BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1080

                                                                                                                                           By: Driver

                                                                                                                                       State Affairs

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Section 161.253(a), Health and Safety Code, currently requires a justice or municipal court to suspend execution of sentence for a first conviction for the offense of possession or consumption of tobacco products by an individual under 18 years of age.  Current law does not expressly permit nor prohibit the collection of courts costs as in other actions involving the suspension of a sentence.  The Comptroller of Public Accounts has encouraged the courts to collect court costs for suspension of sentence in tobacco-related cases. H.B. 1080 amends the Health and Safety Code to require the payment of court costs in order to have a sentence suspended for conviction of tobacco-related offenses by persons under the age of 18.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

Amends Section 161.253(a) of the Health and Safety Code to require the payment of court costs in order to have a sentence suspended for conviction of tobacco-related offenses by persons under the age of 18.

 

EFFECTIVE DATE

 

September 1, 2005