| 1 | 1 | | By: West S.B. No. 967 |
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| 2 | 2 | | (Herrero) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a municipality or county to retain |
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| 8 | 8 | | certain fees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subsection (e), Section 133.058, Local |
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| 11 | 11 | | Government Code, is amended to read as follows: |
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| 12 | 12 | | (e) A municipality or county may not retain a service fee |
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| 13 | 13 | | if, during an audit under Article 103.0033(j), Code of Criminal |
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| 14 | 14 | | Procedure, the Office of Court Administration of the Texas Judicial |
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| 15 | 15 | | System determines that the municipality or county is not in |
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| 16 | 16 | | compliance with Article 103.0033, Code of Criminal Procedure, and |
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| 17 | 17 | | [in the case of a municipality if] the municipality or county is |
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| 18 | 18 | | unable to reestablish compliance on or before the 180th day after |
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| 19 | 19 | | the date the municipality or county receives written notice of |
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| 20 | 20 | | noncompliance from the office. After any period in which the |
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| 21 | 21 | | municipality or county becomes unable to retain a service fee under |
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| 22 | 22 | | this subsection, the municipality or county may begin once more to |
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| 23 | 23 | | retain the fee only on receipt of a written confirmation from the |
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| 24 | 24 | | office that the municipality or county is in compliance with |
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| 25 | 25 | | Article 103.0033, Code of Criminal Procedure. |
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| 26 | 26 | | SECTION 2. Subsection (c-1), Section 133.103, Local |
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| 27 | 27 | | Government Code, is amended to read as follows: |
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| 28 | 28 | | (c-1) The treasurer shall send to the comptroller 100 |
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| 29 | 29 | | percent of the fees collected under this section if, during an audit |
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| 30 | 30 | | under Article 103.0033(j), Code of Criminal Procedure, the Office |
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| 31 | 31 | | of Court Administration of the Texas Judicial System determines |
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| 32 | 32 | | that the municipality or county is not in compliance with Article |
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| 33 | 33 | | 103.0033, Code of Criminal Procedure, and [in the case of a |
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| 34 | 34 | | municipality if the municipality] is unable to reestablish |
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| 35 | 35 | | compliance on or before the 180th day after the date the |
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| 36 | 36 | | municipality or county receives written notice of noncompliance |
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| 37 | 37 | | from the office. After any period in which the treasurer is |
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| 38 | 38 | | required under this subsection to send 100 percent of the fees |
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| 39 | 39 | | collected under this section to the comptroller, the municipality |
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| 40 | 40 | | or county shall begin once more to dispose of fees as otherwise |
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| 41 | 41 | | provided by this section on receipt of a written confirmation from |
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| 42 | 42 | | the office that the municipality or county is in compliance with |
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| 43 | 43 | | Article 103.0033, Code of Criminal Procedure. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2013. |
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