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


Office of House Bill AnalysisH.B. 3173
By: Hartnett
Judicial Affairs
4/8/1999
Introduced



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 the
county.  That opinion also states that the Code of Criminal Procedure does
not permit a JP to deposit monies collected in an account other than an
account at a bank under contract with the county treasurer.  As a result,
the failure of a JP to immediately deposit all funds collected constitutes
official misconduct, and is grounds for removal from office or other
disciplinary action by the Commission on Judicial Conduct. 

H.B. 3173 amends Chapter 103, Code of Criminal Procedure (Collection and
Recordkeeping), to provide that a JP collecting certain fines, fees, and
other monies on behalf of the state may deposit those monies into a
temporary holding account, and that a JP may take up to seven days, or 30
days in counties with a population of less than 50,000, to deposit funds
with a county treasurer, without being subject to dismissal. 

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 a justice of
the peace (JP) who collects recognizances, bail bonds, fines, forfeitures,
judgments, jury fees, and other obligations recovered in the name of the
state to deposit the funds with the county treasurer within one business
day, rather than immediately.  Provides that, if the nextbusiness-day
deadline is not met, the JP must deposit the funds on or before the seventh
business day after receiving the funds.  Provides that, in a county with
less than 50,000 inhabitants, a commissioners court may extend the period
during which a JP may deposit funds for up to 30 days. 

(b) Provides that a JP receiving funds under Subsection (a) may temporarily
deposit the funds in a holding account.  Provides that depositing funds
into the holding account is not grounds for dismissal. 

(c)  Created from existing text.

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

SECTION 3.   Emergency clause.