By: Armbrister S.B. No. 502
A BILL TO BE ENTITLED
AN ACT
relating to criminal and civil fees remitted to the comptroller of
public accounts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Local Government Code, is
amended by adding Chapter 133 to read as follows:
CHAPTER 133. CRIMINAL AND CIVIL FEES PAYABLE TO THE COMPTROLLER
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 133.001. PURPOSE. The purpose of this chapter is to
consolidate and standardize:
(1) collection of fees in criminal and civil matters
by:
(A) an officer of a court for deposit in a county
or municipal treasury; or
(B) an officer of a county or municipality for
deposit in the county or municipal treasury, as appropriate;
(2) remittance of those fees to the comptroller as
required by this chapter and other law; and
(3) distribution of those fees by the comptroller to
the proper accounts and funds in the state treasury.
Sec. 133.002. DEFINITIONS. In this chapter:
(1) "Fee" means:
(A) a criminal fee listed under Section 133.003;
and
(B) a civil fee listed under Section 133.004.
(2) "Indigent" means an individual who earns not more
than 125 percent of the income standard established by applicable
federal poverty guidelines.
(3) "Treasurer" means the custodian of money in a
municipal or county treasury, as appropriate.
Sec. 133.003. CRIMINAL FEES. This chapter applies to the
following criminal fees:
(1) the consolidated fee imposed under Section
133.102;
(2) the time payment fee imposed under Section
133.103;
(3) fees for services of peace officers employed by
the state imposed under Article 102.011, Code of Criminal
Procedure, and forwarded to the comptroller as provided by Section
133.104;
(4) costs on conviction imposed in certain statutory
county courts under Section 51.702, Government Code, and deposited
in the judicial fund;
(5) costs on conviction imposed in certain county
courts under Section 51.703, Government Code, and deposited in the
judicial fund;
(6) the administrative fee for failure to appear or
failure to pay or satisfy a judgment imposed under Section 706.006,
Transportation Code; and
(7) fines on conviction imposed under Section
621.506(g), Transportation Code.
Sec. 133.004. CIVIL FEES. This chapter applies to the
following civil fees:
(1) the consolidated fee on filing in district court
imposed under Section 133.151;
(2) the filing fee in district court for basic civil
legal services for indigents imposed under Section 133.152;
(3) the filing fee in courts other than district court
for basic civil legal services for indigents imposed under Section
133.153;
(4) the filing fees for the judicial fund imposed in
certain statutory county courts under Section 51.702, Government
Code;
(5) the filing fees for the judicial fund imposed in
certain county courts under Section 51.703, Government Code;
(6) the filing fees for the judicial fund imposed in
certain statutory probate courts under Section 51.704, Government
Code;
(7) fees collected under Section 118.015;
(8) marriage license fees for the family trust fund
collected under Section 118.018; and
(9) marriage license or declaration of informal
marriage fees for the child abuse and neglect prevention trust fund
account collected under Section 118.022.
[Sections 133.005-133.050 reserved for expansion]
SUBCHAPTER B. REPORTING, COLLECTION, AND REMITTANCE OF FEES
Sec. 133.051. COLLECTION AND REMITTANCE OF FEES. A
municipality or county shall collect, record, account for, and
remit to the comptroller all fees in the manner provided by this
subchapter.
Sec. 133.052. DEPOSIT OF FEES. (a) An officer collecting
a fee in a case in municipal court shall deposit the money in the
municipal treasury.
(b) An officer collecting a fee in a justice, county, or
district court shall deposit the money in the county treasury.
(c) A municipal or county clerk collecting a fee shall
deposit the money in the municipal or county treasury, as
appropriate.
Sec. 133.053. INTEREST-BEARING ACCOUNT. (a) The
treasurer may deposit fees in an interest-bearing account.
(b) The municipality or county may retain any interest
accrued on the money the treasurer deposited in the treasury if the
treasurer remits the funds to the comptroller within the period
prescribed by Section 133.055(a).
Sec. 133.054. RECORDS. (a) An officer or clerk collecting
a fee shall keep a record of the money collected.
(b) The treasurer shall keep a record of the money collected
and on deposit in the treasury.
