By Ellis S.B. No. 233
76R1349 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a certification program for criminal
1-3 court cost and fee collection programs and to the percentage of
1-4 certain criminal court costs and fees retained by a county or
1-5 municipality.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article 56.56, Code of Criminal Procedure, is
1-8 amended by adding Subsection (e) to read as follows:
1-9 (e) A municipality or county that retains a percentage of
1-10 funds under Subsection (c) may retain as a collection fee the
1-11 following additional percentages of the funds collected under
1-12 Article 56.55 if the municipality or county uses a court cost and
1-13 fee collection program certified by the comptroller under
1-14 Subchapter D, Chapter 102:
1-15 (1) 1.25 percent beginning September 1, 2000;
1-16 (2) 2.50 percent beginning September 1, 2001;
1-17 (3) 3.75 percent beginning September 1, 2002; and
1-18 (4) five percent beginning September 1, 2003.
1-19 SECTION 2. Article 102.019, Code of Criminal Procedure, is
1-20 amended by adding Subsection (j) to read as follows:
1-21 (j) A county or municipality that retains a percentage of
1-22 funds under Subsection (f) may retain as a collection fee the
1-23 following additional percentages of the funds collected under this
1-24 article if the county or municipality uses a court cost and fee
2-1 collection program certified by the comptroller under Subchapter D:
2-2 (1) 1.25 percent beginning September 1, 2000;
2-3 (2) 2.50 percent beginning September 1, 2001;
2-4 (3) 3.75 percent beginning September 1, 2002; and
2-5 (4) five percent beginning September 1, 2003.
2-6 SECTION 3. Article 102.075, Code of Criminal Procedure, is
2-7 amended by adding Subsection (n) to read as follows:
2-8 (n) A municipality or county that retains a percentage of
2-9 money under Subsection (g) may retain as a service fee the
2-10 following additional percentages of the money collected under this
2-11 article if the municipality or county uses a court cost and fee
2-12 collection program certified by the comptroller under Subchapter D:
2-13 (1) 1.25 percent beginning September 1, 2000;
2-14 (2) 2.50 percent beginning September 1, 2001;
2-15 (3) 3.75 percent beginning September 1, 2002; and
2-16 (4) five percent beginning September 1, 2003.
2-17 SECTION 4. Chapter 102, Code of Criminal Procedure, is
2-18 amended by adding Subchapter D to read as follows:
2-19 SUBCHAPTER D. CERTIFICATION OF COURT COST AND FEE COLLECTION
2-20 PROGRAMS
2-21 Art. 102.081. DEFINITIONS. In this article:
2-22 (1) "Collection program" means a program used to
2-23 collect criminal court costs and fees.
2-24 (2) "Office of court administration" means the Office
2-25 of Court Administration of the Texas Judicial System.
2-26 Art. 102.082. PERFORMANCE MEASURES. The comptroller, in
2-27 cooperation with the office of court administration, shall develop
3-1 performance measures relating to the effective administration of a
3-2 county or municipal collection program.
3-3 Art. 102.083. ADMINISTRATION. The comptroller shall
3-4 administer the certification program under this subchapter.
3-5 Art. 102.084. CERTIFICATION PROGRAM; APPLICATION. (a) A
3-6 county or municipality may apply to the comptroller, in the manner
3-7 provided by the comptroller, for certification of a collection
3-8 program used by the county or municipality.
3-9 (b) Not later than the 120th day after the date that the
3-10 comptroller receives an application for certification under
3-11 Subsection (a), the comptroller shall determine if the collection
3-12 program that is the subject of the application complies with the
3-13 performance measures developed under Article 102.082.
3-14 (c) If the comptroller determines that a collection program
3-15 complies with the performance measures developed under Article
3-16 102.082, the comptroller shall certify the collection program.
3-17 Art. 102.085. EXPIRATION AND RENEWAL. (a) A certification
3-18 of a collection program under this subchapter expires on the first
3-19 anniversary of the date of certification.
3-20 (b) Before the expiration of a certification as provided by
3-21 Subsection (a), the comptroller shall renew the certification if
3-22 the comptroller determines that the collection program complies
3-23 with the performance measures developed under Article 102.082. A
3-24 renewal of a certification expires on the first anniversary of the
3-25 renewal date in the same manner as an original certification
3-26 expires under Subsection (a).
3-27 Art. 102.086. BIENNIAL REPORT TO LEGISLATURE REQUIRED. Not
4-1 later than December 31 before each regular session of the
4-2 legislature, the office of court administration shall report to the
4-3 legislature on the certification program administered by the
4-4 comptroller under this subchapter. A report required under this
4-5 subsection must include a list of each county and municipality that
4-6 uses a collection program certified by the comptroller under this
4-7 subchapter.
4-8 SECTION 5. Section 56.001, Government Code, is amended by
4-9 adding Subsection (j) to read as follows:
4-10 (j) A municipality or county that retains a percentage of
4-11 funds under Subsection (g) may retain as a collection fee the
4-12 following additional percentages of the funds collected under this
4-13 section if the municipality or county uses a court cost and fee
4-14 collection program certified by the comptroller under Subchapter D,
4-15 Chapter 102, Code of Criminal Procedure:
4-16 (1) 1.25 percent beginning September 1, 2000;
4-17 (2) 2.50 percent beginning September 1, 2001;
4-18 (3) 3.75 percent beginning September 1, 2002; and
4-19 (4) five percent beginning September 1, 2003.
4-20 SECTION 6. Not later than January 1, 2000, the comptroller
4-21 shall:
4-22 (1) in cooperation with the Office of Court
4-23 Administration of the Texas Judicial System develop performance
4-24 measures relating to the effective administration of a county or
4-25 municipal criminal court cost and fee collection program, as
4-26 required by Article 102.082, Code of Criminal Procedure, as added
4-27 by this Act; and
5-1 (2) adopt a procedure by which a county or
5-2 municipality may apply to the comptroller for certification of a
5-3 court cost and fee collection program under Article 102.084(a),
5-4 Code of Criminal Procedure, as added by this Act.
5-5 SECTION 7. This Act takes effect September 1, 1999.
5-6 SECTION 8. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.