BILL ANALYSIS

 

 

Senate Research Center

H.B. 2251

88R6528 PRL-D

By: Raymond (Zaffirini)

 

Criminal Justice

 

5/4/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Article 103.001(b), Code of Criminal Procedure, requires a written bill of itemized court costs to be provided to a defendant in a court other than a justice or municipal court in order for the costs to be payable. Accordingly, Article 103.009 of that code requires officers of the court to keep a fee record for proceedings. Neither of these statutes, however, provide for the utilization of computerized case management and financial systems made available to court clerks for the maintenance of bill of cost items and subsequent payments. Court clerks may maintain a computerized image of the written bill of costs in these case management and financial systems, however, the individualized cost items are not separately recorded, which results in incomplete financial records. Changes are needed to ensure that billing and recordkeeping requirements for courts can be met by courts that have implemented computerized case and financial management systems. H.B. 2251 provides for these changes.

 

H.B. 2251 amends current law relating to computerized fee records in criminal cases.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Article 103.009, Code of Criminal Procedure, by adding Subsection (e), as follows:

 

(e) Requires an officer who has been provided a computerized case and financial management system by the county to:

 

(1) maintain the information described by Subsection (a) (relating to requiring each clerk of a court, county judge, justice of the peace, sheriff, constable, and marshal to keep a fee record containing certain information); and

 

(2) provide the complete computerized fee record in hard-copy form for purposes of satisfying the requirements of Article 103.001 (Costs Payable).

 

SECTION 2. Effective date: September 1, 2023.