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A BILL TO BE ENTITLED
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AN ACT
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relating to the program for improvement of collection of court |
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costs, fees, and fines imposed in criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (b), (c), (e), (h), (i), and (j), |
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Article 103.0033, Code of Criminal Procedure, are amended to read |
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as follows: |
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(b) This article applies [only] to each[:
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[(1) a] county in this state [with a population of
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50,000 or greater;] and to each |
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[(2) a] municipality with a population of 100,000 or |
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greater. |
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(c) Unless granted a waiver under Subsection (h), each |
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[county and] municipality shall develop and implement a program |
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that complies with the prioritized implementation schedule under |
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Subsection (h). A county may develop and implement a program that |
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complies with the prioritized implementation schedule under |
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Subsection (h). A county program must include district, county, |
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and justice courts. |
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(e) Not later than June 1 of each year, the office shall |
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identify those counties and municipalities that: |
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(1) have not implemented a program; and |
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(2) are planning [able] to implement a program before |
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April 1 of the following year. |
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(h) The office, in consultation with the comptroller, may: |
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(1) use case dispositions, population, revenue data, |
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or other appropriate measures to develop a prioritized |
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implementation schedule for programs; and |
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(2) for a municipality, determine whether it is not |
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actually cost-effective to implement a program in the [a county or] |
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municipality and grant a waiver to the [county or] municipality. |
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(i) Each county that implements a program and each |
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municipality shall at least annually submit to the office and the |
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comptroller a written report that includes updated information |
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regarding the program, as determined by the office in cooperation |
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with the comptroller. The report must be in a form approved by the |
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office in cooperation with the comptroller. |
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(j) The comptroller shall periodically audit [counties and] |
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municipalities to verify information reported under Subsection (i) |
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and confirm that the [county or] municipality is conforming with |
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requirements relating to the program. The comptroller shall |
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consult with the office in determining how frequently to conduct |
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audits under this section. |
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SECTION 2. Subsection (e), Section 133.058, Local |
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Government Code, is amended to read as follows: |
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(e) A municipality [or county] may not retain a service fee |
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if, during an audit under Section 133.059 of this code or Article |
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103.0033(j), Code of Criminal Procedure, the comptroller |
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determines that the municipality [or county] is not in compliance |
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with Article 103.0033, Code of Criminal Procedure. The |
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municipality [or county] may continue to retain a service fee under |
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this section on receipt of a written confirmation from the |
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comptroller that the municipality [or county] is in compliance with |
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Article 103.0033, Code of Criminal Procedure. |
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SECTION 3. Subsection (c-1), Section 133.103, Local |
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Government Code, is amended to read as follows: |
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(c-1) The treasurer shall send to the comptroller 100 |
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percent of the fees collected under this section by a municipality |
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[to the comptroller] if, during an audit under Section 133.059 of |
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this code or Article 103.0033(j), Code of Criminal Procedure, the |
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comptroller determines that the municipality [or county] is not in |
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compliance with Article 103.0033, Code of Criminal Procedure. The |
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municipality [or county] shall continue to dispose of fees as |
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otherwise provided by this section on receipt of a written |
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confirmation from the comptroller that the municipality [or county] |
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is in compliance with Article 103.0033, Code of Criminal Procedure. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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