Sec. 133.055. QUARTERLY REMITTANCE OF FEES TO THE
COMPTROLLER. (a) On or before the last day of the month following
each calendar quarter, the treasurer shall:
(1) remit to the comptroller the money from all fees
collected during the preceding quarter, except as provided by
Section 133.058; and
(2) submit to the comptroller the report required
under Section 133.056 for criminal fees and Section 133.057 for
civil fees.
(b) If the treasurer does not collect any fees during a
calendar quarter, the treasurer shall file the report required for
the quarter in the regular manner. The report must state that no
fees were collected. This subsection does not apply to fees
collected under Sections 14 and 19, Article 42.12, Code of Criminal
Procedure, or under Section 76.013, Government Code.
Sec. 133.056. QUARTERLY REPORT FOR CRIMINAL FEES. (a) On
the last day of the month following a calendar quarter, the
treasurer shall report the criminal fees collected for the
preceding calendar quarter.
(b) For fees collected for convictions of offenses
committed on or after January 1, 2004, a municipality or county
shall report the fees collected for a calendar quarter categorized
according to the class of offense.
(c) For fees collected for convictions of offenses
committed before January 1, 2004, a municipality or county shall
report the total of fees collected for a calendar quarter.
Sec. 133.057. QUARTERLY REPORT FOR CIVIL FEES. On the last
day of the month following a calendar quarter, the treasurer shall
report the civil fees collected for the preceding calendar quarter.
Sec. 133.058. PORTION OF FEE RETAINED. (a) Except as
otherwise provided by this section, a municipality or county may
retain 10 percent of the money collected from fees as a service fee
for the collection if the municipality or county remits the
remainder of the fees to the comptroller within the period
prescribed by Section 133.055(a).
(b) A municipality or county may retain an amount greater
than 10 percent of the money collected from fees if retention of the
greater amount is authorized by law.
(c) A county may retain five percent of the money collected
as a service fee on the basic civil legal service for indigents
filing fee.
(d) A county may not retain a service fee on the collection
of a fee:
(1) for the judicial fund; or
(2) under Sections 14 and 19, Article 42.12, Code of
Criminal Procedure.
Sec. 133.059. AUDIT. (a) The comptroller may audit the
records of a county or municipality relating to fees collected
under this chapter.
(b) Money spent from fees collected under this chapter is
subject to audit by the state auditor.
[Sections 133.060-133.100 reserved for expansion]
SUBCHAPTER C. CRIMINAL FEES
Sec. 133.101. MEANING OF CONVICTION. In this subchapter, a
person is considered to have been convicted in a case if:
(1) a judgment, a sentence, or both a judgment and a
sentence are imposed on the person;
(2) the person receives community supervision,
deferred adjudication, or deferred disposition; or
(3) the court defers final disposition of the case or
imposition of the judgment and sentence.
Sec. 133.102. CONSOLIDATED FEES ON CONVICTION. (a) A
person convicted of an offense shall pay as a court cost, in
addition to all other costs:
(1) $133 on conviction of a felony;
(2) $83 on conviction of a Class A or Class B
misdemeanor; or
(3) $40 on conviction of a nonjailable misdemeanor
offense, including a criminal violation of a municipal ordinance,
other than a conviction of an offense relating to a pedestrian or
the parking of a motor vehicle.
(b) The court costs under Subsection (a) shall be collected
and remitted to the comptroller in the manner provided by
Subchapter B.
(c) The money collected under this section as court costs
imposed on offenses committed on or after January 1, 2004, shall be
allocated according to the percentages provided in Subsection (e).
(d) The money collected as court costs imposed on offenses
committed before January 1, 2004, shall be distributed using
historical data so that each account or fund receives the same
amount of money the account or fund would have received if the court
costs for the accounts and funds had been collected and reported
separately.
