78R1508 YDB-D
By: West S.B. No. 790
A BILL TO BE ENTITLED
AN ACT
relating to a periodic review of court costs and fees and service
fees by the Sunset Advisory Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.12, Code of Criminal Procedure, is
amended by adding Section 1A to read as follows:
Sec. 1A. SUNSET REVIEW. (a) The Sunset Advisory Commission
shall review the fee for the substance abuse felony program imposed
under Section 14 and the fees imposed under Section 19. In the
review, the commission shall evaluate:
(1) the need for the fees;
(2) the appropriateness of the amount of the fees; and
(3) whether each fee is being used for the intended
purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the
fees reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this section,
Section 14, as amended by Chapter 1188, Acts of the 76th
Legislature, Regular Session, 1999, and Section 19 expire September
1, 2005.
SECTION 2. Subchapter A, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.004 to read as follows:
Art. 45.004. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the costs and fees authorized by Articles
45.026, 45.051(b)(7), 45.0511(f), and 45.052(e) and (g). In the
review, the commission shall evaluate:
(1) the need for the costs and fees;
(2) the appropriateness of the amount of the costs and
fees; and
(3) whether each cost or fee is being used for the
intended purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the
costs and fees reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this article and
Articles 45.026, 45.051(b)(7), 45.0511(f), (g), and (h), and
45.052(e) and (g) expire September 1, 2005.
SECTION 3. Subchapter A, Chapter 56, Code of Criminal
Procedure, is amended by adding Article 56.011 to read as follows:
Art. 56.011. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the court costs imposed under Article
56.55. In the review, the commission shall evaluate:
(1) the need for the court costs;
(2) the appropriateness of the amount of the court
costs; and
(3) whether the court costs are being used for the
intended purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the
court costs reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this article and
Articles 56.55, 56.56, 56.57, and 56.59 expire September 1, 2005.
SECTION 4. Chapter 102, Code of Criminal Procedure, is
amended by adding Subchapter D to read as follows:
SUBCHAPTER D. SUNSET REVIEW OF COSTS AND FEES
Art. 102.101. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the costs and fees imposed under Articles
102.004, 102.005, 102.008, 102.011, 102.014, 102.017, 102.0171,
102.018, 102.019, 102.020, 102.072, and 102.075. In the review,
the commission shall evaluate:
(1) the need for the costs and fees;
(2) the appropriateness of the amount of the costs and
fees; and
(3) whether each cost or fee is being used for the
intended purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the
costs and fees reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this article and
Articles 102.004, 102.005, 102.008, 102.011, 102.014, 102.016,
102.017, 102.0171, 102.018, 102.019, 102.020, 102.072, and 102.075
expire September 1, 2005.
SECTION 5. Chapter 54, Family Code, is amended by adding
Section 54.0412 to read as follows:
Sec. 54.0412. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the costs and fees imposed under Section
54.0411. In the review, the commission shall evaluate:
(1) the need for the costs and fees;
(2) the appropriateness of the amount of the costs and
fees; and
(3) whether the costs and fees are being used for the
intended purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the
costs and fees reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this section and
Section 54.0411 expire September 1, 2005.
SECTION 6. Chapter 51, Government Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. SUNSET REVIEW OF COSTS AND FEES
Sec. 51.951. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the costs and fees imposed under Sections
51.207, 51.701, 51.702, 51.703, 51.704, 51.921, and 51.941. In the
review, the commission shall evaluate:
(1) the need for the costs and fees;
(2) the appropriateness of the amount of the costs and
fees; and
(3) whether each cost or fee is being used for the
intended purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the
costs and fees reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this section and
Sections 51.207, 51.701, 51.702, 51.703, 51.704, 51.921, and 51.941
expire September 1, 2005.
SECTION 7. Chapter 56, Government Code, is amended by
adding Section 56.0011 to read as follows:
Sec. 56.0011. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the cost imposed under Section 56.001. In
the review, the commission shall evaluate:
(1) the need for the cost;
(2) the appropriateness of the amount of the cost; and
(3) whether the cost is being used for the intended
purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the
cost reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this section and
Section 56.001 expire September 1, 2005.
