload is comparable to that of a district judge.  

H.B. 928 entitles a county judge to a $10,000 annual salary supplement from
the state if at least 40 percent of the functions that a county judge
performs are judicial. This bill requires the state to compensate annually
each county that collects the additional fees and costs in the amount of
$5,000, provided that the county judge is entitled to a $10,000 annual
salary supplement. It also requires the comptroller to determine the amount
paid to the counties and the amount deposited in the judicial fund from the
additional fees and costs that counties collect.  This bill requires the
state, if the total amount of additional fees and costs collected exceeds
the amount of money that was paid to the counties, to remit the excess
monies to the counties proportionately based on the percentage of the total
paid by each county. H.B. 928 requires the clerk of a county court to
collect a $40 filing fee, in addition to all other fees authorized or
required by law, in each civil case filed in the court to be used for
court-related purposes for the support of the judiciary, with an exception.
This bill also requires a person to pay a $15 court cost upon conviction of
any criminal offense in a county court. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 26.006(a), Government Code, to entitle a county
judge to a $10,000 annual salary supplement from the state if at least 40
percent of the functions that a county judge performs are judicial
functions, provided that the county collects additional fees and costs
under Section 51.703.  Makes conforming changes. 

SECTION 2.  Amends Subchapter A, Chapter 26, Government Code, by adding
Sections 26.007 and 26.008, as follows: 

Sec. 26.007.  STATE CONTRIBUTION.  (a) Requires the state to compensate
annually, beginning on the first day of the state fiscal year, each county
that collects the additional fees and costs under Section 51.703 in the
amount of $5,000, provided that the county judge is entitled to a $10,000
annual salary supplement.  Requires the amount be paid to the county's
salary fund in equal monthly installments from funds appropriated from the
judicial fund. 

Sec. 26.008.  EXCESS CONTRIBUTIONS.  (a) Requires the comptroller, at the
end of each state fiscal year, to determine the amount paid to the counties
under Section 26.007 and the amount deposited in the judicial fund from the
additional fees and costs that counties collect. Requires the state, if the
total amount of additional fees and costs collected exceeds the amount of
money that was paid to the counties, to remit the excess monies to the
counties proportionately based on the percentage of the total paid by each
county. 
 
(b) Requires the amount that the state remits to the county be placed in
the county's general fund to be used exclusively for court-related purposes
for the support of the judiciary as provided by Section 21.006. 

(c) Requires the comptroller, in determining the amount deposited in the
judicial fund under Section 51.703 for a county that collects fees and
costs as provided by that section, to credit $40 of each fee deposited in
the judicial fund under Section 51.701 by that county for cases assigned to
a county court as fees deposited under Section 51.703. 

SECTION 3.  Amends the heading to Section 51.702, Government Code, as
follows: 

Sec. 51.702.  New Title:  ADDITIONAL FEES AND COSTS IN CERTAIN STATUTORY
COUNTY COURTS.  Adds "statutory" to existing title. 

SECTION 4.  Amends Subchapter H, Chapter 51, Government Code, by adding
Section 51.703, as follows: 

Sec. 51.703.  ADDITIONAL FEES AND COSTS IN CERTAIN COUNTY COURTS. Requires
the clerk of a county court to collect a $40 filing fee, in addition to all
other fees authorized or required by law, in each civil case filed in the
court to be used for court-related purposes for the support of the
judiciary, except as provided by Subsection (g).   

(b) Requires a person to pay a $15 court cost upon conviction of any
criminal offense in a county court, including cases in which probation or
deferred adjudication is granted, in addition to other court costs, and for
a conviction under Chapter 521, Transportation Code (Driver's Licenses and
Certificates) or a conviction under Subtitle C, Title 7, Transportation
Code (Rules of the Road) but does not include a conviction under any law
that regulates pedestrians or the parking of motor vehicles. 

(c) Requires court costs and fees due under this section to be collected in
the same manner as other fees, fines, or costs are collected in the case. 

(d) Requires the clerk to send the fees and costs collected at least
monthly to the comptroller, who is required to deposit the fees in the
judicial fund. 

(e) Sets forth that Section 51.320 (Bill for Services) applies to a fee or
cost collected under this section. 

(f) Sets forth that this section applies only to fees and costs for a
12-month period beginning July 1 in a county in which the commissioners
court adopts a resolution authorizing fees and costs under this section and
files the resolution with the comptroller no later than June 1 immediately
preceding the first 12-month period in which the fees and costs are to be
collected. 

(g) Provides that a resolution under Subsection (f) continues from year to
year allowing the county to collect fees and costs under the terms of this
section until the resolution is rescinded. 

(h) Provides that a commissioners court that desires to rescind a
resolution adopted under Subsection (f) must submit a resolution stating
that desire to the comptroller no later than June 1 prior to the first day
of the state fiscal year in which the commissioners court desires to
rescind the resolution. 

(i) Authorizes a county not eligible to participate under Subsection (f) on
July 1 of a year but eligible to participate later in the year to submit a
resolution to the comptroller that meets the requirements of Subsection
(f).  Requires the comptroller to determine the date the county is
authorized to begin collecting fees and costs under this section.  Provides
that a county that begins collecting fees and costs after July 1 is not
eligible for a payment  by the comptroller under Section 26.007 until 60
days after the comptroller determines that the county is authorized to
begin collecting fees and costs under this section. 

(j) Prohibits a clerk from collecting a fee under this section and under
Section 51.701. 

SECTION 5.Makes application of Section 51.703, Government Code, of this Act
prospective. 

SECTION 6.Emergency clause.
  Effective date: upon passage.