SRC-EPT, TBR S.B. 1377 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1377
By: Armbrister
Finance
6/14/2001
Enrolled


DIGEST AND PURPOSE 

There is no state oversight of court costs that are collected by cities and
counties.  S.B. 1377 requires the state auditor to conduct a biennial
review and to exercise continuing oversight for each fund to which court
costs are being deposited to determine if the funds are being used as
intended and whether the court costs are appropriate. 

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 321, Government Code, by adding Section 321.017,
as follows: 

Sec. 321.017.  REVIEW AND OVERSIGHT OF FUNDS AND ACCOUNTS RECEIVING COURT
COSTS. (a)  Authorizes the state auditor to review each fund and account
into which money collected as a court cost is directed by law to be
deposited to determine whether the money is being used for the purpose or
purposes for which the money is collected and the amount of the court cost
is appropriate, considering the purpose or purposes for which the cost is
collected. 

(b) Authorizes the state auditor to perform reviews under this section as
specified in the audit plan developed under Section 321.013. 

(c) Requires the state auditor to make the findings of a review performed
under this section available to the public and to report the findings to
the governor, the chief justice of the supreme court, the presiding judge
of the court of criminal appeals, and the committee.  Authorizes the report
to include the state auditor's  recommendations for legislation or policy
changes.  

SECTION 2. (a)  Effective date: September 1, 2001.

(b)  Requires the state auditor, notwithstanding Section 321.017(b),
Government Code, as added by this Act, to perform and complete a review
described by Subsection (a) of that section and report the findings of the
review before December 1, 2002.