1-1 By: Armbrister S.B. No. 1378
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on Finance; April 24, 2001,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 10, Nays 0; April 24, 2001, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1378 By: Zaffirini
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to criminal and civil fees.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subtitle C, Title 4, Local Government Code, is
1-12 amended by adding Chapter 133 to read as follows:
1-13 CHAPTER 133. CRIMINAL AND CIVIL FEES PAYABLE TO THE COMPTROLLER
1-14 SUBCHAPTER A. GENERAL PROVISIONS
1-15 Sec. 133.001. PURPOSE. The purpose of this chapter is to
1-16 consolidate and standardize:
1-17 (1) the collection of fees in criminal and civil
1-18 matters by:
1-19 (A) an officer of a court for deposit in a
1-20 county or municipal treasury; or
1-21 (B) an officer of a county or municipality for
1-22 deposit in the county or municipal treasury, as appropriate;
1-23 (2) the remission of those fees to the comptroller as
1-24 required by this chapter and other law; and
1-25 (3) the distribution of those fees by the comptroller
1-26 to the proper accounts and funds in the state treasury.
1-27 Sec. 133.002. DEFINITIONS. In this chapter:
1-28 (1) "Fee" means:
1-29 (A) a criminal fee listed under Section 133.003;
1-30 and
1-31 (B) a civil fee listed under Section 133.004.
1-32 (2) "Indigent" means an individual who earns not more
1-33 than 125 percent of the income standard established by applicable
1-34 federal poverty guidelines.
1-35 (3) "Treasurer" means the custodian of money in a
1-36 municipal or county treasury, as appropriate.
1-37 Sec. 133.003. CRIMINAL FEES. This chapter applies to the
1-38 following criminal fees:
1-39 (1) the consolidated fee imposed under Section
1-40 133.102;
1-41 (2) the time payment fee imposed under Section
1-42 133.103;
1-43 (3) fees for services of peace officers employed by
1-44 the state imposed under Article 102.011, Code of Criminal
1-45 Procedure, and forwarded to the comptroller as provided by Section
1-46 133.104;
1-47 (4) costs on conviction imposed in certain statutory
1-48 county courts under Section 51.702, Government Code, and deposited
1-49 in the judicial fund;
1-50 (5) costs on conviction imposed in certain county
1-51 courts under Section 51.703, Government Code, and deposited in the
1-52 judicial fund;
1-53 (6) the administrative fee for failure to appear
1-54 imposed under Section 706.006, Transportation Code; and
1-55 (7) fines on conviction collected under Section
1-56 621.506(g), Transportation Code.
1-57 Sec. 133.004. CIVIL FEES. This chapter applies to the
1-58 following civil fees:
1-59 (1) the consolidated fee on filing in district courts
1-60 imposed under Section 133.151;
1-61 (2) the filing fee in courts other than district court
1-62 for basic civil legal services for indigents imposed under Section
1-63 133.152;
1-64 (3) the filing fees for the judicial fund imposed in
2-1 certain statutory county courts under Section 51.702, Government
2-2 Code;
2-3 (4) the filing fees for the judicial fund imposed in
2-4 certain county courts under Section 51.703, Government Code;
2-5 (5) the filing fees for the judicial fund imposed in
2-6 certain statutory probate courts under Section 51.704, Government
2-7 Code;
2-8 (6) birth certificate fees for the work and family
2-9 policies fund collected under Section 118.015, Local Government
2-10 Code;
2-11 (7) marriage license fees for the family trust fund
2-12 collected under Section 118.018, Local Government Code; and
2-13 (8) marriage license or declaration of informal
2-14 marriage fees for the children's trust fund collected under Section
2-15 118.022, Local Government Code.
2-16 (Sections 133.005-133.050 reserved for expansion
2-17 SUBCHAPTER B. REPORTING, COLLECTION, AND REMISSION OF FEES
2-18 Sec. 133.051. COLLECTION AND REMISSION OF FEES. A
2-19 municipality or county shall collect, record, account for, and
2-20 remit to the comptroller all state criminal and civil fees in the
2-21 manner provided by this subchapter.
2-22 Sec. 133.052. DEPOSIT OF FEES. (a) An officer collecting a
2-23 fee in a case in municipal court shall deposit the money in the
2-24 municipal treasury.
