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


Office of House Bill AnalysisC.S.H.B. 3173
By: Hartnett
Judicial Affairs
4/19/1999
Committee Report (Substituted)



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, C.S.H.B. 3173
amends Chapter 103, Code of Criminal Procedure (Collection and
Recordkeeping), to require a JP collecting 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,
a JP is required to deposit the money in the county treasury not later than
the seventh regular business day after their collection.   

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 a JP to deposit money in the
county treasury not later than the 30th day after its collection. 

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 (money) to deposit the money with the county treasurer not later than
the next regular business day, rather than immediately. Requires the JP, if
the next-business-day deadline is not practicable, to deposit the money on
or before the seventh regular business day after receiving the funds.   

(b)  Authorizes the commissioners court of a county with less than 50,000
inhabitants to prize a JP to deposit the money not later than 30 days after
collection.. 

(c) Makes a nonsubstantive change.

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

SECTION 3.   Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of the substitute modifies the original as follows:
 
Modifies Section 103.004, Code of Criminal Procedure, as amended by the
original, as follows:  

Sec.  103.004.  DISPOSITION OF COLLECTED MONEY.  (a) Conforms to
Legislative Council format. 

(b) Deletes proposed Subsection (b) of the original, which provided that a
JP who deposited money in a holding account established at a subdepository
in the county was not subject to removal from office.  Creates new
Subsection (b) from language redesignated from original Subsection (a), to
authorize a commissioners court of a county with a population of less than
50,000 to authorize a JP to deposit money in the county treasury for up to
30 days.  Conforms to Legislative Council format. 

(c) Conforms to Legislative Council format.

SECTION 2 of the substitute  modifies SECTION 2 of the original to conform
to Legislative Council format.