(e) The comptroller shall allocate the court costs received
under this section to the following accounts and funds so that each
receives to the extent practicable, utilizing historical data as
applicable, the same amount of money the account or fund would have
received if the court costs for the accounts and funds had been
collected and reported separately, except that the account or fund
may not receive less than the following percentages:
(1) abused children's counseling 0.0088 percent;
(2) crime stoppers assistance 0.2581 percent;
(3) breath alcohol testing 0.5507 percent;
(4) Bill Blackwood Law Enforcement
Management Institute 2.1683 percent;
(5) law enforcement officers
standards and education 5.0034 percent;
(6) comprehensive rehabilitation 5.3218 percent;
(7) operator's and chauffeur's license 11.1426 percent;
(8) criminal justice planning 12.5537 percent;
(9) an account in the state treasury
to be used only for the establishment and operation
of the Center for the Study and Prevention of
Juvenile Crime and Delinquency at Prairie View
A&M University 1.2090 percent;
(10) compensation to victims of
crime fund37.6338 percent;
(11) fugitive apprehension account 12.0904 percent;
(12) judicial and court personnel
training fund 4.8362 percent;
(13) an account in the state
treasury to be used for the establishment
and operation of the Correctional Management
Institute of Texas and Criminal Justice
Center Account 1.2090 percent; and
(14) fair defense account 6.0143 percent.
(f) Of each dollar credited to the law enforcement officers
standards and education account under Subsection (e)(5):
(1) 33.3 cents may be used only to pay administrative
expenses; and
(2) the remainder may be used only to pay expenses
related to continuing education for persons licensed under Chapter
1701, Occupations Code.
Sec. 133.103. TIME PAYMENT FEE. (a) A person convicted of
an offense shall pay, in addition to all other costs, a fee of $25 if
the person:
(1) has been convicted of a felony or misdemeanor; and
(2) pays any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or
restitution.
(b) The treasurer shall send 50 percent of the fees
collected under this section to the comptroller. The comptroller
shall deposit the fees received to the credit of the general revenue
fund.
(c) The treasurer shall deposit 10 percent of the fees
collected under this section in the general fund of the county or
municipality for the purpose of improving the efficiency of the
administration of justice in the county or municipality. The
county or municipality shall prioritize the needs of the judicial
officer who collected the fees when making expenditures under this
subsection and use the money deposited to provide for those needs.
(d) The treasurer shall deposit the remainder of the fees
collected under this section in the general revenue account of the
county or municipality.
Sec. 133.104. FEES FOR SERVICES OF PEACE OFFICERS EMPLOYED
BY THE STATE. (a) Fees imposed under Article 102.011, Code of
Criminal Procedure, for services performed by peace officers
employed by the state shall be forwarded to the comptroller after
deducting four-fifths of the amount of each fee received for a
service performed under Subsection (a)(1) or (a)(2) of that
article, in a manner directed by the comptroller.
(b) The comptroller shall credit fees received under
Subsection (a) to the general revenue fund.
[Sections 133.105-133.150 reserved for expansion]
SUBCHAPTER D. CIVIL FEES
Sec. 133.151. CONSOLIDATED CIVIL FEE ON FILING A CIVIL SUIT
IN DISTRICT COURT. (a) In addition to each fee collected under
Section 51.317(b)(1), Government Code, the clerk of a district
court shall collect the following fees on the filing of any civil
suit:
(1) $45 for family law cases and proceedings as
defined by Section 25.0002, Government Code; and
(2) $50 for any case other than a case described by
Subdivision (1).
(b) The fees under Subsection (a) shall be collected and
remitted to the comptroller in the manner provided by Subchapter B.
(c) The comptroller shall allocate the fees received under
this section to the following accounts and funds so that each
receives to the extent practicable, utilizing historical data as
applicable, the same amount of money the account or fund would have
received if the fees for the accounts and funds had been collected
and reported separately:
(1) the judicial fund to be used for court-related
purposes for the support of the judiciary; and
(2) the basic civil legal services account of the
judicial fund for use in programs approved by the supreme court that
provide basic civil legal services to an indigent.
Sec. 133.152. ADDITIONAL FILING FEES FOR CERTAIN ACTIONS
AND PROCEEDINGS IN DISTRICT COURT FOR BASIC CIVIL LEGAL SERVICES
FOR INDIGENTS. (a) In addition to other fees authorized or
required by law, the clerk of a district court shall collect the
following fees on the filing of any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee:
(1) $5 in family law cases and proceedings as defined
by Section 25.0002, Government Code; and
(2) $10 in any case other than a case described by
Subdivision (1).
