SRC-TAG S.B. 458 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 458
78R3989 JRD-DBy: Armbrister
Criminal Justice
3/7/2003
As Filed


DIGEST AND PURPOSE 

Cities and counties feel that it is important that legislators be fully
informed of the impact that a small change or addition to court costs or
fees will have on the total amount charged to an offender. Fiscal notes
prepared on proposed legislative actions always consider the impact of the
particular fund by itself, without considering the impact to the total
court costs to be collected from an offender. It is difficult to know the
overall impact and result from one action when it is considered
singularly. Cities and counties feel that if the total court cost for a
criminal offense were made clear in the fiscal note, it is possible that
some rate change or implementations might be reconsidered. As proposed
S.B. 458 provides that in addition to the impact and fiscal impact of the
change or addition alone, the total impact of the change to the court
costs imposed on an offender should be indicated to give a complete
picture of the effect of the change or addition. 


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading of Chapter 319, Government Code, to read as
follows: 

 Chapter 319.  LEGISLATION REGARDING JUDICIAL SYSTEM

SECTION 2.  Amends Sections 319.001-319.004, Government Code, by
designating those sections as Chapter 319A and adding a heading to read as
follows: 

SUBCHAPTER A.  JUDICIAL SYSTEM IMPACT NOTES

SECTION 3.  Amends Chapter 319, Government Code, by adding Subchapter B,
as follows: 

SUBCHAPTER B.  LEGISLATION RELATING TO COURT COSTS

Sec.  319.021.  IMPACT STATEMENT ON LEGISLATION IMPOSING COURT COSTS ON
CRIMINAL DEFENDANTS.  (a)  Requires the state auditor  to prepare an
impact statement for each resolution proposing a constitutional amendment
or bill that proposes imposing a new court cost or fee on a person charged
with criminal offense or increasing the amount of an existing court cost
or fee imposed on a person charged with a criminal offense, including a
court cost or fee imposed on conviction or other disposition or postponed
disposition of the criminal charge. 

(b)  Requires the impact statement to show the total amount of court costs
and fees that persons will be required to pay under the bill or resolution
when considered together with all other applicable laws.  
 
(c)  Requires the state auditor to deliver a copy of the impact statement
to the author of the bill or resolution and to each member of a
legislative committee to which the bill or resolution is referred by the
fifth day  after the date the bill or resolution is referred to the
committee.  

SECTION 4.  Effective date: September 1, 2003.