LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

March 19, 2009

TO:	Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB2272 by Gutierrez (Relating to the collection of fines and costs imposed in a criminal case following a defendant's default in payment.), As Introduced

No fiscal implication to the State is anticipated.

The bill would amend Article 43.03(a) of the Code of Criminal Procedure to authorize a judge to order that any unpaid criminal court costs and fines be collected by execution against the defendant's property in the same manner as a judgment in a civil suit.  This collection-via-execution procedure is already available to judges under Article 43.07 of the Code of Criminal Procedure.  According to the Office of Court Administration (OCA) , this bill does not appear to give judges any additional collection tool and no fiscal implication to the state is anticipated.

The proposed changes to statute would apply only to a defendant sentenced to pay a fine or costs for convicted of an offense committed on or after the effective date of the bill.  The bill would take effect September 1, 2009.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JOB, ESi, JI, JJO, TP