SRC-JJJ C.S.S.B. 229 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 229
76R9223 DB-DBy: Ellis
Jurisprudence
3/23/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law requires a $25 time payment fee to be collected from
persons convicted in municipal and county criminal courts but who do not
pay certain fines immediately.  Questions from courts have arisen regarding
the application of the fee.  C.S.S.B. 229 clarifies the method and
timeliness involved in the collection of certain fines, court costs, and
restitution in criminal cases. 

PURPOSE

As proposed, C.S.S.B. 229 requires the collection of certain fines, court
costs, and restitution in criminal cases. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.921, Government Code, by amending Subsections
(a), (c), and (d) and adding Subsection (f), to require the clerk of
certain courts, to collect a $25 fee, from a person who seeks to pay any
part of a fine, court cost, or restitution on or after the 31st day after
the date on which a judgment is entered assessing the fine, court costs, or
restitution.  Requires 50 percent of the fees collected under this Section
to be sent to the comptroller at least as frequently as the last day of the
first month following each calendar quarter, rather than monthly.  Requires
the Office of Court Administration of the Texas Judicial System to develop
recommendations for the expenditure of fees under this section.  Requires
the county or municipality to prioritize the needs of the judicial officer
who collected the fees when making the expenditures.  Authorizes the
comptroller to audit the records of a county or municipality relating to
fees collected under this section.  Deletes text regarding a county court
at law.  Deletes text regarding the payment of certain court costs and for
a fee that is in a case the court has deferred over a period of time rather
than immediately.  Makes conforming and nonsubstantive changes. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 51.921, Government Code, to require a $25 fee from a person
who meets certain requirements. Authorizes the comptroller to audit the
records of a county or municipality relating to fees collected under this
section.  Deletes provisions regarding extension of time to pay certain
fines, court costs, and restitution payments.  Makes nonsubstantive
changes.