By: West S.B. No. 967
(Herrero)
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality or county to retain
certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 Article 103.0033(j), Code of Criminal
Procedure, the Office of Court Administration of the Texas Judicial
System determines that the municipality or county is not in
compliance with Article 103.0033, Code of Criminal Procedure, and
[in the case of a municipality if] the municipality or county is
unable to reestablish compliance on or before the 180th day after
the date the municipality or county receives written notice of
noncompliance from the office. After any period in which the
municipality or county becomes unable to retain a service fee under
this subsection, the municipality or county may begin once more to
retain the fee only on receipt of a written confirmation from the
office that the municipality or county is in compliance with
Article 103.0033, Code of Criminal Procedure.
SECTION 2. 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 if, during an audit
under Article 103.0033(j), Code of Criminal Procedure, the Office
of Court Administration of the Texas Judicial System determines
that the municipality or county is not in compliance with Article
103.0033, Code of Criminal Procedure, and [in the case of a
municipality if the municipality] is unable to reestablish
compliance on or before the 180th day after the date the
municipality or county receives written notice of noncompliance
from the office. After any period in which the treasurer is
required under this subsection to send 100 percent of the fees
collected under this section to the comptroller, the municipality
or county shall begin once more to dispose of fees as otherwise
provided by this section on receipt of a written confirmation from
the office that the municipality or county is in compliance with
Article 103.0033, Code of Criminal Procedure.
SECTION 3. 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, 2013.