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A BILL TO BE ENTITLED
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AN ACT
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relating to the portion retained by a municipality or county of |
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certain court costs and fines imposed for a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 133.102(b), Local Government Code, is |
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amended to read as follows: |
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(b) The court costs under Subsection (a) shall be collected |
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and remitted to the comptroller in the manner provided by |
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Subchapter B, except that a municipality or county with a |
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population of less than 2,000 may retain 50 percent of the money |
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collected under Subsection (a)(3) as a service fee for the |
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collection if the municipality or county remits the remainder of |
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the money collected within the period prescribed by Section |
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133.055(a). |
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SECTION 2. Section 542.402, Transportation Code, is amended |
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by amending Subsections (b) and (b-2) and adding Subsection (e-1) |
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to read as follows: |
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(b) Except as provided by Subsection (e-1), in [In] each |
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fiscal year, a municipality having a population of less than 5,000 |
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may retain, from fines collected for violations of this title and |
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from special expenses collected under Article 45.051, Code of |
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Criminal Procedure, in cases in which a violation of this title is |
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alleged, an amount equal to 30 percent of the municipality's |
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revenue for the preceding fiscal year from all sources, other than |
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federal funds and bond proceeds, as shown by the audit performed |
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under Section 103.001, Local Government Code. After a municipality |
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has retained that amount, the municipality shall send to the |
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comptroller any portion of a fine or a special expense collected |
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that exceeds $1. |
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(b-2) Except as provided by Subsection (e-1), in [In] each |
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fiscal year, a county described by Subsection (b-1) may retain, |
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from fines collected for violations of this title and from special |
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expenses collected under Article 45.051, Code of Criminal |
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Procedure, in cases in which a violation of this title is alleged, |
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an amount equal to 30 percent of the county's revenue for the |
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preceding fiscal year from all sources, other than federal funds |
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and bond proceeds, as shown by an audit performed under Chapter 115, |
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Local Government Code. After a county has retained that amount, the |
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county shall send to the comptroller any portion of a fine or a |
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special expense collected that exceeds $1. |
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(e-1) A municipality or county with a population of less |
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than 2,000 shall exclude the fees collected under Section 133.102, |
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Local Government Code, and the fines collected under Section |
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542.4031 from the fines collected for violations of this title for |
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purposes of determining the amount the municipality or county may |
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retain as provided by Subsections (b) and (b-2). |
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SECTION 3. Section 542.4031(f), Transportation Code, is |
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amended to read as follows: |
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(f) A [municipality or county may retain five percent of the
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money collected under this section as a service fee for the
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collection if the] municipality or county that remits [the] funds |
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to the comptroller within the period prescribed in Subsection (e) |
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may retain: |
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(1) for a municipality or county with a population of |
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less than 2,000, 50 percent of the money collected under this |
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section as a service fee for the collection; |
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(2) for a municipality or county with a population of |
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2,000 or more, five percent of the money collected under this |
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section as a service fee for the collection; and |
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(3) [. The municipality or county may retain] any |
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interest accrued on the money if the custodian of the money |
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deposited in the treasury keeps records of the amount of money |
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collected under this section that is on deposit in the treasury [and
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remits the funds to the comptroller within the period prescribed in
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Subsection (e)]. |
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SECTION 4. The changes in law made by this Act to Sections |
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133.102, Local Government Code, and 542.4031, Transportation Code, |
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apply only to a fine or fee collected on conviction of an offense |
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committed on or after the effective date of this Act. A fine or fee |
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collected on conviction of an offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 5. The change in law made by this Act to Section |
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542.402, Transportation Code, applies only to a fiscal year |
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beginning on or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2019. |