(b) The fees under this section shall be collected and
remitted to the comptroller in the manner provided by Subchapter B.
(c) The comptroller shall deposit the fees to the credit of
the basic civil legal services account of the judicial fund for use
in programs approved by the supreme court that provide basic civil
legal services to an indigent.
Sec. 133.153. ADDITIONAL FILING FEES FOR CERTAIN ACTIONS
AND PROCEEDINGS IN COURTS OTHER THAN DISTRICT COURT FOR BASIC CIVIL
LEGAL SERVICES FOR INDIGENTS. (a) In addition to other fees
authorized or required by law, the clerk of a court other than a
district court, the courts of appeals, or the supreme court shall
collect the following fees on the filing of any civil action or
proceeding requiring a filing fee, including an appeal, and on the
filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee:
(1) $5 for statutory and constitutional county courts;
and
(2) $2 for justice of the peace courts.
(b) The fees shall be collected and remitted to the
comptroller in the manner provided by Subchapter B.
(c) The comptroller shall deposit the fees to the credit of
the basic civil legal services account of the judicial fund for use
in programs approved by the supreme court that provide basic civil
legal services to an indigent.
SECTION 2. Subsection (e), Section 14, Article 42.12, Code
of Criminal Procedure, is amended to read as follows:
(e) The clerk of a court that collects a fee imposed under
Subsection (c)(2) shall deposit the fee to be sent to the
comptroller as provided by Subchapter B, Chapter 133, Local
Government Code [remit the fee to the comptroller], and the
comptroller shall deposit the fee into the general revenue fund. In
requiring the payment of a fee under Subsection (c)(2), the judge
shall consider fines, fees, and other necessary expenses for which
the defendant is obligated in establishing the amount of the fee.
The judge may not:
(1) establish the fee in an amount that is greater than
25 percent of the defendant's gross income while the defendant is a
participant in residential aftercare; or
(2) require the defendant to pay the fee at any time
other than a time at which the defendant is both employed and a
participant in residential aftercare.
SECTION 3. Subsection (f), Section 19, Article 42.12, Code
of Criminal Procedure, is amended to read as follows:
(f) A community corrections and supervision department
shall deposit the [remit] fees collected under Subsection (e) of
this section to be sent to the comptroller as provided by Subchapter
B, Chapter 133, Local Government Code. The comptroller shall
deposit the fee in the [special revenue fund to the credit of the]
sexual assault program fund [established] under Section 420.008,
Government [44.0061, Health and Safety] Code.
SECTION 4. Article 45.048, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.048. DISCHARGED FROM JAIL. (a) A defendant placed
in jail on account of failure to pay the fine and costs shall be
discharged on habeas corpus by showing that the defendant:
(1) is too poor to pay the fine and costs; or
(2) has remained in jail a sufficient length of time to
satisfy the fine and costs, at the rate of not less than $50 [$100]
for each period of time served, as specified by the convicting court
in the judgment in the case.
(b) A convicting court may specify a period of time that is
not less than eight hours or more than 24 hours as the period for
which a defendant who fails to pay the fines and costs in the case
must remain in jail to satisfy $50 [$100] of the fine and costs.
SECTION 5. Subsection (e), Article 45.049, Code of Criminal
Procedure, is amended to read as follows:
(e) A defendant is considered to have discharged not less
than $50 [$100] of fines or costs for each eight hours of community
service performed under this article.
SECTION 6. Article 102.004, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) In this article, "conviction" has the meaning assigned
by Section 133.101, Local Government Code.
SECTION 7. Article 102.011, Code of Criminal Procedure, is
amended by adding Subsection (j) to read as follows:
(j) In this article, "conviction" has the meaning assigned
by Section 133.101, Local Government Code.
