77R14368 DAK-D
By Armbrister S.B. No. 1378
Substitute the following for S.B. No. 1378:
By Thompson C.S.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 remittance 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.
2-1 (2) "Indigent" means an individual who earns not more
2-2 than 125 percent of the income standard established by applicable
2-3 federal poverty guidelines.
2-4 (3) "Treasurer" means the custodian of money in a
2-5 municipal or county treasury, as appropriate.
2-6 Sec. 133.003. CRIMINAL FEES. This chapter applies to the
2-7 following criminal fees:
2-8 (1) the consolidated fee imposed under Section
2-9 133.102;
2-10 (2) the time payment fee imposed under Section
2-11 133.103;
2-12 (3) fees for services of peace officers employed by
2-13 the state imposed under Article 102.011, Code of Criminal
2-14 Procedure, and forwarded to the comptroller as provided by Section
2-15 133.104;
2-16 (4) costs on conviction imposed in certain statutory
2-17 county courts under Section 51.702, Government Code, and deposited
2-18 in the judicial fund;
2-19 (5) costs on conviction imposed in certain county
2-20 courts under Section 51.703, Government Code, and deposited in the
2-21 judicial fund;
2-22 (6) the administrative fee for failure to appear
2-23 imposed under Section 706.006, Transportation Code; and
2-24 (7) fines on conviction collected under Section
2-25 621.506(g), Transportation Code.
2-26 Sec. 133.004. CIVIL FEES. This chapter applies to the
2-27 following civil fees:
3-1 (1) the consolidated fee on filing in district court
3-2 imposed under Section 133.151;
3-3 (2) the filing fee in district court for basic civil
3-4 legal services for indigents imposed under Section 133.152;
3-5 (3) the filing fee in courts other than district court
3-6 for basic civil legal services for indigents imposed under Section
3-7 133.153;
3-8 (4) the filing fees for the judicial fund imposed in
3-9 certain statutory county courts under Section 51.702, Government
3-10 Code;
3-11 (5) the filing fees for the judicial fund imposed in
3-12 certain county courts under Section 51.703, Government Code;
3-13 (6) the filing fees for the judicial fund imposed in
3-14 certain statutory probate courts under Section 51.704, Government
3-15 Code;
3-16 (7) fees collected under Section 118.015;
3-17 (8) marriage license fees for the family trust fund
3-18 collected under Section 118.018; and
3-19 (9) marriage license or declaration of informal
3-20 marriage fees for the children's trust fund collected under Section
3-21 118.022.
3-22 (Sections 133.005-133.050 reserved for expansion
3-23 SUBCHAPTER B. REPORTING, COLLECTION, AND REMITTANCE OF FEES
3-24 Sec. 133.051. COLLECTION AND REMITTANCE OF FEES. A
3-25 municipality or county shall collect, record, account for, and
3-26 remit to the comptroller all fees in the manner provided by this
3-27 subchapter.
4-1 Sec. 133.052. DEPOSIT OF FEES. (a) An officer collecting a
4-2 fee in a case in municipal court shall deposit the money in the
4-3 municipal treasury.
4-4 (b) An officer collecting a fee in a justice, county, or
4-5 district court shall deposit the money in the county treasury.
4-6 (c) A municipal or county clerk collecting a fee shall
4-7 deposit the money in the municipal or county treasury, as
4-8 appropriate.
4-9 Sec. 133.053. INTEREST-BEARING ACCOUNT. (a) The treasurer
4-10 may deposit fees in an interest-bearing account.
4-11 (b) The municipality or county may retain any interest
4-12 accrued on the money the treasurer deposited in the treasury if the
4-13 treasurer remits the funds to the comptroller within the period
4-14 prescribed by Section 133.055(a).
4-15 Sec. 133.054. RECORDS. (a) An officer or clerk collecting a
4-16 fee shall keep a record of the money collected.
4-17 (b) The treasurer shall keep a record of the money collected
4-18 and that is on deposit in the treasury.
