By: Armbrister S.B. No. 325
A BILL TO BE ENTITLED
AN ACT
relating to the implementation of a change in law imposing or
changing the amount of certain court costs and fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 51, Government Code, is
amended by adding Section 51.607 to read as follows:
Sec. 51.607. IMPLEMENTATION OF NEW OR AMENDED COURT COSTS
AND FEES. (a) Following each regular session of the legislature,
the comptroller shall identify each law enacted by that
legislature, other than a law disapproved by the governor, that
imposes or changes the amount of a court cost or fee collected by
the clerk of a district, county, statutory county, municipal, or
justice court from a party to a civil case or a defendant in a
criminal case, including a filing or docketing fee, jury fee, cost
on conviction, or fee or charge for services or to cover the
expenses of a public official or agency. This subsection does not
apply to attorney's fees, civil or criminal fines or penalties, or
amounts charged, paid, or collected on behalf of another party to a
proceeding other than the state in a criminal case, including
restitution or damages.
(b) The comptroller shall prepare a list of each court cost
or fee covered by Subsection (a) to be imposed or changed and shall
publish the list in the Texas Register not later than August 1 after
the end of the regular session of the legislature at which the law
imposing or changing the amount of the cost or fee was enacted. The
comptroller shall include with the list a statement describing the
operation of this section and stating the date the imposition or
change in the amount of the court cost or fee will take effect under
Subsection (c).
(c) Notwithstanding the effective date of the law imposing
or changing the amount of a court cost or fee included on the list,
the imposition or change in the amount of the court cost or fee does
not take effect until the next January 1 after the law takes effect.
(d) This section does not apply to a court cost or fee if the
law imposing or changing the amount of the cost or fee:
(1) expressly provides that this section does not
apply to the imposition or change in the amount of the cost or fee;
or
(2) takes effect before August 1 or after the next
January 1 following the regular session of the legislature at which
the law was enacted.
SECTION 2. (a) Section 51.607, Government Code, as added
by this Act, does not apply to a law that takes effect before
September 1, 2003.
(b) Section 51.607, Government Code, as added by this Act,
applies to a law enacted by the 78th Legislature, Regular Session,
2003, that takes effect on or after September 1, 2003, but only if
this Act takes effect before July 1, 2003.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.