HBA-ATS, LCA H.B. 3173 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3173 By: Hartnett Judicial Affairs 6/21/1999 Enrolled BACKGROUND AND PURPOSE In 1996, the attorney general issued an opinion (Op. No. DM-396) requiring a justice of the peace (JP), under the Code of Criminal Procedure, to immediately deposit with a county treasurer all funds collected for a county in that county's treasury. In large, sparsely populated counties, this requirement may be impracticable. Nevertheless, a JP's failure to immediately deposit such money may be construed as grounds for dismissal. To ensure that a JP has adequate time to make a deposit, H.B. 3173 amends Chapter 103 (Collection and Recordkeeping), Code of Criminal Procedure, to require an officer, including a JP, authorized to collect certain fines, fees, and other monies on behalf of the state (money) to deposit such money in the county treasury not later than the next business day after its collection. However, this bill provides that, if immediate deposit is not practicable, an officer is required to deposit the money in the county treasury as soon as possible, but not later than the third regular business day after the money is collected. To provide for a county that covers a large area but has a small population, this bill authorizes the commissioners court of a county with a population of less than 50,000 to authorize an officer to deposit money in the county treasury not later than the 30th day after its collection. In other circumstances, the county commissioners court is authorized to authorize an officer to deposit the money in the county treasury by the seventh regular business day after the money is collected. 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 Article 103.004, Code of Criminal Procedure, as follows: Art. 103.004. DISPOSITION OF COLLECTED MONEY. (a) Requires an officer who collects recognizances, bail bonds, fines, forfeitures, judgments, jury fees, and other obligations recovered in the name of the state (money) to deposit the money in the county treasury not later than the next regular business day, rather than immediately, except as provided by Subsections (b) and (c). Requires the officer, if meeting that deadline is not practicable, to deposit the money as soon as possible, but not later than the third regular business day after the money is collected. (b) Authorizes the county commissioners court to authorize an officer to deposit the money in the county treasury by the seventh regular business day after the money is collected. (c) Authorizes the commissioners court of a county with less than 50,000 inhabitants to authorize an officer to deposit the money not later than 30 days after collection. (d) Makes a nonsubstantive change. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.