Texas 2011 - 82nd Regular

Texas House Bill HB3648 Compare Versions

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1	1	82R12075 CAE-D
2	2	By: Otto H.B. No. 3648
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state fiscal matters related to the judiciary.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION
10	10	OF CHARGES GENERALLY
11	11	SECTION 1.01. This article applies to any state agency that
12	12	receives an appropriation under Article IV of the General
13	13	Appropriations Act.
14	14	SECTION 1.02. Notwithstanding any other statute of this
15	15	state, each state agency to which this article applies is
16	16	authorized to reduce or recover expenditures by:
17	17	(1) consolidating any reports or publications the
18	18	agency is required to make and filing or delivering any of those
19	19	reports or publications exclusively by electronic means;
20	20	(2) extending the effective period of any license,
21	21	permit, or registration the agency grants or administers;
22	22	(3) entering into a contract with another governmental
23	23	entity or with a private vendor to carry out any of the agency's
24	24	duties;
25	25	(4) adopting additional eligibility requirements for
26	26	persons who receive benefits under any law the agency administers
27	27	to ensure that those benefits are received by the most deserving
28	28	persons consistent with the purposes for which the benefits are
29	29	provided;
30	30	(5) providing that any communication between the
31	31	agency and another person and any document required to be delivered
32	32	to or by the agency, including any application, notice, billing
33	33	statement, receipt, or certificate, may be made or delivered by
34	34	e-mail or through the Internet; and
35	35	(6) adopting and collecting fees or charges to cover
36	36	any costs the agency incurs in performing its lawful functions.
37	37	ARTICLE 2. REDUCTION IN GENERAL APPROPRIATIONS ACT
38	38	SECTION 2.01. An active, former, or retired visiting judge
39	39	or justice is not entitled to an amount from the state for expenses,
40	40	per diem, travel, or salary that exceeds the amount authorized for
41	41	those purposes by the General Appropriations Act.
42	42	SECTION 2.02. A local administrative district judge is not
43	43	entitled to a salary from the state under Section 659.012(d),
44	44	Government Code, that exceeds the amount authorized for that salary
45	45	by the General Appropriations Act.
46	46	SECTION 2.03. An active district judge is not entitled to
47	47	travel expenses under Section 24.019, Government Code, in an amount
48	48	that exceeds the amount authorized for those expenses by the
49	49	General Appropriations Act.
50	50	SECTION 2.04. A judge, justice, or prosecuting attorney is
51	51	not entitled to an amount from the state for a salary, a salary
52	52	supplement, office expenses or reimbursement of office expenses, or
53	53	travel that exceeds the amount authorized for those purposes by the
54	54	General Appropriations Act.
55	55	SECTION 2.05. (a) A county is not entitled to receive from
56	56	the state supplemental salary compensation for county prosecutors
57	57	under Section 46.0031, Government Code, or longevity pay
58	58	supplements reimbursement under Section 41.255, Government Code,
59	59	or any other supplements for prosecutors, in an amount that exceeds
60	60	the amount appropriated for those purposes by the General
61	61	Appropriations Act.
62	62	(b) A county is not entitled to state contributions for
63	63	salaries or supplements under Chapter 25 or 26, Government Code, in
64	64	an amount that exceeds the amounts appropriated for those purposes
65	65	in the General Appropriations Act.
66	66	(c) A county is not entitled to reimbursement under Article
67	67	11.071, Code of Criminal Procedure, for reimbursement for
68	68	compensation of counsel under that article in an amount that
69	69	exceeds the amount appropriated for that purpose in the General
70	70	Appropriations Act.
71	71	SECTION 2.06. A person reimbursed by the state for travel
72	72	and expenses for attendance as a witness as provided by Article
73	73	35.27, Code of Criminal Procedure, is not entitled to an amount that
74	74	exceeds the amount appropriated for that purpose by the General
75	75	Appropriations Act.
76	76	ARTICLE 3. FISCAL MATTERS REGARDING ASSISTANT PROSECUTORS
77	77	SECTION 3.01. Section 41.255(f), Government Code, is
78	78	amended to read as follows:
79	79	(f) A county is not required to pay longevity supplements if
80	80	the county does not receive funds from the comptroller as provided
81	81	by Subsection (d). If sufficient funds are not available to meet
82	82	the requests made by counties for funds for payment of assistant
83	83	prosecutors qualified for longevity supplements:
84	84	(1) [,] the comptroller shall apportion the available
85	85	funds to the eligible counties by reducing the amount payable to
86	86	each county on an equal percentage basis;
87	87	(2) a county is not entitled to receive the balance of
88	88	the funds at a later date; and
89	89	(3) the longevity pay program under this chapter is
90	90	suspended to the extent of the insufficiency. [A county that
91	91	receives from the comptroller an amount less than the amount
92	92	certified by the county to the comptroller under Subsection (d)
93	93	shall apportion the funds received by reducing the amount payable
94	94	to eligible assistant prosecutors on an equal percentage basis, but
95	95	is not required to use county funds to make up any difference
96	96	between the amount certified and the amount received.]
97	97	SECTION 3.02. Section 41.255(g), Government Code, is
98	98	repealed.
99	99	ARTICLE 4. FISCAL MATTERS REGARDING PROCESS SERVERS
100	100	SECTION 4.01. Subchapter A, Chapter 51, Government Code, is
101	101	amended by adding Section 51.008 to read as follows:
102	102	Sec. 51.008. FEES FOR PROCESS SERVER CERTIFICATION. (a)
103	103	The process server review board established by supreme court order
104	104	may recommend to the supreme court the fees to be charged for
105	105	process server certification and renewal of certification. The
106	106	supreme court must approve the fees recommended by the process
107	107	server review board before the fees may be collected.