SECTION 8. Subsection (e), Article 102.014, Code of
Criminal Procedure, is amended to read as follows:
(e) In this article, a person is considered to have been
convicted in a case if the person would be considered to have been
convicted under Section 133.101, Local Government Code[:
[(1) a sentence is imposed;
[(2) the defendant receives probation or deferred
adjudication; or
[(3) the court defers final disposition of the case].
SECTION 9. Subsection (d), Section 51.702, Government Code,
is amended to read as follows:
(d) The clerk shall deposit [send] the fees and costs
collected under this section to be sent to the comptroller as
provided by Subchapter B, Chapter 133, Local Government Code [at
least as frequently as monthly]. The comptroller shall deposit the
fees in the judicial fund.
SECTION 10. Subsection (d), Section 51.703, Government
Code, is amended to read as follows:
(d) The clerk shall deposit [send] the fees and costs
collected under this section to be sent to the comptroller as
provided by Subchapter B, Chapter 133, Local Government Code [at
least as frequently as monthly]. The comptroller shall deposit the
fees in the judicial fund.
SECTION 11. Subsection (c), Section 51.704, Government
Code, is amended to read as follows:
(c) The clerk shall deposit [send] the fees collected under
this section to be sent to the comptroller as provided by Subchapter
B, Chapter 133, Local Government Code [at least as frequently as
monthly]. The comptroller shall deposit the fees in the judicial
fund.
SECTION 12. Section 51.941, Government Code, is amended to
read as follows:
Sec. 51.941. ADDITIONAL FILING FEE IN APPELLATE COURTS FOR
BASIC CIVIL LEGAL SERVICES FOR INDIGENTS. (a) In addition to
other fees authorized or required by law, the clerk of the supreme
court and courts of appeals [each court] shall collect a $25 fee
[the following fees] on the filing of any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee[:
[(1) supreme court and courts of appeals $25;
[(2) district courts, for other than divorce and other
family law matters $10;
[(3) district courts, divorce and other family law
matters $5;
[(4) statutory and constitutional county courts . . $5;
[(5) justice of the peace courts $2].
(b) Court fees under this section [subchapter] shall be
collected in the same manner as other fees, fines, or costs in the
case.
(c) The clerk shall send the fees collected under this
section [Subsection (a)(1)] to the comptroller not later than the
last day of the month following [10th day after the end of] each
calendar quarter.
(d) [The clerk shall remit the fees collected under
Subsections (a)(2)-(5) at least as frequently as monthly to the
county treasurer or the person who performs the duties of the county
treasurer. The county treasurer or the person performing the
duties of the county treasurer shall keep a record of the amount of
money received under this subsection. The county treasurer or the
person who performs the duties of the county treasurer shall remit
the fees collected, minus an amount ordered retained by the county
commissioners court as provided by Subsection (e), to the
comptroller not later than the 10th day after the end of each
quarter.
[(e) The commissioners court by order may require the county
treasurer or the person who performs the duties of the county
treasurer to deposit in the county's general revenue account five
percent of the fees collected under Subsections (a)(2)-(5) to
reimburse the county for the expense of collecting and remitting
the fees collected under Subsections (a)(2)-(5).
[(f)] The comptroller shall deposit the fees received under
this section to the credit of the basic civil legal services account
of the judicial fund for use in programs approved by the supreme
court that provide basic civil legal services to the indigent.
(e) [(g)] In this section, "indigent"[:
[(1) "Family law matters" has the meaning assigned
"family law cases and proceedings" by Section 25.0002.
[(2) "Indigent"] means an individual who earns not
more than 125 percent of the income standard established by
applicable federal poverty guidelines.
SECTION 13. Subsection (b), Section 118.015, Local
Government Code, is amended to read as follows:
(b) A county clerk who collects a fee under this section for
a certified copy of a birth certificate shall deposit the fee into
the county treasury. The state's portion of the fee shall be sent
[deduct 20 cents of that fee to apply to the clerk's administrative
costs and remit $1.80 of that fee] to the comptroller as provided by
Subchapter B, Chapter 133, for deposit in the work and family
policies fund.
