BILL ANALYSIS

S.B. 390

By: West

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law requires that all new criminal court costs imposed during a legislative session become effective on January 1 of the following year. However, there is an exception to this requirement for certain court costs. Interested parties contend that this exception complicates an already confusing criminal court cost structure by requiring court clerks to charge different costs during various times of the year. S.B. 390 seeks to enact a recommendation of the Texas Judicial Council to repeal the exception so that all new legislatively enacted criminal costs, among other costs and fees, become effective on January 1.

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

S.B. 390 repeals Section 51.607(d), Government Code, relating to an exception to statutory provisions that require the identification and listing of certain new or amended court costs and fees and delay their implementation, which exception applies to a court cost or fee if the law imposing or changing the amount of the cost or fee expressly provides that such provisions are inapplicable to the imposition or change in the amount of the cost or fee or if the law takes effect before August 1 or after the next January 1 following the regular session of the legislature at which the law was enacted.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.