80R10666 T

By: Callegari H.B. No. 3299

A BILL TO BE ENTITLED

AN ACT

relating to revenue collection and expenditure efficiencies for county government.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 319, Government Code is amended by adding Section 319.023 as follows:

Sec. 319.023 INDEXING COURT FEES TO ANNUAL COST DRIVERS

(a) Fees associated with judicial services should be equitable, so that access to courts do not vary substantially throughout the state, and adjust to reflect increases in service costs. To this end, the comptroller shall develop a uniform fee escalator that considers workload, capacity, technology, and labor increases, and that can be applied equally and fairly to all court fees without regard to geographic location.

(b) Failing to identify a uniform fee escalator as defined in subsection (a), the comptroller shall annually adjust all statutory civil and criminal fees to reflect increases in service costs. No later than July 1 of each year the comptroller shall calculate the factor by which all fees will increase. The fee increase factor is calculated by adding the percent increase in state population to the consumer price index for the most recent available calendar year.

(c) The comptroller will publish a list of fees adjusted according to formula where in the first year of application:

STATUTORY FEE + (STATUTORY FEE x FEE INCREASE FACTOR) = UPDATED FEE

and in successive years according to the formula where:

PRIOR YEAR UPDATED FEE + (PRIOR YEAR UPDATED FEE X FEE INCREASE RATIO) = UPDATED FEE

(c) The list of adjusted fees will be posted on the comptroller's Internet website no later than July 31 of each year.

SECTION 2. Chapter 118 Subchapter Y, Local Government Code is amended by substituting a new subchapter title, adding new subsections (e) and (f) and renumbering the current subsection(e) as subsection (g) to read as follows:

SUBCHAPTER Y. [Penalties] IMPROPER COLLECTION

Sec. 118.801. OVERCHARGING OR IMPROPER COLLECTION OF FINE AND FEES; PENALTY

(e) A county officer that is uncertain about the legality of a state fine or fee can request a written directive from the comptroller that states whether the county officer must continue collection of the questioned fee. The comptroller must accept remitted collections for a questioned fine or fee until the directive is published and a copy provided to the requesting officer. A county officer that requests a written directive is not liable for claims of overcharging or improper collection of the state fine or fee in question.

(f) Where the collection of a county fee is contingent on collection of a questioned state fee, a county officer that is uncertain about the legality of a local fine or fee can request a written directive from commissioners court that states whether the county officer must continue collection of the questioned fee. A county officer that requests a written directive is not responsible for claims of overcharging or improper collection of the questioned fine or fee unless the officer takes an action that contravenes the directive, once the directive is issued. The county auditor may rely on the directive in determining whether to certify revenue, approve expenditures from or account for a questioned fine or fee.

[(e)] (g) The provisions of this section shall not affect the right of any party to recover attorney's fees, interest, or costs of court as provided by other law.

SECTION 3. Chapter 118 Subchapter Y, Local Government Code is amended by adding sections 118.802 through 118.804 as follows:

Section 118.802 REFUND OF FEES

(a) A commissioners court may approve refunding of money collected or received by a county officer through mistake of fact or law and deposited in the county treasury.

(b) Commissioners court must notify the county auditor and county treasurer of approved refunds. If commissioners court determines the process will be more efficient, authority to approve refund claims may be delegated to the treasurer or county auditor.

(b) A refund claim must be in writing and submitted by the collecting officer to the commissioners' court or its designee.

(c) The auditor and treasurer shall agree upon the minimum requirements for a form for requesting and disbursing refunds. In counties without an auditor or treasurer, the officers performing the accounting and disbursement functions must receive notices and perform the respective duties under this subsection.

(d) Unless another law provides a period within which a particular refund claim must be made, a refund claim may not be made under this section after four years from the latest date on which the amount collected or received by the state was due, if the amount was required to be paid on or before a particular date. If the amount was not required to be paid on or before a particular date, a refund claim may not be made after four years from the date the amount was collected or received. A person who fails to make a refund claim within the period provided by law waives any right to a refund of the amount paid.

(e) If a fee or portion of a fee requested for refund has been remitted to the state, the person requesting the refund must make the claim to the state comptroller. The county is not liable for refunding fees remitted and in possession of the state.

(f) This section does not apply to a refund of a tax.

Section 118.803. PROTEST REQUIRED FOR SUIT

(a) If a person who is required to pay any precinct, county or district officer any fine or fee contends that the fine or fee is unlawful or that the officer may not legally demand or collect the fine or fee, the person shall pay the amount claimed by the officer, and if the person intends to bring suit under this subchapter, the person must submit with the payment a protest.

(b) The protest must be in writing and must state fully and in detail each reason for recovering the payment.

(c) The protest payment must be made within the period set out in Section 118.802 for the filing of a refund claim.

Section 118.804. SUBMISSION OF PROTEST PAYMENTS TO TREASURER

(a) An officer who receives payments of fines or fees made under protest as required by Section 118.803 shall provide notice of each protested payment to the treasurer. The treasurer shall maintain detailed records of the payment made under protest, and provide the protest information to the county auditor for inclusion in the financial records of the county.

(b) The treasurer will forward all protests of state fines or fees to the state comptroller when the treasurer remits the collected money as required by Local Government Code Section 133.055, or other remittance law.

SECTION 4. Section 113.902 Local Government Code is amended by adding new subsections (c) and (d), and renumbering the current subsection (c) as subsection (e) as follows:

Sec. 113.902. PROSECUTION TO COLLECT DEBT OWED TO COUNTY; RECOVERY OF [ATTORNEY'S] FEES AND COSTS.

(a) The county treasurer shall direct prosecution for the recovery of any debt owed to the county, as provided by law, and shall supervise the collection of the debt.

(b) In a proceeding to recover a delinquent debt owed to the county, including a delinquent account, loan, interest payment, tax charge, fee, fine, penalty, or claim on a judgment, the county attorney may recover reasonable attorney's fees and investigative and court costs incurred on behalf of the county. The county attorney may recover the fees and costs in the same manner as provided by law for a private litigant.

(c) The county treasurer may charge a fee for collection efforts on delinquent payments more than thirty days in arrears, where the county or district attorney has not initiated legal proceedings against the debtor. The treasurer shall set the fee with the advice and consent of commissioners' court.

(d) For purposes of this section, a debt is defined as an amount due to the county by a person or organization under law, contract, or agreement.

[(c)] (e) This section does not apply to the recovery of a delinquent ad valorem tax owed to the county.

SECTION 5. Chapter 113 Subchapter Z, Local Government Code is amended by adding sections 113.904 as follows:

Sec. 113.904. INVESTIGATIVE INFORMATION

The county may obtain information relating to the location of a delinquent debtor from state agency databases. A tax assessor-collector, treasurer, county attorney, or district attorney that actively participates in a county's collection process may make the request.

SECTION 6. 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, 2007.