2-25 (b) An officer collecting a fee in a justice, county, or
2-26 district court shall deposit the money in the county treasury.
2-27 (c) A municipal or county clerk collecting a fee shall
2-28 deposit the money in the municipal or county treasury, as
2-29 appropriate.
2-30 Sec. 133.053. INTEREST-BEARING ACCOUNT. (a) The treasurer
2-31 may deposit fees in an interest-bearing account.
2-32 (b) The municipality or county may retain any interest
2-33 accrued on the money the treasurer deposited in the treasury if the
2-34 treasurer remits the funds to the comptroller within the period
2-35 prescribed by Section 133.055.
2-36 Sec. 133.054. RECORDS. (a) An officer or clerk collecting
2-37 a fee shall keep a record of the money collected.
2-38 (b) The treasurer shall keep a record of the money collected
2-39 and that is on deposit in the treasury.
2-40 Sec. 133.055. QUARTERLY REMISSION OF FEES TO THE
2-41 COMPTROLLER. On or before the last day of the month following each
2-42 calendar quarter, the treasurer or custodian of the treasury for a
2-43 municipality or a county shall:
2-44 (1) remit to the comptroller the funds from all fees
2-45 collected during the preceding quarter; and
2-46 (2) submit to the comptroller the report required
2-47 under Section 133.056 for criminal fees and Section 133.057 for
2-48 civil fees.
2-49 Sec. 133.056. QUARTERLY REPORT FOR CRIMINAL FEES. (a) On
2-50 the last day of the month following a calendar quarter, the
2-51 treasurer shall report the criminal fees collected for the
2-52 preceding calendar quarter.
2-53 (b) For fees collected for convictions occurring on or after
2-54 January 1, 2002, a municipality or county shall report the fees
2-55 collected for a quarter categorized according to the class of
2-56 offense.
2-57 (c) For fees collected for convictions occurring before
2-58 January 1, 2002, a municipality or county shall report the total of
2-59 fees collected for a quarter categorized according to the time
2-60 period collected.
2-61 Sec. 133.057. QUARTERLY REPORT FOR CIVIL FEES. On the last
2-62 day of the month following a calendar quarter, the treasurer shall
2-63 report the civil fees collected for the preceding calendar quarter.
2-64 Sec. 133.058. PORTION OF FEE RETAINED. (a) Except as
2-65 provided by Subsection (b), a municipality or county may retain 10
2-66 percent of the money collected from fees as a service fee for the
2-67 collection if the municipality or county remits the funds to the
2-68 comptroller within the period prescribed by Section 133.055.
2-69 (b) A municipality or county may retain an amount greater
3-1 than 10 percent of the money collected from fees if retention of
3-2 the greater amount is authorized by law.
3-3 Sec. 133.059. AUDIT. The comptroller may audit the records
3-4 of a county or municipality relating to fees collected under this
3-5 chapter, and the money spent is subject to audit by the state
3-6 auditor.
3-7 (Sections 133.060-133.100 reserved for expansion
3-8 SUBCHAPTER C. CRIMINAL FEES
3-9 Sec. 133.101. MEANING OF CONVICTION. In this subchapter, a
3-10 person is considered to have been convicted in a case if:
3-11 (1) a judgment, a sentence, or both a judgment and a
3-12 sentence are imposed on the person;
3-13 (2) the person receives community supervision,
3-14 deferred adjudication, or deferred disposition; or
3-15 (3) the court defers final disposition of the case or
3-16 imposition of the judgment and sentence.
3-17 Sec. 133.102. CONSOLIDATED FEES ON CONVICTION. (a) A
3-18 person convicted of an offense shall pay, in addition to all other
3-19 costs:
3-20 (1) $133.00 as a court cost on conviction of a felony;
3-21 (2) $83.00 as a court cost on conviction of a Class A
3-22 or B misdemeanor; or
3-23 (3) $40.00 as a court cost on conviction of a Class C
3-24 misdemeanor.
3-25 (b) The fees under Subsection (a) shall be collected and
3-26 remitted to the comptroller in the manner provided by Subchapter B.
3-27 (c) The money collected under this section for offenses on
3-28 or after January 1, 2002, shall be in the amounts distributed in
3-29 accordance with Subsection (a) and allocated according to the
3-30 percentages provided in Subsection (d). If any new court costs are
3-31 added or the amounts changed under this section, the amounts in
3-32 Subsection (a) and the percentages in Subsection (d) shall change
3-33 accordingly. The money collected for offenses before January 1,
3-34 2002, shall be distributed using historical data so that each
3-35 account or fund receives the same amount of money the account or
3-36 fund would have received if the fees for the accounts and funds had
3-37 been collected and reported separately.