108	108	(b) If a certification is issued or renewed for a term that
109	109	is less than the certification period provided by supreme court
110	110	rule, the fee for the certification shall be prorated so that the
111	111	process server pays only that portion of the fee that is allocable
112	112	to the period during which the certification is valid. On renewal
113	113	of the certification on the new expiration date, the process server
114	114	must pay the entire certification renewal fee.
115	115	(c) The Office of Court Administration of the Texas Judicial
116	116	System may collect the fees recommended by the process server
117	117	review board and approved by the supreme court. Fees collected
118	118	under this section shall be sent to the comptroller for deposit to
119	119	the credit of the general revenue fund.
120	120	(d) Fees collected under this section may be appropriated to
121	121	the Office of Court Administration of the Texas Judicial System for
122	122	the support of regulatory programs for process servers and
123	123	guardians.
124	124	SECTION 4.02. Subchapter B, Chapter 72, Government Code, is
125	125	amended by adding Sections 72.013 and 72.014 to read as follows:
126	126	Sec. 72.013. PROCESS SERVER REVIEW BOARD. A person
127	127	appointed to the process server review board established by supreme
128	128	court order serves without compensation but is entitled to
129	129	reimbursement for actual and necessary expenses incurred in
130	130	traveling and performing official board duties.
131	131	Sec. 72.014. CERTIFICATION DIVISION. The office shall
132	132	establish a certification division to oversee the regulatory
133	133	programs assigned to the office by law or by the supreme court.
134	134	SECTION 4.03. (a) The fees recommended and approved under
135	135	Section 51.008, Government Code, as added by this article, apply
136	136	to:
137	137	(1) each person who holds a process server
138	138	certification on the effective date of this Act; and
139	139	(2) each person who applies for process server
140	140	certification on or after the effective date of this Act.
141	141	(b) The Office of Court Administration of the Texas Judicial
142	142	System shall prorate the process server certification fee so that a
143	143	person who holds a process server certification on the effective
144	144	date of this Act pays only that portion of the fee that is allocable
145	145	to the period during which the certification is valid. On renewal
146	146	of the certification on the new expiration date, the entire
147	147	certification renewal fee is payable.
148	148	ARTICLE 5. FISCAL MATTERS REGARDING JUDICIAL AND COURT PERSONNEL
149	149	TRAINING FUND
150	150	SECTION 5.01. Section 56.001, Government Code, is amended
151	151	to read as follows:
152	152	Sec. 56.001. JUDICIAL AND COURT PERSONNEL TRAINING FUND.
153	153	(a) The judicial and court personnel training fund is an account in
154	154	the general revenue fund. Money in the judicial and court personnel
155	155	training fund may be appropriated only to [created in the state
156	156	treasury and shall be administered by] the court of criminal
157	157	appeals for the uses authorized in Section 56.003.
158	158	(b) [(i)] On requisition of the court of criminal appeals,
159	159	the comptroller shall draw a warrant on the fund for the amount
160	160	specified in the requisition for a use authorized in Section
161	161	56.003. A warrant may not exceed the amount appropriated for any
162	162	one fiscal year. [At the end of each state fiscal year, any
163	163	unexpended balance in the fund in excess of $500,000 shall be
164	164	transferred to the general revenue fund.]
165	165	ARTICLE 6. FISCAL MATTERS REGARDING PAYMENT OF JURORS
166	166	SECTION 6.01. Section 61.001(a), Government Code, is
167	167	amended to read as follows:
168	168	(a) Except as provided by Subsection (c), a person who
169	169	reports for jury service in response to the process of a court is
170	170	entitled to receive as reimbursement for travel and other expenses
171	171	an amount:
172	172	(1) not less than $6 for the first day or fraction of
173	173	the first day the person is in attendance in court in response to
174	174	the process and discharges the person's duty for that day; and
175	175	(2) not less than the amount provided in the General
176	176	Appropriations Act [$40] for each day or fraction of each day the
177	177	person is in attendance in court in response to the process after
178	178	the first day and discharges the person's duty for that day.
179	179	SECTION 6.02. Sections 61.0015(a) and (e), Government Code,
180	180	are amended to read as follows:
181	181	(a) The state shall reimburse a county the appropriate
182	182	amount as provided in the General Appropriations Act [$34 a day] for
183	183	the reimbursement paid under Section 61.001 to a person who reports
184	184	for jury service in response to the process of a court for each day
185	185	or fraction of each day after the first day in attendance in court
186	186	in response to the process.
187	187	(e) If a payment on a county's claim for reimbursement is
188	188	reduced under Subsection (d), or if a county fails to file the claim
189	189	for reimbursement in a timely manner, the comptroller may, as
190	190	provided by rule, apportion the payment of the balance owed the
191	191	county. The comptroller's rules may permit a different rate of
192	192	reimbursement for each quarterly payment under Subsection (c)
193	193	[shall:
194	194	[(1) pay the balance owed to the county when
195	195	sufficient money described by Subsection (c) is available; or
196	196	[(2) carry forward the balance owed to the county and
197	197	pay the balance to the county when the next payment is required].
198	198	ARTICLE 7. EFFECTIVE DATE
199	199	SECTION 7.01. This Act takes effect September 1, 2011.