4-19 Sec. 133.055. QUARTERLY REMITTANCE OF FEES TO THE
4-20 COMPTROLLER. (a) On or before the last day of the month following
4-21 each calendar quarter, the treasurer shall:
4-22 (1) remit to the comptroller the funds from all fees
4-23 collected during the preceding quarter; and
4-24 (2) submit to the comptroller the report required
4-25 under Section 133.056 for criminal fees and Section 133.057 for
4-26 civil fees.
4-27 (b) If the treasurer does not collect any fees during a
5-1 calendar quarter, the treasurer shall file the report required for
5-2 the quarter in the regular manner, and the report must state that
5-3 no fees were collected.
5-4 Sec. 133.056. QUARTERLY REPORT FOR CRIMINAL FEES. (a) On
5-5 the last day of the month following a calendar quarter, the
5-6 treasurer shall report the criminal fees collected for the
5-7 preceding calendar quarter.
5-8 (b) For fees collected for convictions occurring on or after
5-9 January 1, 2002, a municipality or county shall report the fees
5-10 collected for a quarter categorized according to the class of
5-11 offense.
5-12 (c) For fees collected for convictions occurring before
5-13 January 1, 2002, a municipality or county shall report the total of
5-14 fees collected for a quarter categorized according to the time
5-15 period during which the offenses occurred.
5-16 Sec. 133.057. QUARTERLY REPORT FOR CIVIL FEES. On the last
5-17 day of the month following a calendar quarter, the treasurer shall
5-18 report the civil fees collected for the preceding calendar quarter.
5-19 Sec. 133.058. PORTION OF FEE RETAINED. (a) Except as
5-20 otherwise provided by this section, a municipality or county may
5-21 retain 10 percent of the money collected from fees as a service fee
5-22 for the collection if the municipality or county remits the funds
5-23 to the comptroller within the period prescribed by Section
5-24 133.055(a).
5-25 (b) A municipality or county may retain an amount greater
5-26 than 10 percent of the money collected from fees if retention of
5-27 the greater amount is authorized by law.
6-1 (c) A county may retain five percent of the money collected
6-2 as a service fee on the basic civil legal service for indigents
6-3 filing fee.
6-4 (d) A county may not retain a service fee on the collection
6-5 of a fee for the judicial fund.
6-6 Sec. 133.059. AUDIT. (a) The comptroller may audit the
6-7 records of a county or municipality relating to fees collected
6-8 under this chapter.
6-9 (b) Money spent from fees collected under this chapter is
6-10 subject to audit by the state auditor.
6-11 (Sections 133.060-133.100 reserved for expansion
6-12 SUBCHAPTER C. CRIMINAL FEES
6-13 Sec. 133.101. MEANING OF CONVICTION. In this subchapter, a
6-14 person is considered to have been convicted in a case if:
6-15 (1) a judgment, a sentence, or both a judgment and a
6-16 sentence are imposed on the person;
6-17 (2) the person receives community supervision,
6-18 deferred adjudication, or deferred disposition; or
6-19 (3) the court defers final disposition of the case or
6-20 imposition of the judgment and sentence.
6-21 Sec. 133.102. CONSOLIDATED FEES ON CONVICTION. (a) A person
6-22 convicted of an offense shall pay, in addition to all other costs:
6-23 (1) $133.75 as a court cost on conviction of a felony;
6-24 (2) $83.75 as a court cost on conviction of a Class A
6-25 or Class B misdemeanor; or
6-26 (3) $40.75 as a court cost on conviction of a
6-27 non-jailable misdemeanor offense, including a criminal violation of
7-1 a municipal ordinance, other than a conviction of an offense
7-2 relating to a pedestrian or the parking of a motor vehicle.
7-3 (b) The fees under Subsection (a) shall be collected and
7-4 remitted to the comptroller in the manner provided by Subchapter B.
7-5 (c) The money collected under this section on or after
7-6 January 1, 2002, shall be allocated according to the percentages
7-7 provided in Subsection (e). If any new court costs are added or
7-8 the amounts are changed under this section, the amounts in
7-9 Subsection (a) and the percentages in Subsection (e) shall change
7-10 accordingly.
7-11 (d) The money collected before January 1, 2002, shall be
7-12 distributed using historical data so that each account or fund
7-13 receives the same amount of money the account or fund would have
7-14 received if the fees for the accounts and funds had been collected
7-15 and reported separately.
