S.B. No. 325




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.





______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 325 passed the Senate on 
April 16, 2003, by the following vote:  Yeas 31, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 325 passed the House on 
May 28, 2003, by the following vote:  Yeas 144, Nays 0, two 
present not voting.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor