By: Armbrister S.B. No. 1378
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal and civil fees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle C, Title 4, Local Government Code, is
1-5 amended by adding Chapter 133 to read as follows:
1-6 CHAPTER 133. CRIMINAL AND CIVIL FEES PAYABLE TO THE COMPTROLLER
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 133.001. PURPOSE. The purpose of this chapter is to
1-9 consolidate and standardize:
1-10 (1) the collection of fees in criminal and civil
1-11 matters by:
1-12 (A) an officer of a court for deposit in a
1-13 county or municipal treasury; or
1-14 (B) an officer of a county or municipality for
1-15 deposit in the county or municipal treasury, as appropriate;
1-16 (2) the remission of those fees to the comptroller as
1-17 required by this chapter and other law; and
1-18 (3) the distribution of those fees by the comptroller
1-19 to the proper accounts and funds in the state treasury.
1-20 Sec. 133.002. DEFINITIONS. In this chapter:
1-21 (1) "Fee" means:
1-22 (A) a criminal fee listed under Section 133.003;
1-23 and
1-24 (B) a civil fee listed under Section 133.004.
1-25 (2) "Indigent" means an individual who earns not more
2-1 than 125 percent of the income standard established by applicable
2-2 federal poverty guidelines.
2-3 (3) "Treasurer" means the custodian of money in a
2-4 municipal or county treasury, as appropriate.
2-5 Sec. 133.003. CRIMINAL FEES. This chapter applies to the
2-6 following criminal fees:
2-7 (1) the consolidated fee imposed under Section
2-8 133.102;
2-9 (2) the time payment fee imposed under Section
2-10 133.103;
2-11 (3) fees for services of peace officers employed by
2-12 the state imposed under Article 102.011, Code of Criminal
2-13 Procedure, and forwarded to the comptroller as provided by Section
2-14 133.104;
2-15 (4) costs on conviction imposed in certain statutory
2-16 county courts under Section 51.702, Government Code, and deposited
2-17 in the judicial fund;
2-18 (5) costs on conviction imposed in certain county
2-19 courts under Section 51.703, Government Code, and deposited in the
2-20 judicial fund;
2-21 (6) the administrative fee for failure to appear
2-22 imposed under Section 706.006, Transportation Code; and
2-23 (7) fines on conviction collected under Section
2-24 621.506(g), Transportation Code.
2-25 Sec. 133.004. CIVIL FEES. This chapter applies to the
2-26 following civil fees:
3-1 (1) the consolidated fee on filing in district courts
3-2 imposed under Section 133.151;
3-3 (2) the filing fee in courts other than district court
3-4 for basic civil legal services for indigents imposed under Section
3-5 133.152;
3-6 (3) the filing fees for the judicial fund imposed in
3-7 certain statutory county courts under Section 51.702, Government
3-8 Code;
3-9 (4) the filing fees for the judicial fund imposed in
3-10 certain county courts under Section 51.703, Government Code;
3-11 (5) the filing fees for the judicial fund imposed in
3-12 certain statutory probate courts under Section 51.704, Government
3-13 Code;
3-14 (6) birth certificate fees for the work and family
3-15 policies fund collected under Section 118.015, Local Government
3-16 Code;
3-17 (7) marriage license fees for the family trust fund
3-18 collected under Section 118.018, Local Government Code; and
3-19 (8) marriage license or declaration of informal
3-20 marriage fees for the children's trust fund collected under Section
3-21 118.022, Local Government Code.
3-22 (Sections 133.005-133.050 reserved for expansion
3-23 SUBCHAPTER B. REPORTING, COLLECTION, AND REMISSION OF FEES
3-24 Sec. 133.051. COLLECTION AND REMISSION OF FEES. A
3-25 municipality or county shall collect, record, account for, and
3-26 remit to the comptroller all state criminal and civil fees in the
4-1 manner provided by this subchapter.
4-2 Sec. 133.052. DEPOSIT OF FEES. (a) An officer collecting a
4-3 fee in a case in municipal court shall deposit the money in the
4-4 municipal treasury.
4-5 (b) An officer collecting a fee in a justice, county, or
4-6 district court shall deposit the money in the county treasury.
4-7 (c) A municipal or county clerk collecting a fee shall
4-8 deposit the money in the municipal or county treasury, as
4-9 appropriate.
