HBA-JLV H.B. 2733 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2733
By: Thompson
Judicial Affairs
4/19/2001
Introduced



BACKGROUND AND PURPOSE 

Upon conviction of a municipal ordinance, misdemeanor, or felony, an
offender is ordered to pay state and local court costs, fees, and fines.
In 1997, eleven of the court fees were consolidated into one fee to be
reported and remitted each quarter to the state comptroller of public
accounts (comptroller).  The comptroller's report to the 77th Legislature
recommends consolidating the remaining four fees into the existing
consolidated fee structure.  According to the report, fee consolidation,
simplified collection, and reporting by municipal courts could lead to
significant savings in time and money.  House Bill 2733 consolidates the
four remaining fees into the existing consolidated fee structure for cases
prosecuted in municipal courts.   

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. 

ANALYSIS

House Bill 2733 amends the Code of Criminal Procedure to consolidate
municipal court fees.  The bill requires a defendant to pay a municipal
court cost fee of $83 on conviction of a municipal ordinance punishable by
a fine of more than $200, rather than $500, or on conviction of a
misdemeanor punishable by a fine of more than $500.  The bill increases,
from $17 to $40, a court fee on conviction of an offense punishable by fine
only.  The bill modifies the percentages that are collected for each
account to reflect the consolidated fee structure (Art. 102.075).  

H.B. 2733 amends the Government Code to require the custodian of the county
or municipal treasury to keep a record of the amount of money on deposit
collected and to send 50 percent of the fees collected to the comptroller
of public accounts quarterly, rather than monthly (Sec. 51.921). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.