Amend CSHB 3540 on third reading as follows:
(1) Add the following appropriately numbered ARTICLES to
read as follows and renumber subsequent ARTICLES accordingly:
ARTICLE __. REGISTRATION FEE FOR CERTAIN LOBBYISTS
SECTION __.01. Section 305.005(c), Government Code, is
amended to read as follows:
(c) The registration fee and registration renewal fee are:
(1) $100 for a registrant employed by an organization
exempt from federal income tax under Section 501(c)(3) or
501(c)(4), Internal Revenue Code of 1986; or
(2) $500 [$300] for any other registrant.
SECTION __.02. This article takes effect December 1, 2005.
ARTICLE __. FEES FOR CERTAIN INSPECTIONS CONDUCTED
BY THE COMMISSION ON JAIL STANDARDS
SECTION _.01. Section 511.0091, Government Code, is amended
by adding Subsection (c-1) and amending Subsection (d) to read as
follows:
(c-1) In addition to the other fees authorized by this
section, the commission may set and collect a reasonable fee to
cover the cost of performing any reinspection of a municipal or
county jail that is conducted by the commission:
(1) following a determination by the commission that
the jail is not in compliance with minimum standards;
(2) in response to a request by the operator of the
jail; and
(3) before the operator of the jail has taken actions
as necessary to ensure that the jail is in compliance with minimum
standards.
(d) All money paid to the commission under this chapter is
subject to Subchapter F, Chapter 404. Fees collected under
Subsection (c-1) shall be deposited to the credit of a special
account in the general revenue fund to be appropriated only to pay
costs incurred by the commission in performing services under this
section.
SECTION _.02. This article takes effect September 1, 2005.
ARTICLE __. MODEL FINES COLLECTION
SECTION _.01. Chapter 103, Code of Criminal Procedure, is
amended by adding Article 103.0033 to read as follows:
Art. 103.0033. COLLECTION IMPROVEMENT PROGRAM. (a) In
this article:
(1) "Office" means the Office of Court Administration
of the Texas Judicial System.
(2) "Program" means the program to improve the
collection of court costs, fees, and fines imposed in criminal
cases, as developed and implemented under this article.
(b) This article applies only to:
(1) a county with a population of 50,000 or greater;
and
(2) a municipality with a population of 100,000 or
greater.
(c) Unless granted a waiver under Subsection (h), each
county and municipality shall develop and implement a program that
complies with the prioritized implementation schedule under
Subsection (h). A county program must include district, county,
and justice courts.
(d) The program must consist of:
(1) a component that conforms with a model developed
by the office and designed to improve in-house collections through
application of best practices; and
(2) a component designed to improve collection of
balances more than 60 days past due, which may be implemented by
entering into a contract with a private attorney or public or
private vendor in accordance with Article 103.0031.
(e) Not later than June 1 of each year, the office shall
identify those counties and municipalities that:
(1) have not implemented a program; and
(2) are able to implement a program before April 1 of
the following year.
(f) The comptroller, in cooperation with the office, shall
develop a methodology for determining the collection rate of
counties and municipalities described by Subsection (e) before
implementation of a program. The comptroller shall determine the
rate for each county and municipality not later than the first
anniversary of the county's or municipality's adoption of a
program.
(g) The office shall:
(1) make available on the office's Internet website
requirements for a program; and
(2) assist counties and municipalities in
implementing a program by providing training and consultation,
except that the office may not provide employees for implementation
of a program.
(h) The office, in consultation with the comptroller, may:
(1) use case dispositions, population, revenue data,
or other appropriate measures to develop a prioritized
implementation schedule for programs; and
(2) determine whether it is not cost-effective to
implement a program in a county or municipality and grant a waiver
to the county or municipality.
(i) Each county and municipality shall at least annually
submit to the office and the comptroller a written report that
includes updated information regarding the program, as determined
by the office in cooperation with the comptroller. The report must
be in a form approved by the office in cooperation with the
comptroller.
(j) The comptroller shall periodically audit counties and
municipalities to verify information reported under Subsection (i)
and confirm that the county or municipality is conforming with
requirements relating to the program. The comptroller shall
consult with the office in determining how frequently to conduct
audits under this section.
SECTION _.02. Section 133.058, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) A municipality or county may not retain a service fee
if, during an audit under Section 133.059 of this code or Article
103.0033(j), Code of Criminal Procedure, the comptroller
determines that the municipality or county is not in compliance
with Article 103.0033, Code of Criminal Procedure. The
municipality or county may continue to retain a service fee under
this section on receipt of a written confirmation from the
comptroller that the municipality or county is in compliance with
Article 103.0033, Code of Criminal Procedure.
SECTION _.03. Section 133.103, Local Government Code, is
amended by amending Subsections (b) and (c) and adding Subsection
(c-1) to read as follows:
(b) Except as provided by Subsection (c-1), the [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) Except as provided by Subsection (c-1), the [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.
(c-1) The treasurer shall send 100 percent of the fees
collected under this section to the comptroller if, during an audit
under Section 133.059 of this code or Article 103.0033(j), Code of
Criminal Procedure, the comptroller determines that the
municipality or county is not in compliance with Article 103.0033,
Code of Criminal Procedure. The municipality or county shall
continue to dispose of fees as otherwise provided by this section on
receipt of a written confirmation from the comptroller that the
municipality or county is in compliance with Article 103.0033, Code
of Criminal Procedure.
SECTION _.04. (a) Notwithstanding Subsection (e), Article
103.0033, Code of Criminal Procedure, as added by this article, not
later than September 1, 2005, the Office of Court Administration of
the Texas Judicial System shall identify those counties and
municipalities that are able to implement a collection improvement
program under Article 103.0033, Code of Criminal Procedure, as
amended by this article, before April 1, 2006. Beginning June 1,
2006, the Office of Court Administration of the Texas Judicial
System shall comply with Subsection (e), Article 103.0033, Code of
Criminal Procedure, as added by this article.
(b) Not later than September 1, 2005, the Office of Court
Administration of the Texas Judicial System shall make available on
the office's Internet website requirements for a program under
Article 103.0033, Code of Criminal Procedure, as amended by this
article, in accordance with Subsection (g) of that article.
(2) Strike Article 9 of the bill (Senate committee printing,
page 11, line 46 through page 14, line 4).