4-10 Sec. 133.053. INTEREST-BEARING ACCOUNT. (a) The treasurer
4-11 may deposit fees in an interest-bearing account.
4-12 (b) The municipality or county may retain any interest
4-13 accrued on the money the treasurer deposited in the treasury if the
4-14 treasurer remits the funds to the comptroller within the period
4-15 prescribed by Section 133.055.
4-16 Sec. 133.054. RECORDS. (a) An officer or clerk collecting
4-17 a fee shall keep a record of the money collected.
4-18 (b) The treasurer shall keep a record of the money collected
4-19 and that is on deposit in the treasury.
4-20 Sec. 133.055. QUARTERLY REMISSION OF FEES TO THE
4-21 COMPTROLLER. On or before the last day of the month following each
4-22 calendar quarter, the treasurer or custodian of the treasury for a
4-23 municipality or a county shall:
4-24 (1) remit to the comptroller the funds from all fees
4-25 collected during the preceding quarter; and
4-26 (2) submit to the comptroller the report required
5-1 under Section 133.056 for criminal fees and Section 133.057 for
5-2 civil fees.
5-3 Sec. 133.056. QUARTERLY REPORT FOR CRIMINAL FEES. (a) On
5-4 the last day of the month following a calendar quarter, the
5-5 treasurer shall report the criminal fees collected for the
5-6 preceding calendar quarter.
5-7 (b) For fees collected for convictions occurring on or after
5-8 January 1, 2002, a municipality or county shall report the fees
5-9 collected for a quarter categorized according to the class of
5-10 offense.
5-11 (c) For fees collected for convictions occurring before
5-12 January 1, 2002, a municipality or county shall report the total of
5-13 fees collected for a quarter categorized according to the time
5-14 period collected.
5-15 Sec. 133.057. QUARTERLY REPORT FOR CIVIL FEES. On the last
5-16 day of the month following a calendar quarter, the treasurer shall
5-17 report the civil fees collected for the preceding calendar quarter.
5-18 Sec. 133.058. PORTION OF FEE RETAINED. (a) Except as
5-19 provided by Subsection (b), a municipality or county may retain 10
5-20 percent of the money collected from fees as a service fee for the
5-21 collection if the municipality or county remits the funds to the
5-22 comptroller within the period prescribed by Section 133.055.
5-23 (b) A municipality or county may retain an amount greater
5-24 than 10 percent of the money collected from fees if retention of
5-25 the greater amount is authorized by law.
5-26 Sec. 133.059. AUDIT. The comptroller may audit the records
6-1 of a county or municipality relating to fees collected under this
6-2 chapter, and the money spent is subject to audit by the state
6-3 auditor.
6-4 (Sections 133.060-133.100 reserved for expansion
6-5 SUBCHAPTER C. CRIMINAL FEES
6-6 Sec. 133.101. MEANING OF CONVICTION. In this subchapter, a
6-7 person is considered to have been convicted in a case if:
6-8 (1) a judgment, a sentence, or both a judgment and a
6-9 sentence are imposed on the person;
6-10 (2) the person receives community supervision,
6-11 deferred adjudication, or deferred disposition; or
6-12 (3) the court defers final disposition of the case or
6-13 imposition of the judgment and sentence.
6-14 Sec. 133.102. CONSOLIDATED FEES ON CONVICTION. (a) A
6-15 person convicted of an offense shall pay, in addition to all other
6-16 costs:
6-17 (1) $133.00 as a court cost on conviction of a felony;
6-18 (2) $83.00 as a court cost on conviction of a Class A
6-19 or B misdemeanor; or
6-20 (3) $40.00 as a court cost on conviction of a Class C
6-21 misdemeanor.
6-22 (b) The fees under Subsection (a) shall be collected and
6-23 remitted to the comptroller in the manner provided by Subchapter B.
6-24 (c) The money collected under this section for offenses on
6-25 or after January 1, 2002, shall be in the amounts distributed in
6-26 accordance with Subsection (a) and allocated according to the
7-1 percentages provided in Subsection (d). If any new court costs are
7-2 added or the amounts changed under this section, the amounts in
7-3 Subsection (a) and the percentages in Subsection (d) shall change
7-4 accordingly. The money collected for offenses before January 1,
7-5 2002, shall be distributed using historical data so that each
7-6 account or fund receives the same amount of money the account or
7-7 fund would have received if the fees for the accounts and funds had
7-8 been collected and reported separately.
