HBA-NMO S.B. 229 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 229
By: Ellis
Judicial Affairs
5/19/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law requires certain municipal and county courts to collect a $25
time payment fee from persons who do not pay certain fines immediately.
Questions from courts have arisen regarding the application of the fee.
S.B. 229 requires each district court, statutory county court, county
court, justice court, and municipal court to collect a fee of $25 from a
person who pays any part of a fine, court costs, or restitution on or after
the 31st day after the date on which a judgment is entered assessing the
fine, court costs, or restitution. 

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 Section 51.921, Government Code, by amending Subsection
(a) and adding Subsection (f), as follows: 

(a) Requires each district court, statutory county court, county court
rather than county court at law, justice court, and municipal court to
collect a fee of $25 from a person who pays any part of  a fine, court
costs, or restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or restitution; rather
than a person who has been ordered to pay a fine, court costs, or
restitution by the court, and seeks to pay it over a period of time instead
of immediately.   

(f) Authorizes the comptroller of public accounts to audit the records of a
county or municipality relating to fees collected under this section (Time
Payment Fee). 

SECTION 2.  Effective date: September 1, 1999, except as provided by
SECTION 3. 
Makes application of this Act prospective.

SECTION 3.  Provides that this Act has no effect if no specific
appropriation is provided in H.B. 1, the General Appropriations Act. 

SECTION 4.  Emergency clause.