3-38 (d) The comptroller shall allocate the fees received under
3-39 this section to the following accounts and funds so that each
3-40 receives to the extent practicable, utilizing historical data as
3-41 applicable, the same amount of money the account or fund would have
3-42 received if the fees for the accounts and funds had been collected
3-43 and reported separately, except that in no event shall the account
3-44 or fund receive less than the following percentages:
3-45 (1) abused children's counseling, 0.0086 percent;
3-46 (2) crime stoppers assistance, 0.2582 percent;
3-47 (3) breath alcohol testing, 0.5509 percent;
3-48 (4) Bill Blackwood Law Enforcement Management
3-49 Institute of Texas, 2.1693 percent;
3-50 (5) law enforcement officers standards and education,
3-51 5.0055 percent;
3-52 (6) comprehensive rehabilitation, 5.3239 percent;
3-53 (7) operator's and chauffeur's license, 11.1473
3-54 percent;
3-55 (8) criminal justice planning, 12.5589 percent;
3-56 (9) an account in the state treasury to be used only
3-57 for the establishment and operation of the Center for the Study and
3-58 Prevention of Juvenile Crime and Delinquency at Prairie View A&M
3-59 University, 0.6036 percent;
3-60 (10) compensation to victims of crime fund, 38.2478
3-61 percent;
3-62 (11) fugitive apprehension account, 12.0727 percent;
3-63 (12) judicial and court personnel training fund,
3-64 4.8290 percent;
3-65 (13) misdemeanor-general revenue, 7.2243 percent; and
3-66 (14) an account in the state treasury to be used for
3-67 the establishment and operation of the Correctional Management
3-68 Institute of Texas and Criminal Justice Center account.
3-69 Sec. 133.103. TIME PAYMENT FEE. (a) A person convicted of
4-1 an offense shall pay, in addition to all other costs, a fee of $25
4-2 if the person:
4-3 (1) has been convicted of a felony or misdemeanor; and
4-4 (2) pays any part of a fine, court costs, or
4-5 restitution on or after the 31st day after the date on which a
4-6 judgment is entered assessing the fine, court costs, or
4-7 restitution.
4-8 (b) The treasurer shall send 50 percent of the fees
4-9 collected under this section to the comptroller. The comptroller
4-10 shall deposit the fees received to the credit of the general
4-11 revenue fund.
4-12 (c) The treasurer shall deposit 10 percent of the fees
4-13 collected under this section in the general fund of the county or
4-14 municipality for the purpose of improving the efficiency of the
4-15 administration of justice in the county or municipality. The
4-16 county or municipality shall reserve the 10 percent for and
4-17 prioritize the needs of the judicial officer or elected officer who
4-18 collected the fees when making expenditures under this subsection.
4-19 (d) The treasurer shall deposit the remainder of the fees
4-20 collected under this section in the general revenue account of the
4-21 county or municipality.
4-22 Sec. 133.104. FEES FOR SERVICES OF PEACE OFFICERS EMPLOYED
4-23 BY THE STATE. (a) Fees imposed under Article 102.011, Code of
4-24 Criminal Procedure, for services performed by peace officers
4-25 employed by the state shall be forwarded to the comptroller after
4-26 deducting four-fifths of the amount of each fee received for a
4-27 service performed under Subsection (a)(1) or (2) of that article,
4-28 in a manner directed by the comptroller.
4-29 (b) The comptroller shall credit fees received under
4-30 Subsection (a) to the general revenue fund.
4-31 (Sections 133.105-133.150 reserved for expansion
4-32 SUBCHAPTER D. CIVIL FEES
4-33 Sec. 133.151. CONSOLIDATED CIVIL FEE ON FILING IN DISTRICT
4-34 COURTS. (a) In addition to each fee collected under Section
4-35 51.317(b)(1), Government Code, the clerk of a district court shall
4-36 collect the following fees on the filing of any civil suit:
4-37 (1) $45 for family law cases and proceedings as
4-38 defined by Section 25.0002, Government Code; and
4-39 (2) $50 for any case other than a case described by
4-40 Subdivision (1).
