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.