SRC-BWC S.B. 1348 77(R)    BILL ANALYSIS


Senate Research CenterS.B. 1348
2001S1310/1By: Armbrister
Administration
5-4-2001
Committee Report (Amended)


DIGEST AND PURPOSE 

Cities and counties feel that it is important that legislators be fully
informed of the impact that a small change or addition to court costs or
fees will have on the total amount charged to an offender.  Fiscal notes
prepared on proposed legislative actions always consider the impact of the
particular fund by itself, without considering the impact to the total
court costs to be collected from an offender.  It is difficult to know the
overall impact and result from one action when it is considered singularly.
Cities and counties feel that if the total court cost for a criminal
offense were made clear in the fiscal note, it is possible that some rate
change or implementations might be reconsidered.  S.B. 1348 provides that
in addition to the impact and fiscal impact of the change or addition
alone, the total impact of the change to the court costs imposed on an
offender should be indicated to give a complete picture of the effect of
the change or addition. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 314, Government Code, by adding Section 314.005,
as follows: 

Sec. 314.005.  IMPOSING COURT COSTS ON CERTAIN CRIMINAL DEFENDANTS.
Requires the state auditor to prepare an impact statement for each bill or
resolution proposing a constitutional amendment that proposes a new court
cost or fee or an increase in the amount of a court cost or fee on a person
charged with a criminal offense, including a court cost or fee charged on
conviction or other disposition or postponed disposition of the criminal
charge. Requires the impact statement to show the total amount of court
costs and fees that persons will be required to pay under the bill or
resolution when considered together with all other applicable laws.
Requires the state auditor to deliver a copy of the impact statement to the
author of the bill or resolution and to each member of a legislative
committee to which the bill or resolution is referred not later than the
fifth day after the date the bill or resolution is referred to the
committee. 

SECTION 2.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from As Filed version in SECTION 1 by replacing "Legislative Budget
Board" with "state auditor" and replacing proposed text with new text
regarding the responsibility of the state auditor.