7-16 (e) The comptroller shall allocate the fees received under
7-17 this section to the following accounts and funds so that each
7-18 receives to the extent practicable, utilizing historical data as
7-19 applicable, the same amount of money the account or fund would have
7-20 received if the fees for the accounts and funds had been collected
7-21 and reported separately, except that the account or fund may not
7-22 receive less than the following percentages:
7-23 (1) abused children's counseling 0.0085 percent;
7-24 (2) crime stoppers assistance 0.2537 percent;
7-25 (3) breath alcohol testing 0.5412 percent;
7-26 (4) Bill Blackwood Law Enforcement Management
7-27 Institute 2.1309 percent;
8-1 (5) law enforcement officers standards and
8-2 education 4.9172 percent;
8-3 (6) comprehensive rehabilitation 5.2301 percent;
8-4 (7) operator's and chauffeur's
8-5 license 10.9506 percent;
8-6 (8) criminal justice planning 12.3374 percent;
8-7 (9) an account in the state treasury to be used only
8-8 for the establishment and operation of the Center for the Study and
8-9 Prevention of Juvenile Crime and Delinquency at Prairie View A&M
8-10 University 1.1854 percent;
8-11 (10) compensation to victims of crime
8-12 fund 37.5686 percent;
8-13 (11) fugitive apprehension account 11.8537 percent;
8-14 (12) judicial and court personnel training
8-15 fund 4.7415 percent;
8-16 (13) an account in the state treasury to be used
8-17 for the establishment and operation of the Correctional
8-18 Management Institute of Texas and Criminal Justice Center
8-19 Account 1.1854 percent; and
8-20 (14) Misdemeanor--General Revenue 7.0960 percent.
8-21 (f) Of each dollar credited to the law enforcement officers
8-22 standards and education account under Subsection (e)(5):
8-23 (1) 33.3 cents may be used only to pay administrative
8-24 expenses; and
8-25 (2) the remainder may be used only to pay expenses
8-26 related to continuing education for persons licensed under Chapter
8-27 1701, Occupations Code.
9-1 Sec. 133.103. TIME PAYMENT FEE. (a) A person convicted of
9-2 an offense shall pay, in addition to all other costs, a fee of $25
9-3 if the person:
9-4 (1) has been convicted of a felony or misdemeanor; and
9-5 (2) pays any part of a fine, court costs, or
9-6 restitution on or after the 31st day after the date on which a
9-7 judgment is entered assessing the fine, court costs, or
9-8 restitution.
9-9 (b) The treasurer shall send 50 percent of the fees
9-10 collected under this section to the comptroller. The comptroller
9-11 shall deposit the fees received to the credit of the general
9-12 revenue fund.
9-13 (c) The treasurer shall deposit 10 percent of the fees
9-14 collected under this section in the general fund of the county or
9-15 municipality for the purpose of improving the efficiency of the
9-16 administration of justice in the county or municipality. The
9-17 county or municipality shall prioritize the needs of the judicial
9-18 officer who collected the fees when making expenditures under this
9-19 subsection and use the money deposited to provide for those needs.
9-20 (d) The treasurer shall deposit the remainder of the fees
9-21 collected under this section in the general revenue account of the
9-22 county or municipality.
9-23 Sec. 133.104. FEES FOR SERVICES OF PEACE OFFICERS EMPLOYED
9-24 BY THE STATE. (a) Fees imposed under Article 102.011, Code of
9-25 Criminal Procedure, for services performed by peace officers
9-26 employed by the state shall be forwarded to the comptroller after
9-27 deducting four-fifths of the amount of each fee received for a
10-1 service performed under Subsection (a)(1) or (a)(2) of that
10-2 article, in a manner directed by the comptroller.
10-3 (b) The comptroller shall credit fees received under
10-4 Subsection (a) to the general revenue fund.
