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BILL ANALYSIS

 

 

Senate Research Center

H.B. 1426

82R5180 NAJ-D

By: Farias (Wentworth)

 

Jurisprudence

 

5/2/2011

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Legislation enacted several years ago required certain counties to implement a collections improvement program in accordance with the model program developed by the Office of Court Administration of the Texas Judicial System.  Bexar County created such a program under its Planning and Resource Management Department, which houses the Bexar County Budget Office and answers directly to the commissioners court.

 

Under current law, however, a commissioners court is not listed as an entity authorized to collect certain court costs, fees, and fines associated with the program.  Current law also requires that any employee who handles the collected money must be an employee of an entity allowed to collect money under the collection improvement program.  This causes administrative problems, as these court costs, fines, and fees must be collected by the sheriff's office first rather than directly by the commissioners court.

 

H.B. 1426 seeks to address these problems by allowing the commissioners court of a county in which the collection improvement program has been implemented to collect applicable court costs, fees, and fines, thereby rendering Bexar County's administration more efficient and preventing similar problems from arising in other counties.

 

H.B. 1426 amends current law relating to the collection of court costs, fees, fines, and other money by the commissioners courts of certain counties.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Article 103.003, Code of Criminal Procedure, by adding Subsection (b-1), as follows:

 

(b-1)  Authorizes the commissioners court of a county that has implemented a collection improvement program under Article 103.0033 (Collection Improvement Program) to collect money payable under this title or under other law.

 

SECTION 2.  Effective date: upon passage or September 1, 2011.