4-41 (b) The fees under Subsection (a) shall be collected and
4-42 remitted to the comptroller in the manner provided by Subchapter B.
4-43 (c) The comptroller shall allocate the fees received under
4-44 this section to the following accounts and funds so that each
4-45 receives to the extent practicable, utilizing historical data as
4-46 applicable, the same amount of money the account or fund would have
4-47 received if the fees for the accounts and funds had been collected
4-48 and reported separately:
4-49 (1) judicial fund to be used for court-related
4-50 purposes for the support of the judiciary; and
4-51 (2) the basic civil legal services account of the
4-52 judicial fund for use in programs approved by the supreme court
4-53 that provide basic civil legal services to an indigent.
4-54 Sec. 133.152. FILING FEES IN DISTRICT COURT FOR BASIC CIVIL
4-55 LEGAL SERVICES FOR INDIGENTS. (a) In addition to other fees
4-56 authorized or required by law, the clerk of a district court shall
4-57 collect the following fees on the filing of any civil action or
4-58 proceeding requiring a filing fee, including an appeal, and on the
4-59 filing of any counterclaim, cross action, intervention,
4-60 interpleader, or third-party action requiring a filing fee:
4-61 (1) $5 in family law cases and proceedings as defined
4-62 by Section 25.0002, Government Code; and
4-63 (2) $10 in any case other than a case described by
4-64 Subdivision (1).
4-65 (b) The fees under this section shall be collected and
4-66 remitted to the comptroller in the manner provided by Subchapter B.
4-67 (c) The comptroller shall deposit the fees to the credit of
4-68 the basic civil legal services account of the judicial fund for use
4-69 in programs approved by the supreme court that provide basic civil
5-1 legal services to an indigent.
5-2 Sec. 133.153. FILING FEES IN COURTS OTHER THAN DISTRICT
5-3 COURT FOR BASIC CIVIL LEGAL SERVICES FOR INDIGENTS. (a) In
5-4 addition to other fees authorized or required by law, the clerk of
5-5 a court other than a district court, the courts of appeals, or the
5-6 supreme court, shall collect the following fees on the filing of
5-7 any civil action or proceeding requiring a filing fee, including an
5-8 appeal, and on the filing of any counterclaim, cross action,
5-9 intervention, interpleader, or third-party action requiring a
5-10 filing fee:
5-11 (1) $5 for statutory and constitutional county courts;
5-12 and
5-13 (2) $2 for justice of the peace courts.
5-14 (b) The fees shall be collected and remitted to the
5-15 comptroller in the manner provided by Subchapter B.
5-16 (c) The comptroller shall deposit the fees to the credit of
5-17 the basic civil legal services account of the judicial fund for use
5-18 in programs approved by the supreme court that provide basic civil
5-19 legal services to an indigent.
5-20 SECTION 2. Subsection (e), Section 14, Article 42.12, Code
5-21 of Criminal Procedure, is amended to read as follows:
5-22 (e) The clerk of a court that collects a fee imposed under
5-23 Subsection (c)(2) shall deposit fees collected under this section
5-24 to be sent [remit the fee] to the comptroller as provided by
5-25 Subchapter B, Chapter 133, Local Government Code, and the
5-26 comptroller shall deposit the fee into the general revenue fund.
5-27 In requiring the payment of a fee under Subsection (c)(2), the
5-28 judge shall consider fines, fees, and other necessary expenses for
5-29 which the defendant is obligated in establishing the amount of the
5-30 fee. The judge may not:
5-31 (1) establish the fee in an amount that is greater
5-32 than 25 percent of the defendant's gross income while the defendant
5-33 is a participant in residential aftercare; or
5-34 (2) require the defendant to pay the fee at any time
5-35 other than a time at which the defendant is both employed and a
5-36 participant in residential aftercare.
5-37 SECTION 3. Subsection (f), Section 19, Article 42.12, Code
5-38 of Criminal Procedure, is amended to read as follows:
5-39 (f) A community corrections and supervision department shall
5-40 deposit [remit] fees collected under [Subsection (e) of] this
5-41 section to be sent to the comptroller as provided by Subchapter B,
5-42 Chapter 133, Local Government Code. The comptroller shall deposit
5-43 the fee in the special revenue fund to the credit of the sexual
5-44 assault program established under Section 44.0061, Health and
5-45 Safety Code.
