1-1     By:  Ellis, Ratliff                                    S.B. No. 229
 1-2           (In the Senate - Filed January 22, 1999; January 28, 1999,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     March 25, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 3, Nays 0; March 25, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 229                    By:  Ellis
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the collection of certain fines, court costs, and
1-11     restitution in criminal cases.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 51.921, Government Code, is amended by
1-14     amending Subsections (a), (c), and (d) and adding Subsection (f) to
1-15     read as follows:
1-16           (a)  In addition to other fees authorized or required by law,
1-17     the clerk of each district court, statutory county court, county
1-18     court [at law], justice court, and municipal court shall collect a
1-19     fee of $25 from a person who:
1-20                 (1)  has been convicted of a felony or misdemeanor; and
1-21                 (2)  pays any part of a [has been ordered to pay a
1-22     fine, court costs, or restitution by the court; and]
1-23                 [(3)  seeks to pay the] fine, court costs, or
1-24     restitution on or after the 31st day after the date on which a
1-25     judgment is entered assessing the fine, court costs, or restitution
1-26     [over a period of time rather than immediately].
1-27           (c)  The custodian of the county or municipal treasury, as
1-28     appropriate, shall keep a record of the amount of money on deposit
1-29     collected under this section and shall send 50 percent of the fees
1-30     collected under this section to the comptroller at least as
1-31     frequently as the last day of the first month following each
1-32     calendar quarter [monthly].  The comptroller shall deposit the fees
1-33     received to the credit of the general revenue fund.
1-34           (d)  The custodian of the county or municipal treasury, as
1-35     appropriate, shall deposit 10 percent of the fees collected under
1-36     this section in the general fund of the county or municipality for
1-37     the purpose of improving the efficiency of the administration of
1-38     justice in the county or municipality. The Office of Court
1-39     Administration of the Texas Judicial System shall develop
1-40     recommendations for the expenditure of fees under this subsection.
1-41     The county or municipality shall prioritize the needs of the
1-42     judicial officer who collected the fees when making expenditures
1-43     under this subsection.
1-44           (f)  The comptroller may audit the records of a county or
1-45     municipality relating to fees collected under this section.
1-46           SECTION 2.  (a)  This Act takes effect September 1, 1999.
1-47           (b)  Section 51.921, Government Code, as amended by this Act,
1-48     applies only to an offense committed on or after September 1, 1999.
1-49     An offense committed before the effective date of this Act is
1-50     covered by the law in effect when the offense was committed, and
1-51     the former law is continued in effect for that purpose.
1-52           SECTION 3.  The importance of this legislation and the
1-53     crowded condition of the calendars in both houses create an
1-54     emergency and an imperative public necessity that the
1-55     constitutional rule requiring bills to be read on three several
1-56     days in each house be suspended, and this rule is hereby suspended.
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