SECTION 8. Subchapter A, Chapter 508, Government Code, is
amended by adding Section 508.0011 to read as follows:
Sec. 508.0011. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the fees imposed under Section 508.182. In
the review, the commission shall evaluate:
(1) the need for the fees;
(2) the appropriateness of the amount of the fees; and
(3) whether the fees are being used for the intended
purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the
fees reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this section and
Section 508.182 expire September 1, 2005.
SECTION 9. Subchapter A, Chapter 118, Local Government
Code, is amended by adding Section 118.003 to read as follows:
Sec. 118.003. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the fees imposed under Section 118.011 and
described by Section 118.015, 118.018, or 118.022. In the review,
the commission shall evaluate:
(1) the need for the fees;
(2) the appropriateness of the amount of the fees; and
(3) whether each fee is being used for the intended
purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the
fees reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this section and
Sections 118.015, 118.018, and 118.022 expire September 1, 2005,
and a county clerk may not collect the fees imposed under Sections
118.011(a)(5), (7), and (8) on or after that date.
SECTION 10. Subchapter A, Chapter 502, Transportation Code,
is amended by adding Section 502.0011 to read as follows:
Sec. 502.0011. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the fee authorized by Section
502.407(b)(2). In the review, the commission shall evaluate:
(1) the need for the fee;
(2) the appropriateness of the amount of the fee; and
(3) whether the fee is being used for the intended
purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the fee
reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, a justice of the
peace or municipal court judge may not collect the fee authorized by
Section 502.407(b)(2) on or after September 1, 2005.
SECTION 11. Subchapter A, Chapter 521, Transportation Code,
is amended by adding Section 521.0011 to read as follows:
Sec. 521.0011. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the fee authorized by Section 521.026(b).
In the review, the commission shall evaluate:
(1) the need for the fee;
(2) the appropriateness of the amount of the fee; and
(3) whether the fee is being used for the intended
purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the fee
reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this section and
Section 521.026(b) expire September 1, 2005.
SECTION 12. Subchapter D, Chapter 542, Transportation Code,
is amended by adding Section 542.405 to read as follows:
Sec. 542.405. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the cost imposed under Section 542.403. In
the review, the commission shall evaluate:
(1) the need for the cost;
(2) the appropriateness of the amount of the cost; and
(3) whether the cost is being used for the intended
purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the
cost reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this section and
Section 542.403 expire September 1, 2005.
SECTION 13. Subchapter A, Chapter 548, Transportation Code,
is amended by adding Section 548.0011 to read as follows:
Sec. 548.0011. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the fee imposed under Section
548.605(b)(2). In the review, the commission shall evaluate:
(1) the need for the fee;
(2) the appropriateness of the amount of the fee; and
(3) whether the fee is being used for the intended
purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the fee
reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, a court may not
assess a fee under Section 548.605(b)(2) on or after September 1,
2005.
SECTION 14. Chapter 706, Transportation Code, is amended by
adding Section 706.0011 to read as follows:
Sec. 706.0011. SUNSET REVIEW. (a) The Sunset Advisory
Commission shall review the fees imposed under Section 706.006. In
the review, the commission shall evaluate:
(1) the need for the fees;
(2) the appropriateness of the amount of the fees; and
(3) whether the fees are being used for the intended
purpose.
(b) Before January 1, 2005, the Sunset Advisory Commission
shall make recommendations to the legislature about whether the
fees reviewed under Subsection (a) should be continued.
(c) Unless continued by the legislature, this section and
Sections 706.005, 706.006, and 706.007 expire September 1, 2005.
SECTION 15. The changes in law made by this Act to abolish a
court cost, court fee, or service fee apply only to a court cost,
court fee, or service fee that becomes payable on or after September
1, 2005. A court cost, court fee, or service fee payable before
that date is governed by the law in effect on the date the court
cost, court fee, or service fee was payable, and the former law is
continued in effect for that purpose.
SECTION 16. This Act takes effect September 1, 2003.