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.