5-46 SECTION 4. Article 45.048, Code of Criminal Procedure, is
5-47 amended to read as follows:
5-48 Art. 45.048. DISCHARGED FROM JAIL. A defendant placed in
5-49 jail on account of failure to pay the fine and costs shall be
5-50 discharged on habeas corpus by showing that the defendant:
5-51 (1) is too poor to pay the fine and costs; or
5-52 (2) has remained in jail a sufficient length of time
5-53 to satisfy the fine and costs, at the rate of not less than $50
5-54 [$100] for each day or part of a day of jail time served.
5-55 SECTION 5. Subsection (e), Article 45.049, Code of Criminal
5-56 Procedure, is amended to read as follows:
5-57 (e) A defendant is considered to have discharged not less
5-58 than $50 [$100] of fines or costs for each eight hours of community
5-59 service performed under this article.
5-60 SECTION 6. Article 102.004, Code of Criminal Procedure, is
5-61 amended by adding Subsection (c) to read as follows:
5-62 (c) In this article, conviction has the meaning assigned by
5-63 Section 133.101, Local Government Code.
5-64 SECTION 7. Article 102.011, Code of Criminal Procedure, is
5-65 amended by adding Subsection (j) to read as follows:
5-66 (j) In this article, conviction has the meaning assigned by
5-67 Section 133.101, Local Government Code.
5-68 SECTION 8. Subsection (c), Article 102.014, Code of Criminal
5-69 Procedure, is amended to read as follows:
6-1 (c) A person convicted of an offense under Subtitle C, Title
6-2 7, Transportation Code, when the offense occurs within a school
6-3 crossing zone as defined by Section 541.302 of that code, shall pay
6-4 as court costs $25 in addition to other taxable court costs. A
6-5 person convicted of an offense under Section 545.066,
6-6 Transportation Code, shall pay as court costs $25 in addition to
6-7 other taxable court costs. The additional court costs under this
6-8 subsection shall be collected in the same manner that other fines
6-9 and taxable court costs in the case are collected and shall be
6-10 assessed only in a municipality [with a population of 400,000 or
6-11 more].
6-12 SECTION 9. Article 102.075, Code of Criminal Procedure, is
6-13 amended by amending Subsection (m) and adding Subsection (n) to
6-14 read as follows:
6-15 (m) In addition to the cost on conviction imposed by
6-16 Subsection (a), a person convicted of an offense described by
6-17 Subsection (a) shall pay 50 [25] cents on conviction of the
6-18 offense. The comptroller shall deposit money received under this
6-19 subsection to the credit of an account in the state treasury to be
6-20 used only for the establishment and operation of the Center for the
6-21 Study and Prevention of Juvenile Crime and Delinquency at Prairie
6-22 View A&M University. Subsection (h) does not apply to money
6-23 received under this subsection.
6-24 (n) In addition to the costs on conviction imposed by
6-25 Subsections (a) and (m), a person convicted of an offense described
6-26 by Subsection (a) shall pay 50 cents on conviction of the offense.
6-27 The comptroller shall deposit money received under this subsection
6-28 to the credit of an account in the state treasury to be used only
6-29 for the establishment and operation of the Correctional Management
6-30 Institute of Texas and Criminal Justice Center account. Subsection
6-31 (h) does not apply to money received under this subsection.
6-32 SECTION 10. Subsection (d), Section 51.702, Government Code,
6-33 is amended to read as follows:
6-34 (d) The clerk shall deposit [send] the fees and costs
6-35 collected under this section to be sent to the comptroller as
6-36 provided by Subchapter B, Chapter 133, Local Government Code [at
6-37 least as frequently as monthly]. The comptroller shall deposit the
6-38 fees in the judicial fund.
6-39 SECTION 11. Subsection (d), Section 51.703, Government Code,
6-40 is amended to read as follows:
6-41 (d) The clerk shall deposit [send] the fees and costs
6-42 collected under this section to be sent to the comptroller as
6-43 provided by Subchapter B, Chapter 133, Local Government Code [at
6-44 least as frequently as monthly]. The comptroller shall deposit the
6-45 fees in the judicial fund.