10-5 (Sections 133.105-133.150 reserved for expansion
10-6 SUBCHAPTER D. CIVIL FEES
10-7 Sec. 133.151. CONSOLIDATED CIVIL FEE ON FILING IN DISTRICT
10-8 COURT. (a) In addition to each fee collected under Section
10-9 51.317(b)(1), Government Code, the clerk of a district court shall
10-10 collect the following fees on the filing of any civil suit:
10-11 (1) $45 for family law cases and proceedings as
10-12 defined by Section 25.0002, Government Code; and
10-13 (2) $50 for any case other than a case described by
10-14 Subdivision (1).
10-15 (b) The fees under Subsection (a) shall be collected and
10-16 remitted to the comptroller in the manner provided by Subchapter B.
10-17 (c) The comptroller shall allocate the fees received under
10-18 this section to the following accounts and funds so that each
10-19 receives to the extent practicable, utilizing historical data as
10-20 applicable, the same amount of money the account or fund would have
10-21 received if the fees for the accounts and funds had been collected
10-22 and reported separately:
10-23 (1) $40 of each filing fee to the judicial fund to be
10-24 used for court-related purposes for the support of the judiciary;
10-25 and
10-26 (2) the remainder to the basic civil legal services
10-27 account of the judicial fund for use in programs approved by the
11-1 supreme court that provide basic civil legal services to an
11-2 indigent.
11-3 Sec. 133.152. FILING FEES IN DISTRICT COURT FOR BASIC CIVIL
11-4 LEGAL SERVICES FOR INDIGENTS. (a) In addition to other fees
11-5 authorized or required by law, the clerk of a district court shall
11-6 collect the following fees on the filing of any civil action or
11-7 proceeding requiring a filing fee, including an appeal, and on the
11-8 filing of any counterclaim, cross-action, intervention,
11-9 interpleader, or third-party action requiring a filing fee:
11-10 (1) $5 in family law cases and proceedings as defined
11-11 by Section 25.0002, Government Code; and
11-12 (2) $10 in any case other than a case described by
11-13 Subdivision (1).
11-14 (b) The fees under this section shall be collected and
11-15 remitted to the comptroller in the manner provided by Subchapter B.
11-16 (c) The comptroller shall deposit the fees to the credit of
11-17 the basic civil legal services account of the judicial fund for use
11-18 in programs approved by the supreme court that provide basic civil
11-19 legal services to an indigent.
11-20 Sec. 133.153. FILING FEES IN COURTS OTHER THAN DISTRICT
11-21 COURT FOR BASIC CIVIL LEGAL SERVICES FOR INDIGENTS. (a) In
11-22 addition to other fees authorized or required by law, the clerk of
11-23 a court other than a district court, the courts of appeals, or the
11-24 supreme court, shall collect the following fees on the filing of
11-25 any civil action or proceeding requiring a filing fee, including an
11-26 appeal, and on the filing of any counterclaim, cross-action,
11-27 intervention, interpleader, or third-party action requiring a
12-1 filing fee:
12-2 (1) $5 for statutory and constitutional county courts;
12-3 and
12-4 (2) $2 for justice of the peace courts.
12-5 (b) The fees shall be collected and remitted to the
12-6 comptroller in the manner provided by Subchapter B.
12-7 (c) The comptroller shall deposit the fees to the credit of
12-8 the basic civil legal services account of the judicial fund for use
12-9 in programs approved by the supreme court that provide basic civil
12-10 legal services to an indigent.
12-11 SECTION 2. Section 14(e), Article 42.12, Code of Criminal
12-12 Procedure, is amended to read as follows:
12-13 (e) The clerk of a court that collects a fee imposed under
12-14 Subsection (c)(2) shall deposit the fee to be sent to the
12-15 comptroller as provided by Subchapter B, Chapter 133, Local
12-16 Government Code [remit the fee to the comptroller], and the
12-17 comptroller shall deposit the fee into the general revenue fund.
12-18 In requiring the payment of a fee under Subsection (c)(2), the
12-19 judge shall consider fines, fees, and other necessary expenses for
12-20 which the defendant is obligated in establishing the amount of the
12-21 fee. The judge may not:
12-22 (1) establish the fee in an amount that is greater
12-23 than 25 percent of the defendant's gross income while the defendant
12-24 is a participant in residential aftercare; or
12-25 (2) require the defendant to pay the fee at any time
12-26 other than a time at which the defendant is both employed and a
12-27 participant in residential aftercare.