7-9 (d) The comptroller shall allocate the fees received under
7-10 this section to the following accounts and funds so that each
7-11 receives to the extent practicable, utilizing historical data as
7-12 applicable, the same amount of money the account or fund would have
7-13 received if the fees for the accounts and funds had been collected
7-14 and reported separately, except that in no event shall the account
7-15 or fund receive less than the following percentages:
7-16 (1) abused children's counseling, 0.0086 percent;
7-17 (2) crime stoppers assistance, 0.2582 percent;
7-18 (3) breath alcohol testing, 0.5509 percent;
7-19 (4) Bill Blackwood Law Enforcement Management
7-20 Institute of Texas, 2.1693 percent;
7-21 (5) law enforcement officers standards and education,
7-22 5.0055 percent;
7-23 (6) comprehensive rehabilitation, 5.3239 percent;
7-24 (7) operator's and chauffeur's license, 11.1473
7-25 percent;
7-26 (8) criminal justice planning, 12.5589 percent;
8-1 (9) an account in the state treasury to be used only
8-2 for the establishment and operation of the Center for the Study and
8-3 Prevention of Juvenile Crime and Delinquency at Prairie View A&M
8-4 University, 0.6036 percent;
8-5 (10) compensation to victims of crime fund, 38.2478
8-6 percent;
8-7 (11) fugitive apprehension account, 12.0727 percent;
8-8 (12) judicial and court personnel training fund,
8-9 4.8290 percent;
8-10 (13) misdemeanor-general revenue, 7.2243 percent; and
8-11 (14) an account in the state treasury to be used for
8-12 the establishment and operation of the Correctional Management
8-13 Institute of Texas and Criminal Justice Center account.
8-14 Sec. 133.103. TIME PAYMENT FEE. (a) A person convicted of
8-15 an offense shall pay, in addition to all other costs, a fee of $25
8-16 if the person:
8-17 (1) has been convicted of a felony or misdemeanor; and
8-18 (2) pays any part of a fine, court costs, or
8-19 restitution on or after the 31st day after the date on which a
8-20 judgment is entered assessing the fine, court costs, or
8-21 restitution.
8-22 (b) The treasurer shall send 50 percent of the fees
8-23 collected under this section to the comptroller. The comptroller
8-24 shall deposit the fees received to the credit of the general
8-25 revenue fund.
8-26 (c) The treasurer shall deposit 10 percent of the fees
9-1 collected under this section in the general fund of the county or
9-2 municipality for the purpose of improving the efficiency of the
9-3 administration of justice in the county or municipality. The
9-4 county or municipality shall reserve the 10 percent for and
9-5 prioritize the needs of the judicial officer or elected officer who
9-6 collected the fees when making expenditures under this subsection.
9-7 (d) The treasurer shall deposit the remainder of the fees
9-8 collected under this section in the general revenue account of the
9-9 county or municipality.
9-10 Sec. 133.104. FEES FOR SERVICES OF PEACE OFFICERS EMPLOYED
9-11 BY THE STATE. (a) Fees imposed under Article 102.011, Code of
9-12 Criminal Procedure, for services performed by peace officers
9-13 employed by the state shall be forwarded to the comptroller after
9-14 deducting four-fifths of the amount of each fee received for a
9-15 service performed under Subsection (a)(1) or (2) of that article,
9-16 in a manner directed by the comptroller.
9-17 (b) The comptroller shall credit fees received under
9-18 Subsection (a) to the general revenue fund.
9-19 (Sections 133.105-133.150 reserved for expansion
9-20 SUBCHAPTER D. CIVIL FEES
9-21 Sec. 133.151. CONSOLIDATED CIVIL FEE ON FILING IN DISTRICT
9-22 COURTS. (a) In addition to each fee collected under Section
9-23 51.317(b)(1), Government Code, the clerk of a district court shall
9-24 collect the following fees on the filing of any civil suit:
9-25 (1) $45 for family law cases and proceedings as
9-26 defined by Section 25.0002, Government Code; and
10-1 (2) $50 for any case other than a case described by
10-2 Subdivision (1).
10-3 (b) The fees under Subsection (a) shall be collected and
10-4 remitted to the comptroller in the manner provided by Subchapter B.
