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