6-46 SECTION 12. Subsection (c), Section 51.704, Government Code,
6-47 is amended to read as follows:
6-48 (c) The clerk shall deposit [send] the fees and costs
6-49 collected under this section to be sent to the comptroller as
6-50 provided by Subchapter B, Chapter 133, Local Government Code [at
6-51 least as frequently as monthly]. The comptroller shall deposit the
6-52 fees in the judicial fund.
6-53 SECTION 13. Section 51.941, Government Code, is amended to
6-54 read as follows:
6-55 Sec. 51.941. ADDITIONAL FILING FEE IN APPELLATE COURTS FOR
6-56 BASIC CIVIL LEGAL SERVICES FOR INDIGENTS. (a) In addition to
6-57 other fees authorized or required by law, the clerk of the supreme
6-58 court and courts of appeals [each court] shall collect a $25 fee
6-59 [the following fees] on the filing of any civil action or
6-60 proceeding requiring a filing fee, including an appeal, and on the
6-61 filing of any counterclaim, cross-action, intervention,
6-62 interpleader, or third-party action requiring a filing fee[:]
6-63 [(1) supreme court and courts of appeals ........ $25;]
6-64 [(2) district courts, for other than divorce and other
6-65 family law matters ........................................... $10;]
6-66 [(3) district courts, divorce and other family law
6-67 matters ....................................................... $5;]
6-68 [(4) statutory and constitutional county courts .. $5;]
6-69 [(5) justice of the peace courts ................ $2].
7-1 (b) Court fees under this section [subchapter] shall be
7-2 collected in the same manner as other fees, fines, or costs in the
7-3 case.
7-4 (c) The clerk shall send the fees collected under this
7-5 section [Subsection (a)(1)] to the comptroller not later than the
7-6 last day of the month following [10th day after the end of] each
7-7 calendar quarter.
7-8 (d) [The clerk shall remit the fees collected under
7-9 Subsections (a)(2)-(5) at least as frequently as monthly to the
7-10 county treasurer or the person who performs the duties of the
7-11 county treasurer. The county treasurer or the person performing
7-12 the duties of the county treasurer shall keep a record of the
7-13 amount of money received under this subsection. The county
7-14 treasurer or the person who performs the duties of the county
7-15 treasurer shall remit the fees collected, minus an amount ordered
7-16 retained by the county commissioners court as provided by
7-17 Subsection (e), to the comptroller not later than the 10th day
7-18 after the end of each quarter.]
7-19 [(e) The commissioners court by order may require the county
7-20 treasurer or the person who performs the duties of the county
7-21 treasurer to deposit in the county's general revenue account five
7-22 percent of the fees collected under Subsections (a)(2)-(5) to
7-23 reimburse the county for the expense of collecting and remitting
7-24 the fees collected under Subsections (a)(2)-(5).]
7-25 [(f)] The comptroller shall deposit the fees received under
7-26 this section to the credit of the basic civil legal services
7-27 account of the judicial fund for use in programs approved by the
7-28 supreme court that provide basic civil legal services to the
7-29 indigent.
7-30 (e) [(g)] In this section, "indigent"[:]
7-31 [(1) "Family law matters" has the meaning assigned
7-32 "family law cases and proceedings" by Section 25.0002.]
7-33 [(2) "Indigent"] means an individual who earns not
7-34 more than 125 percent of the income standard established by
7-35 applicable federal poverty guidelines.
7-36 SECTION 14. Subsection (b), Section 118.015, Local
7-37 Government Code, is amended to read as follows:
7-38 (b) A county clerk who collects a fee under this section for
7-39 a certified copy of a birth certificate shall deposit the [deduct
7-40 20 cents of that fee to apply to the clerk's administrative costs
7-41 and remit $1.80 of that] fee collected into the county treasury.
7-42 The state's portion of the fee shall be sent to the comptroller as
7-43 provided by Subchapter B, Chapter 133, Local Government Code, for
7-44 deposit in the work and family policies fund.
7-45 SECTION 15. Subsection (c), Section 118.018, Local
7-46 Government Code, is amended to read as follows:
7-47 (c) A county clerk who collects a fee under this section
7-48 from a marriage license applicant shall deposit [remit] $3 of that
7-49 fee to be sent to the comptroller as provided by Subchapter B,
7-50 Chapter 133, Local Government Code, for deposit in the family trust
7-51 fund established under Section 2.014, Family Code.