10-5 (c) The comptroller shall allocate the fees received under
10-6 this section to the following accounts and funds so that each
10-7 receives to the extent practicable, utilizing historical data as
10-8 applicable, the same amount of money the account or fund would have
10-9 received if the fees for the accounts and funds had been collected
10-10 and reported separately:
10-11 (1) judicial fund to be used for court-related
10-12 purposes for the support of the judiciary; and
10-13 (2) the basic civil legal services account of the
10-14 judicial fund for use in programs approved by the supreme court
10-15 that provide basic civil legal services to an indigent.
10-16 Sec. 133.152. FILING FEES IN DISTRICT COURT FOR BASIC CIVIL
10-17 LEGAL SERVICES FOR INDIGENTS. (a) In addition to other fees
10-18 authorized or required by law, the clerk of a district court shall
10-19 collect the following fees on the filing of any civil action or
10-20 proceeding requiring a filing fee, including an appeal, and on the
10-21 filing of any counterclaim, cross action, intervention,
10-22 interpleader, or third-party action requiring a filing fee:
10-23 (1) $5 in family law cases and proceedings as defined
10-24 by Section 25.0002, Government Code; and
10-25 (2) $10 in any case other than a case described by
10-26 Subdivision (1).
11-1 (b) The fees under this section shall be collected and
11-2 remitted to the comptroller in the manner provided by Subchapter B.
11-3 (c) The comptroller shall deposit the fees to the credit of
11-4 the basic civil legal services account of the judicial fund for use
11-5 in programs approved by the supreme court that provide basic civil
11-6 legal services to an indigent.
11-7 Sec. 133.153. FILING FEES IN COURTS OTHER THAN DISTRICT
11-8 COURT FOR BASIC CIVIL LEGAL SERVICES FOR INDIGENTS. (a) In
11-9 addition to other fees authorized or required by law, the clerk of
11-10 a court other than a district court, the courts of appeals, or the
11-11 supreme court, shall collect the following fees on the filing of
11-12 any civil action or proceeding requiring a filing fee, including an
11-13 appeal, and on the filing of any counterclaim, cross action,
11-14 intervention, interpleader, or third-party action requiring a
11-15 filing fee:
11-16 (1) $5 for statutory and constitutional county courts;
11-17 and
11-18 (2) $2 for justice of the peace courts.
11-19 (b) The fees shall be collected and remitted to the
11-20 comptroller in the manner provided by Subchapter B.
11-21 (c) The comptroller shall deposit the fees to the credit of
11-22 the basic civil legal services account of the judicial fund for use
11-23 in programs approved by the supreme court that provide basic civil
11-24 legal services to an indigent.
11-25 SECTION 2. Subsection (e), Section 14, Article 42.12, Code
11-26 of Criminal Procedure, is amended to read as follows:
12-1 (e) The clerk of a court that collects a fee imposed under
12-2 Subsection (c)(2) shall deposit fees collected under this section
12-3 to be sent [remit the fee] to the comptroller as provided by
12-4 Subchapter B, Chapter 133, Local Government Code, and the
12-5 comptroller shall deposit the fee into the general revenue fund.
12-6 In requiring the payment of a fee under Subsection (c)(2), the
12-7 judge shall consider fines, fees, and other necessary expenses for
12-8 which the defendant is obligated in establishing the amount of the
12-9 fee. The judge may not:
12-10 (1) establish the fee in an amount that is greater
12-11 than 25 percent of the defendant's gross income while the defendant
12-12 is a participant in residential aftercare; or
12-13 (2) require the defendant to pay the fee at any time
12-14 other than a time at which the defendant is both employed and a
12-15 participant in residential aftercare.
12-16 SECTION 3. Subsection (f), Section 19, Article 42.12, Code
12-17 of Criminal Procedure, is amended to read as follows:
12-18 (f) A community corrections and supervision department shall
12-19 deposit [remit] fees collected under [Subsection (e) of] this
12-20 section to be sent to the comptroller as provided by Subchapter B,
12-21 Chapter 133, Local Government Code. The comptroller shall deposit
12-22 the fee in the special revenue fund to the credit of the sexual
12-23 assault program established under Section 44.0061, Health and
12-24 Safety Code.
