Texas 2011 - 82nd Regular

Texas House Bill HB3773 Latest Draft

Bill / Introduced Version

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                            By: Pitts H.B. No. 3773


 A BILL TO BE ENTITLED
 AN ACT
 relating to the duties of the comptroller of public accounts to
 audit the Office of Court Administration's Collection Improvement
 Program.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Article 103.0033, Code of Criminal Procedure is
 amended by amending Subsections (f), (h), (i), and (j) to read as
 follows:
 (f)  The office[comptroller, in cooperation with the
 office,] shall develop a methodology for determining the collection
 rate of counties and municipalities described by Subsection (e)
 before implementation of a program.  The office[comptroller] shall
 determine the rate for each county and municipality not later than
 the first anniversary of the county's or municipality's adoption of
 a program.
 (h)  The office[, in consultation with the comptroller,]
 may:
 (1)  use case dispositions, population, revenue data,
 or other appropriate measures to develop a prioritized
 implementation schedule for programs; and
 (2)  determine whether it is not cost-effective to
 implement a program in a county or municipality and grant a waiver
 to the county or municipality.
 (i)  Each county and municipality shall at least annually
 submit to the office [and the comptroller] a written report that
 includes updated information regarding the program, as determined
 by the office[ in cooperation with the comptroller].  The report
 must be in a form approved by the office[ in cooperation with the
 comptroller].
 (j)  The office[comptroller] shall periodically audit
 counties and municipalities to verify information reported under
 Subsection (i) and confirm that the county or municipality is
 conforming with requirements relating to the program.[  The
 comptroller shall consult with the office in determining how
 frequently to conduct audits under this section.]
 SECTION 2.  Section 133.103, Local Government Code is
 amended by amending Subsections (b) and (c) to read as follows:
 (b)  The[Except as provided by Subsection (c-1), the]
 treasurer shall send 50 percent of the fees collected under this
 section to the comptroller.  The comptroller shall deposit the fees
 received to the credit of the general revenue fund.
 (c)  The[Except as provided by Subsection (c-1),
 the]treasurer shall deposit 10 percent of the fees collected under
 this section in the general fund of the county or municipality for
 the purpose of improving the efficiency of the administration of
 justice in the county or municipality.  The county or municipality
 shall prioritize the needs of the judicial officer who collected
 the fees when making expenditures under this subsection and use the
 money deposited to provide for those needs.
 SECTION 3.  Sections 133.058(e) and 133.103(c-1), Local
 Government Code are repealed.
 SECTION 4.  This Act takes effect September 1, 2012.