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.