12-25 SECTION 4. Article 45.048, Code of Criminal Procedure, is
12-26 amended to read as follows:
13-1 Art. 45.048. DISCHARGED FROM JAIL. A defendant placed in
13-2 jail on account of failure to pay the fine and costs shall be
13-3 discharged on habeas corpus by showing that the defendant:
13-4 (1) is too poor to pay the fine and costs; or
13-5 (2) has remained in jail a sufficient length of time
13-6 to satisfy the fine and costs, at the rate of not less than $50
13-7 [$100] for each day or part of a day of jail time served.
13-8 SECTION 5. Subsection (e), Article 45.049, Code of Criminal
13-9 Procedure, is amended to read as follows:
13-10 (e) A defendant is considered to have discharged not less
13-11 than $50 [$100] of fines or costs for each eight hours of community
13-12 service performed under this article.
13-13 SECTION 6. Article 102.004, Code of Criminal Procedure, is
13-14 amended by adding Subsection (c) to read as follows:
13-15 (c) In this article, conviction has the meaning assigned by
13-16 Section 133.101, Local Government Code.
13-17 SECTION 7. Article 102.011, Code of Criminal Procedure, is
13-18 amended by adding Subsection (j) to read as follows:
13-19 (j) In this article, conviction has the meaning assigned by
13-20 Section 133.101, Local Government Code.
13-21 SECTION 8. Subsection (c), Article 102.014, Code of Criminal
13-22 Procedure, is amended to read as follows:
13-23 (c) A person convicted of an offense under Subtitle C, Title
13-24 7, Transportation Code, when the offense occurs within a school
13-25 crossing zone as defined by Section 541.302 of that code, shall pay
13-26 as court costs $25 in addition to other taxable court costs. A
14-1 person convicted of an offense under Section 545.066,
14-2 Transportation Code, shall pay as court costs $25 in addition to
14-3 other taxable court costs. The additional court costs under this
14-4 subsection shall be collected in the same manner that other fines
14-5 and taxable court costs in the case are collected and shall be
14-6 assessed only in a municipality [with a population of 400,000 or
14-7 more].
14-8 SECTION 9. Article 102.075, Code of Criminal Procedure, is
14-9 amended by amending Subsection (m) and adding Subsection (n) to
14-10 read as follows:
14-11 (m) In addition to the cost on conviction imposed by
14-12 Subsection (a), a person convicted of an offense described by
14-13 Subsection (a) shall pay 50 [25] cents on conviction of the
14-14 offense. The comptroller shall deposit money received under this
14-15 subsection to the credit of an account in the state treasury to be
14-16 used only for the establishment and operation of the Center for the
14-17 Study and Prevention of Juvenile Crime and Delinquency at Prairie
14-18 View A&M University. Subsection (h) does not apply to money
14-19 received under this subsection.
14-20 (n) In addition to the costs on conviction imposed by
14-21 Subsections (a) and (m), a person convicted of an offense described
14-22 by Subsection (a) shall pay 50 cents on conviction of the offense.
14-23 The comptroller shall deposit money received under this subsection
14-24 to the credit of an account in the state treasury to be used only
14-25 for the establishment and operation of the Correctional Management
14-26 Institute of Texas and Criminal Justice Center account. Subsection
15-1 (h) does not apply to money received under this subsection.
15-2 SECTION 10. Subsection (d), Section 51.702, Government Code,
15-3 is amended to read as follows:
15-4 (d) The clerk shall deposit [send] the fees and costs
15-5 collected under this section to be sent to the comptroller as
15-6 provided by Subchapter B, Chapter 133, Local Government Code [at
15-7 least as frequently as monthly]. The comptroller shall deposit the
15-8 fees in the judicial fund.
15-9 SECTION 11. Subsection (d), Section 51.703, Government Code,
15-10 is amended to read as follows:
15-11 (d) The clerk shall deposit [send] the fees and costs
15-12 collected under this section to be sent to the comptroller as
15-13 provided by Subchapter B, Chapter 133, Local Government Code [at
15-14 least as frequently as monthly]. The comptroller shall deposit the
15-15 fees in the judicial fund.
