1-1 By: Armbrister S.B. No. 1379 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 12, Nays 0; April 24, 2001, sent to printer.) 1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1379 By: Truan 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the implementation of a change in law imposing or 1-10 changing the amount of certain court costs and fees. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter G, Chapter 51, Government Code, is 1-13 amended by adding Section 51.607 to read as follows: 1-14 Sec. 51.607. IMPLEMENTATION OF NEW OR AMENDED COURT COSTS 1-15 AND FEES. (a) Following each regular session of the legislature, 1-16 the comptroller shall identify each law enacted by that 1-17 legislature, other than a law disapproved by the governor, that 1-18 imposes or changes the amount of a state court cost or fee 1-19 collected by the clerk of a district, county, statutory county, 1-20 municipal, or justice court from a party to a civil case or a 1-21 defendant in a criminal case. This subsection does not apply to 1-22 attorney's fees, civil or criminal fines or penalties, or amounts 1-23 charged, paid, or collected on behalf of another party to a 1-24 proceeding other than the state in a criminal case, including 1-25 restitution or damages. 1-26 (b) The comptroller shall prepare a list of each state court 1-27 cost or fee covered by Subsection (a) to be imposed or changed and 1-28 shall publish the list in the Texas Register not later than August 1-29 1 after the end of the regular session of the legislature at which 1-30 the law imposing or changing the amount of the cost or fee was 1-31 enacted. The comptroller shall include with the list a statement 1-32 describing the operation of this section and stating the date the 1-33 imposition or change in the amount of the court cost or fee will 1-34 take effect under Subsection (c). 1-35 (c) Notwithstanding the effective date of the law imposing 1-36 or changing the amount of a state court cost or fee included on the 1-37 list, the imposition or change in the amount of the court cost or 1-38 fee does not take effect until the next January 1 after the law 1-39 takes effect. 1-40 (d) This section does not apply to a state court cost or fee 1-41 if the law imposing or changing the amount of the cost or fee: 1-42 (1) expressly provides that this section does not 1-43 apply to the imposition or change in the amount of the cost or fee; 1-44 or 1-45 (2) takes effect before August 1 following the regular 1-46 session of the legislature at which the law was enacted. 1-47 SECTION 2. (a) Section 51.607, Government Code, as added by 1-48 this Act, does not apply to a law that takes effect before August 1-49 27, 2001. 1-50 (b) Section 51.607, Government Code, as added by this Act, 1-51 applies to a law enacted by the 77th Legislature, Regular Session, 1-52 2001, that takes effect on or after August 27, 2001, but only if 1-53 this Act takes effect before July 1, 2001. 1-54 SECTION 3. This Act takes effect immediately if it receives 1-55 a vote of two-thirds of all the members elected to each house, as 1-56 provided by Section 39, Article III, Texas Constitution. If this 1-57 Act does not receive the vote necessary for immediate effect, this 1-58 Act takes effect September 1, 2001. 1-59 * * * * *