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.
1-57 * * * * *