13-1 SECTION 3. Section 19(f), Article 42.12, Code of Criminal
13-2 Procedure, is amended to read as follows:
13-3 (f) A community corrections and supervision department shall
13-4 deposit the [remit] fees collected under Subsection (e) of this
13-5 section to be sent to the comptroller as provided by Subchapter B,
13-6 Chapter 133, Local Government Code. The comptroller shall deposit
13-7 the fee in the special revenue fund to the credit of the sexual
13-8 assault program established under Section 44.0061, Health and
13-9 Safety Code.
13-10 SECTION 4. Article 45.048, Code of Criminal Procedure, is
13-11 amended to read as follows:
13-12 Art. 45.048. DISCHARGED FROM JAIL. A defendant placed in
13-13 jail on account of failure to pay the fine and costs shall be
13-14 discharged on habeas corpus by showing that the defendant:
13-15 (1) is too poor to pay the fine and costs; or
13-16 (2) has remained in jail a sufficient length of time
13-17 to satisfy the fine and costs, at the rate of not less than $50
13-18 [$100] for each day or part of a day of jail time served.
13-19 SECTION 5. Article 45.049(e), Code of Criminal Procedure, is
13-20 amended to read as follows:
13-21 (e) A defendant is considered to have discharged no less
13-22 than $50 [$100] of fines or costs for each eight hours of community
13-23 service performed under this article.
13-24 SECTION 6. Article 102.004, Code of Criminal Procedure, is
13-25 amended by adding Subsection (c) to read as follows:
13-26 (c) In this article, conviction has the meaning assigned by
13-27 Section 133.101, Local Government Code.
14-1 SECTION 7. Article 102.011, Code of Criminal Procedure, is
14-2 amended by adding Subsection (j) to read as follows:
14-3 (j) In this article, conviction has the meaning assigned by
14-4 Section 133.101, Local Government Code.
14-5 SECTION 8. Article 102.014(c), Code of Criminal Procedure, is
14-6 amended to read as follows:
14-7 (c) A person convicted of an offense under Subtitle C, Title
14-8 7, Transportation Code, when the offense occurs within a school
14-9 crossing zone as defined by Section 541.302 of that code, shall pay
14-10 as court costs $25 in addition to other taxable court costs. A
14-11 person convicted of an offense under Section 545.066,
14-12 Transportation Code, shall pay as court costs $25 in addition to
14-13 other taxable court costs. The additional court costs under this
14-14 subsection shall be collected in the same manner that other fines
14-15 and taxable court costs in the case are collected and shall be
14-16 assessed only in a municipality [with a population of 400,000 or
14-17 more].
14-18 SECTION 9. Section 51.702(d), Government Code, is amended to
14-19 read as follows:
14-20 (d) The clerk shall deposit [send] the fees and costs
14-21 collected under this section to be sent to the comptroller as
14-22 provided by Subchapter B, Chapter 133, Local Government Code [at
14-23 least as frequently as monthly]. The comptroller shall deposit the
14-24 fees in the judicial fund.
14-25 SECTION 10. Section 51.703(d), Government Code, is amended to
14-26 read as follows:
14-27 (d) The clerk shall deposit [send] the fees and costs
15-1 collected under this section to be sent to the comptroller as
15-2 provided by Subchapter B, Chapter 133, Local Government Code [at
15-3 least as frequently as monthly]. The comptroller shall deposit the
15-4 fees in the judicial fund.
15-5 SECTION 11. Section 51.704(c), Government Code, is amended to
15-6 read as follows:
15-7 (c) The clerk shall deposit [send] the fees and costs
15-8 collected under this section to be sent to the comptroller as
15-9 provided by Subchapter B, Chapter 133, Local Government Code [at
15-10 least as frequently as monthly]. The comptroller shall deposit the
15-11 fees in the judicial fund.
