By:  Armbrister                                       S.B. No. 1379
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the implementation of a change in law imposing or
 1-3     changing the amount of certain court costs and fees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter G, Chapter 51, Government Code, is
 1-6     amended by adding Section 51.607 to read as follows:
 1-7           Sec. 51.607.  IMPLEMENTATION OF NEW OR AMENDED COURT COSTS
 1-8     AND FEES.  (a)  Following each regular session of the legislature,
 1-9     the comptroller shall identify each law enacted by that
1-10     legislature, other than a law disapproved by the governor, that
1-11     imposes or changes the amount of a state court cost or fee
1-12     collected by the clerk of a district, county, statutory county,
1-13     municipal, or justice court from a party to a civil case or a
1-14     defendant in a criminal case.  This subsection does not apply to
1-15     attorney's fees, civil or criminal fines or penalties, or amounts
1-16     charged, paid, or collected on behalf of another party to a
1-17     proceeding other than the state in a criminal case, including
1-18     restitution or damages.
1-19           (b)  The comptroller shall prepare a list of each state court
1-20     cost or fee covered by Subsection (a)  to be imposed or changed and
1-21     shall publish the list in the Texas Register not later than August
1-22     1 after the end of the regular session of the legislature at which
1-23     the law imposing or changing the amount of the cost or fee was
1-24     enacted.  The comptroller shall include with the list a statement
1-25     describing the operation of this section and stating the date the
 2-1     imposition or change in the amount of the court cost or fee will
 2-2     take effect under Subsection (c).
 2-3           (c)  Notwithstanding the effective date of the law imposing
 2-4     or changing the amount of a state court cost or fee included on the
 2-5     list, the imposition or change in the amount of the court cost or
 2-6     fee does not take effect until the next January 1 after the law
 2-7     takes effect.
 2-8           (d)  This section does not apply to a state court cost or fee
 2-9     if the law imposing or changing the amount of the cost or fee:
2-10                 (1)  expressly provides that this section does not
2-11     apply to the imposition or change in the amount of the cost or fee;
2-12     or
2-13                 (2)  takes effect before August 1 following the regular
2-14     session of the legislature at which the law was enacted.
2-15           SECTION 2.  (a)  Section 51.607, Government Code, as added by
2-16     this Act, does not apply to a law that takes effect before August
2-17     27, 2001.
2-18           (b)  Section 51.607, Government Code, as added by this Act,
2-19     applies to a law enacted by the 77th Legislature, Regular Session,
2-20     2001, that takes effect on or after August 27, 2001, but only if
2-21     this Act takes effect before July 1, 2001.
2-22           SECTION 3.  This Act takes effect immediately if it receives
2-23     a vote of two-thirds of all the members elected to each house, as
2-24     provided by Section 39, Article III, Texas Constitution.  If this
2-25     Act does not receive the vote necessary for immediate effect, this
2-26     Act takes effect September 1, 2001.