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.
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