By Armbrister                                         S.B. No. 1379
         77R6603 JSA-D                           
                                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 court cost or fee collected by
1-12     the clerk of a district, county, statutory county, municipal, or
1-13     justice court from a party to a civil case or a defendant in a
1-14     criminal case, including a filing or docketing fee, jury fee, cost
1-15     on conviction, or fee or charge for services or to cover the
1-16     expenses of a public official or agency.  This subsection does not
1-17     apply to attorney's fees, civil or criminal fines or penalties, or
1-18     amounts charged, paid, or collected on behalf of another party to a
1-19     proceeding other than the state in a criminal case, including
1-20     restitution or damages.
1-21           (b)  The comptroller shall prepare a list of each court cost
1-22     or  fee covered by Subsection (a)  to be imposed or changed and
1-23     shall publish the list in the Texas Register not later than August
1-24     1 after the end of the regular session of the legislature at which
 2-1     the law imposing or changing the amount of the cost or fee was
 2-2     enacted.  The comptroller shall include with the list a statement
 2-3     describing the operation of this section and stating the date the
 2-4     imposition or change in the amount of the court cost or fee will
 2-5     take effect under Subsection (c).
 2-6           (c)  Notwithstanding the effective date of the law imposing
 2-7     or changing the amount of a court cost or fee included on the list,
 2-8     the imposition or change in the amount of the court cost or fee
 2-9     does not take effect until the next January 1 after the law takes
2-10     effect.
2-11           (d)  This section does not apply to a court cost or fee if
2-12     the law imposing or changing the amount of the cost or fee:
2-13                 (1)  expressly provides that this section does not
2-14     apply to the imposition or change in the amount of the cost or fee;
2-15     or
2-16                 (2)  takes effect before August 1 following the regular
2-17     session of the legislature at which the law was enacted.
2-18           SECTION 2. (a)  Section 51.607, Government Code, as added by
2-19     this Act, does not apply to a law that takes effect before August
2-20     27, 2001.
2-21           (b)  Section 51.607, Government Code, as added by this Act,
2-22     applies to a law enacted by the 77th Legislature, Regular Session,
2-23     2001, that takes effect on or after August 27, 2001, but only if
2-24     this Act takes effect before July 1, 2001.
2-25           SECTION 3.  This Act takes effect immediately if it receives
2-26     a vote of two-thirds of all the members elected to each house, as
2-27     provided by Section 39, Article III, Texas Constitution.  If this
 3-1     Act does not receive the vote necessary for immediate effect, this
 3-2     Act takes effect September 1, 2001.