15-16 SECTION 12. Subsection (c), Section 51.704, Government Code,
15-17 is amended to read as follows:
15-18 (c) The clerk shall deposit [send] the fees and costs
15-19 collected under this section to be sent to the comptroller as
15-20 provided by Subchapter B, Chapter 133, Local Government Code [at
15-21 least as frequently as monthly]. The comptroller shall deposit the
15-22 fees in the judicial fund.
15-23 SECTION 13. Section 51.941, Government Code, is amended to
15-24 read as follows:
15-25 Sec. 51.941. ADDITIONAL FILING FEE IN APPELLATE COURTS FOR
15-26 BASIC CIVIL LEGAL SERVICES FOR INDIGENTS. (a) In addition to
16-1 other fees authorized or required by law, the clerk of the supreme
16-2 court and courts of appeals [each court] shall collect a $25 fee
16-3 [the following fees] on the filing of any civil action or
16-4 proceeding requiring a filing fee, including an appeal, and on the
16-5 filing of any counterclaim, cross-action, intervention,
16-6 interpleader, or third-party action requiring a filing fee[:]
16-7 [(1) supreme court and courts of appeals ........ $25;]
16-8 [(2) district courts, for other than divorce and other
16-9 family law matters ........................................... $10;]
16-10 [(3) district courts, divorce and other family law
16-11 matters ....................................................... $5;]
16-12 [(4) statutory and constitutional county courts .. $5;]
16-13 [(5) justice of the peace courts ................ $2].
16-14 (b) Court fees under this section [subchapter] shall be
16-15 collected in the same manner as other fees, fines, or costs in the
16-16 case.
16-17 (c) The clerk shall send the fees collected under this
16-18 section [Subsection (a)(1)] to the comptroller not later than the
16-19 last day of the month following [10th day after the end of] each
16-20 calendar quarter.
16-21 (d) [The clerk shall remit the fees collected under
16-22 Subsections (a)(2)-(5) at least as frequently as monthly to the
16-23 county treasurer or the person who performs the duties of the
16-24 county treasurer. The county treasurer or the person performing
16-25 the duties of the county treasurer shall keep a record of the
16-26 amount of money received under this subsection. The county
17-1 treasurer or the person who performs the duties of the county
17-2 treasurer shall remit the fees collected, minus an amount ordered
17-3 retained by the county commissioners court as provided by
17-4 Subsection (e), to the comptroller not later than the 10th day
17-5 after the end of each quarter.]
17-6 [(e) The commissioners court by order may require the county
17-7 treasurer or the person who performs the duties of the county
17-8 treasurer to deposit in the county's general revenue account five
17-9 percent of the fees collected under Subsections (a)(2)-(5) to
17-10 reimburse the county for the expense of collecting and remitting
17-11 the fees collected under Subsections (a)(2)-(5).]
17-12 [(f)] The comptroller shall deposit the fees received under
17-13 this section to the credit of the basic civil legal services
17-14 account of the judicial fund for use in programs approved by the
17-15 supreme court that provide basic civil legal services to the
17-16 indigent.
17-17 (e) [(g)] In this section, "indigent"[:]
17-18 [(1) "Family law matters" has the meaning assigned
17-19 "family law cases and proceedings" by Section 25.0002.]
17-20 [(2) "Indigent"] means an individual who earns not
17-21 more than 125 percent of the income standard established by
17-22 applicable federal poverty guidelines.
17-23 SECTION 14. Subsection (b), Section 118.015, Local
17-24 Government Code, is amended to read as follows:
17-25 (b) A county clerk who collects a fee under this section for
17-26 a certified copy of a birth certificate shall deposit the [deduct
18-1 20 cents of that fee to apply to the clerk's administrative costs
18-2 and remit $1.80 of that] fee collected into the county treasury.
18-3 The state's portion of the fee shall be sent to the comptroller as
18-4 provided by Subchapter B, Chapter 133, Local Government Code, for
18-5 deposit in the work and family policies fund.
18-6 SECTION 15. Subsection (c), Section 118.018, Local
18-7 Government Code, is amended to read as follows:
18-8 (c) A county clerk who collects a fee under this section
18-9 from a marriage license applicant shall deposit [remit] $3 of that
18-10 fee to be sent to the comptroller as provided by Subchapter B,
18-11 Chapter 133, Local Government Code, for deposit in the family trust
18-12 fund established under Section 2.014, Family Code.
