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


Office of House Bill AnalysisC.S.H.B. 2733
By: Thompson
Judicial Affairs
5/3/2001
Committee Report (Substituted)



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.  C.S.H.B. 2733 amends provisions
relating to the collection, remittance, and distribution of consolidated
criminal and civil fees. 

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

C.S.H.B. 2733 amends the Local Government Code to consolidate and
standardize the collection, remittance, and distribution of criminal and
civil fees payable to the comptroller of public accounts (comptroller).
The bill specifies the criminal and civil fees that are subject to the
application of these provisions (Secs. 133.001, 133.003, and 133.004).   

The bill sets forth provisions relating to the recording, collection,
remittance  and deposit of civil and criminal fees.  The bill requires the
treasurer to remit to the comptroller the funds from all collected fees
during the preceding quarter on or before the last day of the month
following each calendar quarter.  The bill sets forth provisions requiring
the treasurer to report the criminal fees and civil fees collected for the
preceding calendar quarter.  The bill authorizes a municipality or county
to retain 10 percent of the money collected from fees as a service fee for
the collection if the municipality or county remits the funds to the
comptroller within the prescribed time period.  The bill authorizes a
municipality or county to retain an amount greater than 10 percent of the
money collected from fees if retention of the greater amount is authorized
by law.  The county is authorized to retain five percent of the money
collected as a service fee on the basic legal service for indigents filing
fee.  The bill prohibits a county from retaining a service fee on the
collection of a fee for the judicial fund.  The bill authorizes the
comptroller to audit the records of a county or municipality relating to
the collected fees and provides for an audit by a state auditor for money
spent from collected fees (Secs. 133.051-133.059).  

The bill sets forth the fees a person convicted of certain offenses is
required to pay, in addition to all other costs.  The bill requires that
the money collected before January 1, 2002 be distributed using historical
data so that each account or fund receives the same amount of money that
the account or fund would have received if the fees for the accounts and
funds had been collected and reported separately.  The bill sets forth the
percentages of the fees that the comptroller is required to allocate to the
accounts for money collected on or after January 1, 2002.  The bill
prohibits the account or fund from receiving less than these percentages
(Sec. 133.102). 

 The bill requires that a person convicted of a felony or misdemeanor pay,
in addition to all other costs, a fee of $25 if the person 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.  The bill sets forth provisions specifying
the allocation of this fee (Sec. 133.103).  The bill requires that fees for
services performed by state peace officers be forwarded to the comptroller
after deducting four-fifths of the amount of each fee received, and be
credited to the general revenue fund (Sec. 133.104). 

In addition to standard filing fees, the clerk of a district court is
required to collect a $45 fee for family law cases and proceedings and a
$50 fee for the filing of any other civil suit and to remit the fees to the
comptroller.  The bill requires the comptroller to allocate the fees to
certain accounts and funds (Sec. 133.151). 

In addition to other required fees, the bill requires the clerk of a
district court, the clerk of a court other than a district court, the
courts of appeals, or the supreme court, to collect certain fees for the
filing of any civil action, counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee.  The bill
requires the fees to be remitted to the comptroller.  The bill requires the
comptroller to deposit the fees to the credit of the basic civil legal
services account of the judicial fund for use in programs approved by the
supreme court that provide basic civil legal services to an indigent (Secs.
133.152 and 133.153). 

EFFECTIVE DATE

January 1, 2002.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2733 differs from the original by amending the Local Government
Code to modify provisions relating to the collection, remittance, and
distribution of criminal and civil fees payable to the comptroller of
public accounts (comptroller).  The substitute sets forth the criminal and
civil fees that are subject to the application of these provisions (Secs.
133.003 and 133.004).  The substitute sets forth provisions relating to the
recording, collection, reporting, retaining, remittance, and deposit of
applicable civil and criminal fees (Secs.  133.051-133.058).  The
substitute authorizes the comptroller to audit the records of a county or
municipality relating to collected fees and provides for auditing by a
state auditor (Sec. 133.059).   

The substitute sets forth the fees a person convicted of certain offenses
is required to pay, in addition to all other costs.  The bill sets forth
the percentages of the fees that the comptroller is required to allocate to
the accounts (Sec. 133.102). 

The substitute requires that a person convicted of a felony or misdemeanor
pay certain fees, in addition to all other costs (Sec. 133.103).  The bill
requires that a portion of the fees for services performed by state peace
officers be forwarded to the comptroller (Sec. 133.104).  In addition to
standard filing fees, the clerk of certain courts is required to collect
fees for the filing of any other civil action (Secs. 133.151-133.153). 

The substitute repeals certain provisions in the Code of Criminal Procedure
and Government Code which were amended in the original bill and instead
consolidates provisions relating to civil and criminal fees in the Local
Government Code. 

The substitute modifies the effective date from on passage, or if the Act
does not receive the necessary vote, the Act takes effect September 1,
2001, to January 1, 2002.