SRC-EPT, TBR S.J.R. 49 77(R)BILL ANALYSIS


Senate Research CenterS.J.R. 49
By: Armbrister
Finance
6/15/2001
Enrolled


DIGEST AND PURPOSE 

Legislation implementing new court costs and fees or changes to court costs
and fees is almost always effective on September 1, the beginning of the
state fiscal year.  These changes are not usually finally determined until
late in the legislative session, and generally signed into law during June
of the session year.  Time is needed after the bills are signed into law to
determine all the resulting changes, summarize them, and disseminate
information to the affected entities and groups.  Typically, the
comptroller sends out information on the session changes in July or August,
and this gives cities, counties, and the comptroller little time to
implement required changes.  Also, the implementation date of September 1
causes problems in the changes and conversions since most of the funds are
reported on a calendar quarter basis and September 1 falls inside a
calendar quarter.  

Most cities and counties would like to see the effective date moved back to
January 1, which would give them more time to make the required changes in
systems and forms and would fall at the beginning of a quarter and a
calendar year.  Moving the implementation date from September 1 to January
1 would give cities, counties, and the comptroller four additional months
to implement changes, revise forms, change computer software programs, and
train personnel on the changes.  It would also fall at the beginning of a
calendar quarter, eliminating the reporting problems when an implementation
date falls in the middle of a calendar quarter. 

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 Article III, Texas Constitution, by adding Section 46,
as follows: 

Sec. 46.  (a)  Defines "fee."

(b)  Provides that this section applies only if the legislature enacts by
law a program to consolidate and standardize the collection, deposit,
reporting, and remitting of fees. 

(c)  Provides that a fee imposed by the legislature after the enactment of
the program described by Subsection (b) of this section is valid only if
the requirements relating to its collection, deposit, reporting, and
remitting conform to the program. 

(d)  Authorizes a fee to which this section applies to take effect on a
date before the next January 1 after the regular session at which the bill
adopting the fee was enacted only if the bill is passed by a record vote of
two-thirds of all the members elected to each house of the legislature on
final consideration in each house.  

SECTION 2.  Requires that this proposed constitutional amendment be
submitted to the voters at an election to be held November 6, 2001.
Requires the ballot to be printed to permit voting for or against  the
proposition:  "The constitutional amendment to promote uniformity in the
collection, deposit, reporting, and remitting of civil and criminal fees."