HBA-LCA H.B. 3173 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3173 By: Hartnett Judicial Affairs 4/8/1999 Introduced 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 the county. That opinion also states that the Code of Criminal Procedure does not permit a JP to deposit monies collected in an account other than an account at a bank under contract with the county treasurer. As a result, the failure of a JP to immediately deposit all funds collected constitutes official misconduct, and is grounds for removal from office or other disciplinary action by the Commission on Judicial Conduct. H.B. 3173 amends Chapter 103, Code of Criminal Procedure (Collection and Recordkeeping), to provide that a JP collecting certain fines, fees, and other monies on behalf of the state may deposit those monies into a temporary holding account, and that a JP may take up to seven days, or 30 days in counties with a population of less than 50,000, to deposit funds with a county treasurer, without being subject to dismissal. 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 a justice of the peace (JP) who collects recognizances, bail bonds, fines, forfeitures, judgments, jury fees, and other obligations recovered in the name of the state to deposit the funds with the county treasurer within one business day, rather than immediately. Provides that, if the nextbusiness-day deadline is not met, the JP must deposit the funds on or before the seventh business day after receiving the funds. Provides that, in a county with less than 50,000 inhabitants, a commissioners court may extend the period during which a JP may deposit funds for up to 30 days. (b) Provides that a JP receiving funds under Subsection (a) may temporarily deposit the funds in a holding account. Provides that depositing funds into the holding account is not grounds for dismissal. (c) Created from existing text. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.