HBA-ATS, LCA H.B. 3173 76(R) BILL ANALYSIS


Office of House Bill AnalysisH.B. 3173
By: Hartnett
Judicial Affairs
6/21/1999
Enrolled



BACKGROUND AND PURPOSE 

In 1996, the attorney general issued an opinion (Op. No. DM-396) requiring
a justice of the peace (JP), under the Code of Criminal Procedure, to
immediately deposit with a county treasurer all funds collected for a
county in that county's treasury.  In large, sparsely populated counties,
this requirement may be impracticable.  Nevertheless, a JP's failure to
immediately deposit such money may be construed as grounds for dismissal. 

To ensure that a JP has adequate time to make a deposit, H.B. 3173 amends
Chapter 103 (Collection and Recordkeeping), Code of Criminal Procedure, to
require an officer, including a JP, authorized to collect certain fines,
fees, and other monies on behalf of the state (money) to deposit such money
in the county treasury not later than the next business day after its
collection.  However, this bill provides that, if immediate deposit is not
practicable, an officer is required to deposit the money in the county
treasury as soon as possible, but not later than the third regular business
day after the money is collected.   

To provide for a county that covers a large area but has a small
population, this bill authorizes the commissioners court of a county with a
population of less than 50,000 to authorize an officer to deposit money in
the county treasury not later than the 30th day after its collection.  In
other circumstances, the county commissioners court is authorized to
authorize an officer to deposit the money in the county treasury by the
seventh regular business day after the money is collected.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 103.004, Code of Criminal Procedure, as follows:

Art. 103.004.  DISPOSITION OF COLLECTED MONEY.  (a)  Requires an officer
who collects recognizances, bail bonds, fines, forfeitures, judgments, jury
fees, and other obligations recovered in the name of the state (money) to
deposit the money in the county treasury not later than the next regular
business day, rather than immediately, except as provided by Subsections
(b) and (c).  Requires the officer, if meeting that deadline is not
practicable, to deposit the money as soon as possible, but not later than
the third regular business day after the money is collected. 

(b)  Authorizes the county commissioners court to authorize an officer to
deposit the money in the county treasury by the seventh regular business
day after the money is collected.   

(c)  Authorizes the commissioners court of a county with less than 50,000
inhabitants to authorize an officer to deposit the money not later than 30
days after collection. 

(d) Makes a nonsubstantive change.

 SECTION 2.   Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.   Emergency clause.