By: White H.B. No. 4240
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the consideration of revenue
anticipated to be derived from criminal fines in planning for the
state budget.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 322, Government Code, is amended by
adding Section 322.0075 to read as follows:
Sec. 322.0075. PROHIBITION ON APPROPRIATION BASED ON
ANTICIPATED COLLECTION OF FINES; INJUNCTION. (a) In preparing a
general appropriations bill for introduction in a regular or
special legislative session, the Legislative Budget Board may not
consider an amount of state revenue anticipated to be derived from a
criminal fine as any part of the basis for proposing an amount to be
appropriated for any item of spending unless that revenue is:
(1) dedicated by law to the purpose of that spending;
(2) dedicated by law to the entity for which the
appropriation authorizes spending; or
(3) directed by law to be deposited to an account or
fund that is dedicated by law to the purpose of that spending.
(b) A person against whom a criminal fine is imposed has
standing to bring a lawsuit against this state to enjoin the
collection of the fine from any person or the spending in accordance
with an appropriation made by the General Appropriations Act of any
state revenue derived from the fine collected from any person. A
court shall grant the injunction on finding that:
(1) the basis for an amount appropriated for an item of
spending authorized by the General Appropriations Act is an amount
of state revenue anticipated to be derived from the criminal fine;
and
(2) state revenue derived from the fine is not:
(A) dedicated by law to the purpose of that
spending;
(B) dedicated by law to the entity for which the
appropriation authorizes spending; or
(C) directed by law to be deposited to an account
or fund that is dedicated by law to the purpose of that spending.
SECTION 2. This Act takes effect September 1, 2017.