7-52 SECTION 16. Subsection (a), Section 118.022, Local
7-53 Government Code, is amended to read as follows:
7-54 (a) The county clerk shall deposit, as provided by
7-55 Subchapter B, Chapter 133, Local Government Code, [not later than
7-56 the 10th day of each month, send to the comptroller of public
7-57 accounts] $12.50 of each fee collected [during the preceding month]
7-58 for issuance of a marriage license or declaration of informal
7-59 marriage to be sent to the comptroller and deposited as provided by
7-60 Subsection (b).
7-61 SECTION 17. Section 542.403, Transportation Code, is amended
7-62 by adding Subsection (c) to read as follows:
7-63 (c) In this section, conviction has the meaning assigned by
7-64 Section 133.101, Local Government Code.
7-65 SECTION 18. Subsection (a), Section 706.006, Transportation
7-66 Code, is amended to read as follows:
7-67 (a) Unless a person has been acquitted of the offense for
7-68 which the person failed to appear for a complaint, citation, or
7-69 court order to pay a fine involving a violation of a traffic law or
8-1 an offense described by Section 706.002(a)(2), (3), or (4), the
8-2 political subdivision shall require the person to pay an
8-3 administrative fee of $30 for each complaint, citation, or court
8-4 order [violation] for which the person failed to appear.
8-5 SECTION 19. Subsections (a), (b), and (c), Section 706.007,
8-6 Transportation Code, are amended to read as follows:
8-7 (a) An officer collecting a fee under Section 706.006 shall
8-8 keep records and deposit the money as provided by Subchapter B,
8-9 Chapter 133, Local Government Code[:]
8-10 [(1) keep separate records of the money; and]
8-11 [(2) deposit the money in the appropriate municipal or
8-12 county treasury].
8-13 (b) The custodian of the municipal or county treasury may[:]
8-14 [(1)] deposit each fee collected under Section 706.006
8-15 as provided by Subchapter B, Chapter 133, Local Government Code [in
8-16 an interest-bearing account; and]
8-17 [(2) retain for the municipality or county the
8-18 interest earned on money in the account].
8-19 (c) The custodian shall keep records of money received and
8-20 disbursed under this section as provided by Subchapter B, Chapter
8-21 133, Local Government Code, and shall provide an annual report, in
8-22 the form approved by the comptroller, of all money received and
8-23 disbursed under this section to:
8-24 (1) the comptroller;
8-25 (2) the department; and
8-26 (3) another entity as provided by interlocal contract.
8-27 SECTION 20. The following are repealed:
8-28 (1) Article 56.55, Code of Criminal Procedure;
8-29 (2) Article 56.56, Code of Criminal Procedure;
8-30 (3) Article 56.57, Code of Criminal Procedure;
8-31 (4) Article 56.59, Code of Criminal Procedure;
8-32 (5) Subsections (f), (g), and (h), Article 102.011,
8-33 Code of Criminal Procedure;
8-34 (6) Article 102.019, Code of Criminal Procedure;
8-35 (7) Section 51.701, Government Code;
8-36 (8) Section 51.921, Government Code;
8-37 (9) Subsections (b) through (h), Section 56.001,
8-38 Government Code; and
8-39 (10) Section 61.003, Government Code.
8-40 SECTION 21. (a) This Act takes effect January 1, 2002.
8-41 (b) This Act applies to any fee collected on or after the
8-42 effective date of this Act.
8-43 (c) The change in law made by this Act to Articles 45.048
8-44 and 45.049, Code of Criminal Procedure, applies only to conduct
8-45 that occurs on or after the effective date of this Act. Conduct
8-46 violating a penal law of this state occurs on or after the
8-47 effective date of this Act if any element of the violation occurs
8-48 on or after that date. Conduct that occurs before the effective
8-49 date of this Act is governed by the law in effect at the time the
8-50 conduct occurred, and that law is continued in effect for that
8-51 purpose.
8-52 (d) The change in law made by Section 9 of this Act applies
8-53 only to a court cost imposed on conviction of an offense committed
8-54 on or after the effective date of this Act. A court cost imposed
8-55 on conviction of an offense committed before the effective date of
8-56 this Act is governed by the law in effect when the offense was
8-57 committed, and the former law is continued in effect for that
8-58 purpose. For the purposes of this section, an offense was
8-59 committed before the effective date of this Act if any element of
8-60 the offense occurred before that date.
8-61 * * * * *