18-13 SECTION 16. Subsection (a), Section 118.022, Local
18-14 Government Code, is amended to read as follows:
18-15 (a) The county clerk shall deposit, as provided by
18-16 Subchapter B, Chapter 133, Local Government Code, [not later than
18-17 the 10th day of each month, send to the comptroller of public
18-18 accounts] $12.50 of each fee collected [during the preceding month]
18-19 for issuance of a marriage license or declaration of informal
18-20 marriage to be sent to the comptroller and deposited as provided by
18-21 Subsection (b).
18-22 SECTION 17. Section 542.403, Transportation Code, is amended
18-23 by adding Subsection (c) to read as follows:
18-24 (c) In this section, conviction has the meaning assigned by
18-25 Section 133.101, Local Government Code.
18-26 SECTION 18. Subsection (a), Section 706.006, Transportation
19-1 Code, is amended to read as follows:
19-2 (a) Unless a person has been acquitted of the offense for
19-3 which the person failed to appear for a complaint, citation, or
19-4 court order to pay a fine involving a violation of a traffic law or
19-5 an offense described by Section 706.002(a)(2), (3), or (4), the
19-6 political subdivision shall require the person to pay an
19-7 administrative fee of $30 for each complaint, citation, or court
19-8 order [violation] for which the person failed to appear.
19-9 SECTION 19. Subsections (a), (b), and (c), Section 706.007,
19-10 Transportation Code, are amended to read as follows:
19-11 (a) An officer collecting a fee under Section 706.006 shall
19-12 keep records and deposit the money as provided by Subchapter B,
19-13 Chapter 133, Local Government Code[:]
19-14 [(1) keep separate records of the money; and]
19-15 [(2) deposit the money in the appropriate municipal or
19-16 county treasury].
19-17 (b) The custodian of the municipal or county treasury may[:]
19-18 [(1)] deposit each fee collected under Section 706.006
19-19 as provided by Subchapter B, Chapter 133, Local Government Code [in
19-20 an interest-bearing account; and]
19-21 [(2) retain for the municipality or county the
19-22 interest earned on money in the account].
19-23 (c) The custodian shall keep records of money received and
19-24 disbursed under this section as provided by Subchapter B, Chapter
19-25 133, Local Government Code, and shall provide an annual report, in
19-26 the form approved by the comptroller, of all money received and
20-1 disbursed under this section to:
20-2 (1) the comptroller;
20-3 (2) the department; and
20-4 (3) another entity as provided by interlocal contract.
20-5 SECTION 20. The following are repealed:
20-6 (1) Article 56.55, Code of Criminal Procedure;
20-7 (2) Article 56.56, Code of Criminal Procedure;
20-8 (3) Article 56.57, Code of Criminal Procedure;
20-9 (4) Article 56.59, Code of Criminal Procedure;
20-10 (5) Subsections (f), (g), and (h), Article 102.011,
20-11 Code of Criminal Procedure;
20-12 (6) Article 102.019, Code of Criminal Procedure;
20-13 (7) Section 51.701, Government Code;
20-14 (8) Section 51.921, Government Code;
20-15 (9) Subsections (b) through (h), Section 56.001,
20-16 Government Code; and
20-17 (10) Section 61.003, Government Code.
20-18 SECTION 21. (a) This Act takes effect January 1, 2002.
20-19 (b) This Act applies to any fee collected on or after the
20-20 effective date of this Act.
20-21 (c) The change in law made by this Act to Articles 45.048
20-22 and 45.049, Code of Criminal Procedure, applies only to conduct
20-23 that occurs on or after the effective date of this Act. Conduct
20-24 violating a penal law of this state occurs on or after the
20-25 effective date of this Act if any element of the violation occurs
20-26 on or after that date. Conduct that occurs before the effective
21-1 date of this Act is governed by the law in effect at the time the
21-2 conduct occurred, and that law is continued in effect for that
21-3 purpose.
21-4 (d) The change in law made by Section 9 of this Act applies
21-5 only to a court cost imposed on conviction of an offense committed
21-6 on or after the effective date of this Act. A court cost imposed
21-7 on conviction of an offense committed before the effective date of
21-8 this Act is governed by the law in effect when the offense was
21-9 committed, and the former law is continued in effect for that
21-10 purpose. For the purposes of this section, an offense was
21-11 committed before the effective date of this Act if any element of
21-12 the offense occurred before that date.