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.