15-12 SECTION 12. Section 51.941, Government Code, is amended to
15-13 read as follows:
15-14 Sec. 51.941. ADDITIONAL FILING FEE IN APPELLATE COURTS FOR
15-15 BASIC CIVIL LEGAL SERVICES FOR INDIGENTS. (a) In addition to other
15-16 fees authorized or required by law, the clerk of the supreme court
15-17 and courts of appeals [each court] shall collect a $25 fee [the
15-18 following fees] on the filing of any civil action or proceeding
15-19 requiring a filing fee, including an appeal, and on the filing of
15-20 any counterclaim, cross-action, intervention, interpleader, or
15-21 third-party action requiring a filing fee[:]
15-22 [(1) supreme court and courts of appeals ........ $25;]
15-23 [(2) district courts, for other than divorce and other
15-24 family law matters ........................................... $10;]
15-25 [(3) district courts, divorce and other family law
15-26 matters ....................................................... $5;]
15-27 [(4) statutory and constitutional county courts .. $5;]
16-1 [(5) justice of the peace courts ................ $2].
16-2 (b) Court fees under this section [subchapter] shall be
16-3 collected in the same manner as other fees, fines, or costs in the
16-4 case.
16-5 (c) The clerk shall send the fees collected under this
16-6 section [Subsection (a)(1)] to the comptroller not later than the
16-7 last day of the month following [10th day after the end of] each
16-8 calendar quarter.
16-9 (d) [The clerk shall remit the fees collected under
16-10 Subsections (a)(2)-(5) at least as frequently as monthly to the
16-11 county treasurer or the person who performs the duties of the
16-12 county treasurer. The county treasurer or the person performing
16-13 the duties of the county treasurer shall keep a record of the
16-14 amount of money received under this subsection. The county
16-15 treasurer or the person who performs the duties of the county
16-16 treasurer shall remit the fees collected, minus an amount ordered
16-17 retained by the county commissioners court as provided by
16-18 Subsection (e), to the comptroller not later than the 10th day
16-19 after the end of each quarter.]
16-20 [(e) The commissioners court by order may require the county
16-21 treasurer or the person who performs the duties of the county
16-22 treasurer to deposit in the county's general revenue account five
16-23 percent of the fees collected under Subsections (a)(2)-(5) to
16-24 reimburse the county for the expense of collecting and remitting
16-25 the fees collected under Subsections (a)(2)-(5).]
16-26 [(f)] The comptroller shall deposit the fees received under
16-27 this section to the credit of the basic civil legal services
17-1 account of the judicial fund for use in programs approved by the
17-2 supreme court that provide basic civil legal services to the
17-3 indigent.
17-4 (e) [(g)] In this section, "indigent" [:]
17-5 [(1) "Family law matters" has the meaning assigned
17-6 "family law cases and proceedings" by Section 25.0002.]
17-7 [(2) "Indigent"] means an individual who earns not
17-8 more than 125 percent of the income standard established by
17-9 applicable federal poverty guidelines.
17-10 SECTION 13. Section 118.015(b), Local Government Code, is
17-11 amended to read as follows:
17-12 (b) A county clerk who collects a fee under this section for
17-13 a certified copy of a birth certificate shall deposit the fee into
17-14 the county treasury. The state's portion of the fee shall be sent
17-15 [deduct 20 cents of that fee to apply to the clerk's administrative
17-16 costs and remit $1.80 of that fee] to the comptroller as provided
17-17 by Subchapter B, Chapter 133, for deposit in the work and family
17-18 policies fund.
17-19 SECTION 14. Section 118.018(c), Local Government Code, is
17-20 amended to read as follows:
17-21 (c) A county clerk who collects a fee under this section
17-22 from a marriage license applicant shall deposit [remit] $3 of that
17-23 fee to be sent to the comptroller as provided by Subchapter B,
17-24 Chapter 133, for deposit in the family trust fund established under
17-25 Section 2.014, Family Code.
17-26 SECTION 15. Section 118.022(a), Local Government Code, is
17-27 amended to read as follows:
18-1 (a) The county clerk shall deposit, as provided by
18-2 Subchapter B, Chapter 133, [not later than the 10th day of each
18-3 month, send to the comptroller of public accounts] $12.50 of each
18-4 fee collected [during the preceding month] for issuance of a
18-5 marriage license or declaration of informal marriage to be sent to
18-6 the comptroller and deposited as provided by Subsection (b).
