TX
Texas House Bill HB2311

Texas 2019 - 86th Regular

Texas House Bill HB2311 Compare Versions

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1-86R23360 TSS-D
1+86R8547 TSS-D
22 By: Kacal H.B. No. 2311
3- Substitute the following for H.B. No. 2311:
4- By: Biedermann C.S.H.B. No. 2311
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the portion retained by a municipality or county of
10- certain fines imposed for a criminal offense.
8+ certain court costs and fines imposed for a criminal offense.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Section 542.402, Transportation Code, is amended
10+ SECTION 1. Section 133.102(b), Local Government Code, is
11+ amended to read as follows:
12+ (b) The court costs under Subsection (a) shall be collected
13+ and remitted to the comptroller in the manner provided by
14+ Subchapter B, except that a municipality or county with a
15+ population of less than 2,000 may retain 50 percent of the money
16+ collected under Subsection (a)(3) as a service fee for the
17+ collection if the municipality or county remits the remainder of
18+ the money collected within the period prescribed by Section
19+ 133.055(a).
20+ SECTION 2. Section 542.402, Transportation Code, is amended
1321 by amending Subsections (b) and (b-2) and adding Subsection (e-1)
1422 to read as follows:
1523 (b) Except as provided by Subsection (e-1), in [In] each
1624 fiscal year, a municipality having a population of less than 5,000
1725 may retain, from fines collected for violations of this title and
1826 from special expenses collected under Article 45.051, Code of
1927 Criminal Procedure, in cases in which a violation of this title is
2028 alleged, an amount equal to 30 percent of the municipality's
2129 revenue for the preceding fiscal year from all sources, other than
2230 federal funds and bond proceeds, as shown by the audit performed
2331 under Section 103.001, Local Government Code. After a municipality
2432 has retained that amount, the municipality shall send to the
2533 comptroller any portion of a fine or a special expense collected
2634 that exceeds $1.
2735 (b-2) Except as provided by Subsection (e-1), in [In] each
2836 fiscal year, a county described by Subsection (b-1) may retain,
2937 from fines collected for violations of this title and from special
3038 expenses collected under Article 45.051, Code of Criminal
3139 Procedure, in cases in which a violation of this title is alleged,
3240 an amount equal to 30 percent of the county's revenue for the
3341 preceding fiscal year from all sources, other than federal funds
3442 and bond proceeds, as shown by an audit performed under Chapter 115,
3543 Local Government Code. After a county has retained that amount, the
3644 county shall send to the comptroller any portion of a fine or a
3745 special expense collected that exceeds $1.
3846 (e-1) A municipality or county with a population of less
39- than 2,000 shall exclude the fines collected under Section 542.4031
40- from the fines collected for violations of this title for purposes
41- of determining the amount the municipality or county may retain as
42- provided by Subsections (b) and (b-2).
43- SECTION 2. Section 542.4031, Transportation Code, is
44- amended by amending Subsections (f) and (g) and adding Subsection
45- (g-1) to read as follows:
47+ than 2,000 shall exclude the fees collected under Section 133.102,
48+ Local Government Code, and the fines collected under Section
49+ 542.4031 from the fines collected for violations of this title for
50+ purposes of determining the amount the municipality or county may
51+ retain as provided by Subsections (b) and (b-2).
52+ SECTION 3. Section 542.4031(f), Transportation Code, is
53+ amended to read as follows:
4654 (f) A [municipality or county may retain five percent of the
4755 money collected under this section as a service fee for the
4856 collection if the] municipality or county that remits [the] funds
4957 to the comptroller within the period prescribed in Subsection (e)
5058 may retain:
5159 (1) for a municipality or county with a population of
52- less than 2,000, 33 percent of the money collected under this
60+ less than 2,000, 50 percent of the money collected under this
5361 section as a service fee for the collection;
5462 (2) for a municipality or county with a population of
5563 2,000 or more, five percent of the money collected under this
5664 section as a service fee for the collection; and
5765 (3) [. The municipality or county may retain] any
5866 interest accrued on the money if the custodian of the money
5967 deposited in the treasury keeps records of the amount of money
6068 collected under this section that is on deposit in the treasury [and
6169 remits the funds to the comptroller within the period prescribed in
6270 Subsection (e)].
63- (g) Of the money received by the comptroller under this
64- section from a municipality or county with a population of 2,000 or
65- more, the comptroller shall deposit:
66- (1) 67 percent to the credit of the undedicated
67- portion of the general revenue fund; and
68- (2) 33 percent to the credit of the designated trauma
69- facility and emergency medical services account under Section
70- 780.003, Health and Safety Code.
71- (g-1) Of the money received by the comptroller under this
72- section from a municipality or county with a population of less than
73- 2,000, the comptroller shall deposit:
74- (1) 53.2 percent to the credit of the undedicated
75- portion of the general revenue fund; and
76- (2) 46.8 percent to the credit of the designated
77- trauma facility and emergency medical services account under
78- Section 780.003, Health and Safety Code.
79- SECTION 3. The change in law made by this Act to Section
71+ SECTION 4. The changes in law made by this Act to Sections
72+ 133.102, Local Government Code, and 542.4031, Transportation Code,
73+ apply only to a fine or fee collected on conviction of an offense
74+ committed on or after the effective date of this Act. A fine or fee
75+ collected on conviction of an offense committed before the
76+ effective date of this Act is covered by the law in effect when the
77+ offense was committed, and the former law is continued in effect for
78+ that purpose. For purposes of this section, an offense was
79+ committed before the effective date of this Act if any element of
80+ the offense occurred before that date.
81+ SECTION 5. The change in law made by this Act to Section
8082 542.402, Transportation Code, applies only to a fiscal year
8183 beginning on or after the effective date of this Act.
82- SECTION 4. The changes in law made by this Act to Section
83- 542.4031, Transportation Code, apply only to a fine collected on
84- conviction of an offense committed on or after the effective date of
85- this Act. A fine collected on conviction of an offense committed
86- before the effective date of this Act is covered by the law in
87- effect when the offense was committed, and the former law is
88- continued in effect for that purpose. For purposes of this section,
89- an offense was committed before the effective date of this Act if
90- any element of the offense occurred before that date.
91- SECTION 5. This Act takes effect September 1, 2019.
84+ SECTION 6. This Act takes effect September 1, 2019.