86R8547 TSS-D
By: Kacal H.B. No. 2311
A BILL TO BE ENTITLED
AN ACT
relating to the portion retained by a municipality or county of
certain court costs and fines imposed for a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 133.102(b), Local Government Code, is
amended to read as follows:
(b) The court costs under Subsection (a) shall be collected
and remitted to the comptroller in the manner provided by
Subchapter B, except that a municipality or county with a
population of less than 2,000 may retain 50 percent of the money
collected under Subsection (a)(3) as a service fee for the
collection if the municipality or county remits the remainder of
the money collected within the period prescribed by Section
133.055(a).
SECTION 2. Section 542.402, Transportation Code, is amended
by amending Subsections (b) and (b-2) and adding Subsection (e-1)
to read as follows:
(b) Except as provided by Subsection (e-1), in [In] each
fiscal year, a municipality having a population of less than 5,000
may retain, from fines collected for violations of this title and
from special expenses collected under Article 45.051, Code of
Criminal Procedure, in cases in which a violation of this title is
alleged, an amount equal to 30 percent of the municipality's
revenue for the preceding fiscal year from all sources, other than
federal funds and bond proceeds, as shown by the audit performed
under Section 103.001, Local Government Code. After a municipality
has retained that amount, the municipality shall send to the
comptroller any portion of a fine or a special expense collected
that exceeds $1.
(b-2) Except as provided by Subsection (e-1), in [In] each
fiscal year, a county described by Subsection (b-1) may retain,
from fines collected for violations of this title and from special
expenses collected under Article 45.051, Code of Criminal
Procedure, in cases in which a violation of this title is alleged,
an amount equal to 30 percent of the county's revenue for the
preceding fiscal year from all sources, other than federal funds
and bond proceeds, as shown by an audit performed under Chapter 115,
Local Government Code. After a county has retained that amount, the
county shall send to the comptroller any portion of a fine or a
special expense collected that exceeds $1.
(e-1) A municipality or county with a population of less
than 2,000 shall exclude the fees collected under Section 133.102,
Local Government Code, and the fines collected under Section
542.4031 from the fines collected for violations of this title for
purposes of determining the amount the municipality or county may
retain as provided by Subsections (b) and (b-2).
SECTION 3. Section 542.4031(f), Transportation Code, is
amended to read as follows:
(f) A [municipality or county may retain five percent of the
money collected under this section as a service fee for the
collection if the] municipality or county that remits [the] funds
to the comptroller within the period prescribed in Subsection (e)
may retain:
(1) for a municipality or county with a population of
less than 2,000, 50 percent of the money collected under this
section as a service fee for the collection;
(2) for a municipality or county with a population of
2,000 or more, five percent of the money collected under this
section as a service fee for the collection; and
(3) [. The municipality or county may retain] any
interest accrued on the money if the custodian of the money
deposited in the treasury keeps records of the amount of money
collected under this section that is on deposit in the treasury [and
remits the funds to the comptroller within the period prescribed in
Subsection (e)].
SECTION 4. The changes in law made by this Act to Sections
133.102, Local Government Code, and 542.4031, Transportation Code,
apply only to a fine or fee collected on conviction of an offense
committed on or after the effective date of this Act. A fine or fee
collected on conviction of an offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 5. The change in law made by this Act to Section
542.402, Transportation Code, applies only to a fiscal year
beginning on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2019.