SECTION 14. Subsection (c), Section 118.018, Local
Government Code, is amended to read as follows:
(c) A county clerk who collects a fee under this section
from a marriage license applicant shall deposit [remit] $3 of that
fee to be sent to the comptroller as provided by Subchapter B,
Chapter 133, for deposit in the family trust fund established under
Section 2.014, Family Code.
SECTION 15. Subsection (a), Section 118.022, Local
Government Code, is amended to read as follows:
(a) The county clerk shall deposit, as provided by
Subchapter B, Chapter 133, [not later than the 10th day of each
month, send to the comptroller of public accounts] $12.50 of each
fee collected [during the preceding month] for issuance of a
marriage license or declaration of informal marriage to be sent to
the comptroller and deposited as provided by Subsection (b).
SECTION 16. Section 542.403, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) In this section, "conviction" has the meaning assigned
by Section 133.101, Local Government Code.
SECTION 17. Section 621.506, Transportation Code, is
amended by amending Subsection (g) and adding Subsection (h) to
read as follows:
(g) Except as provided by Subsection (h), a [A] governmental
entity that collects a fine under this section for an offense
involving a vehicle having a single axle weight, tandem axle
weight, or gross weight that is more than 5,000 pounds heavier than
the vehicle's allowable weight shall send an amount equal to 50
percent of the fine to the comptroller in the manner provided by
Subchapter B, Chapter 133, Local Government Code.
(h) If [unless] the offense described by Subsection (g)
occurred within 20 miles of an international border, [in which
event] the entire amount of the fine shall be deposited for the
purposes of road maintenance in:
(1) the municipal treasury, if the fine was imposed by
a municipal court; or
(2) the county treasury, if the fine was imposed by a
justice court.
SECTION 18. Subsection (a), Section 706.006,
Transportation Code, is amended to read as follows:
(a) A person who fails to appear for a complaint or citation
for an offense described by Section 706.002(a) shall be required to
pay an administrative fee of $30 for each complaint or citation
reported to the department under this chapter [violation for which
the person failed to appear], unless the person is acquitted of the
charges for which the person failed to appear. The person shall pay
the fee when:
(1) the court enters judgment on the underlying
offense reported to the department;
(2) the underlying offense is dismissed; or
(3) bond or other security is posted to reinstate the
charge for which the warrant was issued.
SECTION 19. Subsections (a), (b), and (c), Section 706.007,
Transportation Code, are amended to read as follows:
(a) An officer collecting a fee under Section 706.006 shall
keep records and deposit the money as provided by Subchapter B,
Chapter 133, Local Government Code[:
[(1) keep separate records of the money; and
[(2) deposit the money in the appropriate municipal or
county treasury].
(b) The custodian of the municipal or county treasury may[:
[(1)] deposit each fee collected under Section 706.006
as provided by Subchapter B, Chapter 133, Local Government Code [in
an interest-bearing account; and
[(2) retain for the municipality or county the
interest earned on money in the account].
(c) The custodian shall keep records of money received and
disbursed under this section as provided by Subchapter B, Chapter
133, Local Government Code, and shall provide an annual report, in
the form approved by the comptroller, of all money received and
disbursed under this section to:
(1) the comptroller;
(2) the department; and
(3) another entity as provided by interlocal contract.
SECTION 20. The following are repealed:
(1) Article 56.55, Code of Criminal Procedure;
(2) Article 56.56, Code of Criminal Procedure;
(3) Article 56.57, Code of Criminal Procedure;
(4) Article 56.59, Code of Criminal Procedure;
(5) Subsections (f), (g), and (h), Article 102.011,
Code of Criminal Procedure;
(6) Article 102.019, Code of Criminal Procedure;
(7) Article 102.075, Code of Criminal Procedure;
(8) Section 51.701, Government Code;
(9) Section 51.921, Government Code; and
(10) Subsections (b) through (h), Section 56.001,
Government Code.
SECTION 21. (a) This Act takes effect January 1, 2004.
(b) The change in law made by this Act to Articles 45.048 and
45.049, Code of Criminal Procedure, applies only to a defendant
serving a sentence for an offense committed on or after the
effective date of this Act. A defendant serving a sentence for an
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
subsection, an offense is committed before the effective date of
this Act if any element of the offense occurs before that date.