BILL ANALYSIS

H.B. 1531

By: Bolton

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law assesses a $50 warrant fee against a defendant to recover the cost of executing warrants by law enforcement agencies; this fee has not been increased in 10 years.  A 2008 report conducted by the Travis County Planning and Budget Office estimates that the cost of executing a warrant now exceeds $80 per warrant, an expense that has placed an underfunded mandate on governmental entities that provide law enforcement services. This has forced local property tax payers to subsidize approximately 40 percent of the costs of executing the warrants.

H.B. 1531 increases from $50 to $75 the fee required to be paid by a defendant for a peace officer's service in executing or processing an issued arrest warrant, capias, or pro capias.

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

H.B. 1531 reenacts and amends Article 102.011(a), Code of Criminal Procedure, as amended by Sections 20 and 21, Chapter 1263, Acts of the 80th Legislature, Regular Session, 2007, to increase from $50 to $75 the amount of the fee required to be paid by a defendant convicted of a felony or misdemeanor for services performed in a criminal case by a peace officer for executing or processing an issued arrest warrant, capias, or pro capias.

EFFECTIVE DATE

September 1, 2009.