By: Nichols S.B. No. 1059
(Jackson)
A BILL TO BE ENTITLED
AN ACT
relating to the program for improvement of collection of court
costs, fees, and fines imposed in criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (b), (c), (e), (h), (i), and (j),
Article 103.0033, Code of Criminal Procedure, are amended to read
as follows:
(b) This article applies [only] to each[:
[(1) a] county in this state [with a population of
50,000 or greater;] and to each
[(2) a] municipality with a population of 100,000 or
greater.
(c) Unless granted a waiver under Subsection (h), each
[county and] municipality shall develop and implement a program
that complies with the prioritized implementation schedule under
Subsection (h). A county may develop and implement a program that
complies with the prioritized implementation schedule under
Subsection (h). A county program must include district, county,
and justice courts.
(e) Not later than June 1 of each year, the office shall
identify those counties and municipalities that:
(1) have not implemented a program; and
(2) are planning [able] to implement a program before
April 1 of the following year.
(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) for a municipality, determine whether it is not
actually cost-effective to implement a program in the [a county or]
municipality and grant a waiver to the [county or] municipality.
(i) Each county that implements a program and each
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 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. Subsection (e), Section 133.058, Local
Government Code, is amended to read as follows:
(e) A municipality [or county] may not retain a service fee
if, during an audit under Section 133.059 of this code or Article
103.0033(j), Code of Criminal Procedure, the comptroller
determines that the municipality [or county] is not in compliance
with Article 103.0033, Code of Criminal Procedure. The
municipality [or county] may continue to retain a service fee under
this section on receipt of a written confirmation from the
comptroller that the municipality [or county] is in compliance with
Article 103.0033, Code of Criminal Procedure.
SECTION 3. Subsection (c-1), Section 133.103, Local
Government Code, is amended to read as follows:
(c-1) The treasurer shall send to the comptroller 100
percent of the fees collected under this section by a municipality
[to the comptroller] if, during an audit under Section 133.059 of
this code or Article 103.0033(j), Code of Criminal Procedure, the
comptroller determines that the municipality [or county] is not in
compliance with Article 103.0033, Code of Criminal Procedure. The
municipality [or county] shall continue to dispose of fees as
otherwise provided by this section on receipt of a written
confirmation from the comptroller that the municipality [or county]
is in compliance with Article 103.0033, Code of Criminal Procedure.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.