BILL ANALYSIS

C.S.H.B. 2311

By: Kacal

County Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been reported that many rural communities in Texas are facing severe budget constraints. C.S.H.B. 2311 seeks to address this issue by increasing the percentage of collected traffic fines certain counties and municipalities may retain.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

C.S.H.B. 2311 amends the Transportation Code to increase the percentage of state traffic fines that a municipality or county with a population of less than 2,000 may retain as a service fee for the collection of those fines from five percent to 33 percent. The bill requires such a municipality or county to exclude state traffic fines from the fines collected for violations of statutory provisions relating to vehicles and traffic for purposes of determining the amount of those fines the municipality or county may retain. The bill decreases the percentage of money received from state traffic fines collected by such a municipality or county that the comptroller of public accounts is required to deposit to reflect the following: 53.2 percent of the money to the credit of the undedicated portion of the general revenue fund and 46.8 percent of that money to the credit of the designated trauma facility and emergency medical services account.                         

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 2311 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute does not include a provision increasing the percentage of consolidated court costs collected for certain misdemeanor convictions that a municipality or county with a population of 2,000 or less may retain as a service fee for cost collection and does not require such a municipality or county to exclude those collected costs from the vehicle and traffic fines collected for purposes of determining the amount of those fines the municipality or county may retain.

The substitute changes the increased percentage of the amount of money for state traffic fines that such a municipality or county may retain as a service fee for the collection of those fines from 50 percent to 33 percent.

The substitute includes provisions decreasing the percentage of money received from state traffic fines collected by such a municipality or county that the comptroller is required to deposit to the fund and account.