|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
|
|
relating to a prohibition on the consideration of revenue |
|
anticipated to be derived from criminal fines in planning for the |
|
state budget. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 322, Government Code, is amended by |
|
adding Section 322.0075 to read as follows: |
|
Sec. 322.0075. PROHIBITION ON APPROPRIATION BASED ON |
|
ANTICIPATED COLLECTION OF FINES; INJUNCTION. (a) In preparing a |
|
general appropriations bill for introduction in a regular or |
|
special legislative session, the Legislative Budget Board may not |
|
consider an amount of state revenue anticipated to be derived from a |
|
criminal fine as any part of the basis for proposing an amount to be |
|
appropriated for any item of spending unless that revenue is: |
|
(1) dedicated by law to the purpose of that spending; |
|
(2) dedicated by law to the entity for which the |
|
appropriation authorizes spending; or |
|
(3) directed by law to be deposited to an account or |
|
fund that is dedicated by law to the purpose of that spending. |
|
(b) A person against whom a criminal fine is imposed has |
|
standing to bring a lawsuit against this state to enjoin the |
|
collection of the fine from any person or the spending in accordance |
|
with an appropriation made by the General Appropriations Act of any |
|
state revenue derived from the fine collected from any person. A |
|
court shall grant the injunction on finding that: |
|
(1) the basis for an amount appropriated for an item of |
|
spending authorized by the General Appropriations Act is an amount |
|
of state revenue anticipated to be derived from the criminal fine; |
|
and |
|
(2) state revenue derived from the fine is not: |
|
(A) dedicated by law to the purpose of that |
|
spending; |
|
(B) dedicated by law to the entity for which the |
|
appropriation authorizes spending; or |
|
(C) directed by law to be deposited to an account |
|
or fund that is dedicated by law to the purpose of that spending. |
|
SECTION 2. This Act takes effect September 1, 2017. |