18-7 SECTION 16. Section 542.403, Transportation Code, is amended
18-8 by adding Subsection (c) to read as follows:
18-9 (c) In this section, conviction has the meaning assigned by
18-10 Section 133.101, Local Government Code.
18-11 SECTION 17. Section 621.506, Transportation Code, is amended
18-12 by amending Subsection (g) and adding Subsection (h) to read as
18-13 follows:
18-14 (g) Except as provided by Subsection (h), a [A] governmental
18-15 entity that collects a fine under this section for an offense
18-16 involving a vehicle having a gross weight that is more than 5,000
18-17 pounds heavier than the vehicle's allowable gross weight shall send
18-18 an amount equal to 50 percent of the fine to the comptroller in the
18-19 manner provided by Subchapter B, Chapter 133, Local Government
18-20 Code.
18-21 (h) If [unless] the offense described by Subsection (g)
18-22 occurred within 20 miles of an international border, [in which
18-23 event] the entire amount of the fine shall be deposited for the
18-24 purposes of road maintenance in:
18-25 (1) the municipal treasury, if the fine was imposed by
18-26 a municipal court; or
18-27 (2) the county treasury, if the fine was imposed by a
19-1 justice court.
19-2 SECTION 18. Section 706.006(a), Transportation Code, is
19-3 amended to read as follows:
19-4 (a) Unless a person has been acquitted of the offense for
19-5 which the person failed to appear for a complaint, citation, or
19-6 court order to pay a fine involving a violation of [a traffic law
19-7 or] an offense described by Section 706.002(a) [706.002(a)(2), (3),
19-8 or (4)], the political subdivision shall require the person to pay
19-9 an administrative fee of $30 for each complaint, citation, or court
19-10 order reported to the department under this chapter [violation for
19-11 which the person failed to appear].
19-12 SECTION 19. Sections 706.007(a), (b), and (c),
19-13 Transportation Code, are amended to read as follows:
19-14 (a) An officer collecting a fee under Section 706.006 shall
19-15 keep records and deposit the money as provided by Subchapter B,
19-16 Chapter 133, Local Government Code [:]
19-17 [(1) keep separate records of the money; and]
19-18 [(2) deposit the money in the appropriate municipal or
19-19 county treasury].
19-20 (b) The custodian of the municipal or county treasury may[:]
19-21 [(1)] deposit each fee collected under Section 706.006
19-22 as provided by Subchapter B, Chapter 133, Local Government Code [in
19-23 an interest-bearing account; and]
19-24 [(2) retain for the municipality or county the
19-25 interest earned on money in the account].
19-26 (c) The custodian shall keep records of money received and
19-27 disbursed under this section as provided by Subchapter B, Chapter
20-1 133, Local Government Code, and shall provide an annual report, in
20-2 the form approved by the comptroller, of all money received and
20-3 disbursed under this section to:
20-4 (1) the comptroller;
20-5 (2) the department; and
20-6 (3) another entity as provided by interlocal contract.
20-7 SECTION 20. The following are repealed:
20-8 (1) Article 56.55, Code of Criminal Procedure;
20-9 (2) Article 56.56, Code of Criminal Procedure;
20-10 (3) Article 56.57, Code of Criminal Procedure;
20-11 (4) Article 56.59, Code of Criminal Procedure;
20-12 (5) Articles 102.011(f)-(h), Code of Criminal
20-13 Procedure;
20-14 (6) Article 102.019, Code of Criminal Procedure;
20-15 (7) Article 102.075, Code of Criminal Procedure;
20-16 (8) Section 51.701, Government Code;
20-17 (9) Section 51.921, Government Code;
20-18 (10) Sections 56.001(b)-(h), Government Code; and
20-19 (11) Section 61.003, Government Code.
20-20 SECTION 21. (a) This Act takes effect January 1, 2002.
20-21 (b) 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 the 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
20-27 date of this Act is governed by the law in effect at the time the
21-1 conduct occurred, and that law is continued in effect for that
21-2 purpose.