HBA-NMO H.B. 2739 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2739
By: Junell
Criminal Jurisprudence
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

Crimestoppers groups are paying increased rewards associated with the
implementation of an increased action campaign on behalf of crimestoppers.
H.B. 2739 requires a person to pay $1 as a court cost on conviction of a
misdemeanor punishable by fine only, and  requires the comptroller to
deposit 45 percent of the funds received to the credit of the crime
stoppers assistance account in the general revenue fund and the remaining
55 percent of the funds in the general revenue fund. 

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 102.013, Code of Criminal Procedure, by amending
Subsection (a) and adding Subsections (d)-(l), as follows: 
 
Art. 102.013. COURT COSTS;  CRIME STOPPERS ASSISTANCE ACCOUNT. (a) Requires
the criminal justice division of the governor's office (division) to
distribute all of the funds in the crime stoppers assistance account
(account) attributable to the imposition of court costs under this article
to crime stoppers organizations.  Authorizes the division to use 10 percent
of the funds in the account other than funds attributable to the imposition
of court costs under this article for the operation of the toll-free
telephone service under Section 414.012, Government Code, and requires the
division to distribute the remainder of those funds only to crime stoppers
organizations.  Authorizes the division to adopt a budget and rules to
implement the distribution of  funds under this article.  Makes conforming
changes. 
 
(d) Requires a person to pay $1 as a court cost on conviction of a
misdemeanor punishable by fine only, including a criminal violation of a
municipal ordinance, other than a conviction for an offense relating to
pedestrians or the parking of a motor vehicle.  
 
(e) Requires the court to assess and make a reasonable effort to collect
the cost due under this article whether or not any other court cost is
assessed or collected.  
 
(f) Provides that a person is considered to have been convicted, for the
purposes of this article, if a sentence is imposed; the defendant receives
community supervision or deferred adjudication; or the court defers final
disposition of the case.  
 
(g) Provides that court costs under this article are collected in the same
manner as other fines or costs.  Requires an officer collecting the costs
to keep separate records of the funds collected as costs under this article
and deposit the funds in the county or municipal treasury, as appropriate.  
 
(h) Requires the custodian of a county or municipal treasury to keep
records of the amount of funds on deposit collected under this article, and
send to the comptroller before the last day of the first month following
each calendar quarter the funds collected under this article during the
preceding quarter.  
  
(i) Authorizes a county or municipality to retain 10 percent of the funds
collected under this article by an officer of the county or municipality as
a collection fee if the custodian of the county or municipal treasury
complies with Subsection (h).  
 
(j) Requires the custodian of the treasury, if no funds due as costs under
this article are deposited in a county or municipal treasury in a calendar
quarter, to file the report required for the quarter in the regular manner
and provides that the custodian must state that no funds were collected.  
 
(k) Requires the comptroller to deposit 45 percent of the funds received
under this article to the credit of the crime stoppers assistance account
in the general revenue fund and deposit 55 percent of the funds received
under this article in the general revenue fund.  
 
(l) Provides that costs imposed under this article are in addition to all
other costs due in a criminal case.  
 
SECTION 2. Amends Section 414.010(a), Government Code, to authorize a crime
stoppers organization that receives funds from the criminal justice
division of the governor's office that are designated by the division as
being funds attributable to the imposition of court costs under Article
102.013, Code of Criminal Procedure to use the funds only to reward persons
who report information concerning criminal activity. 
 
SECTION 3.  Makes application of this Act prospective.
 
SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.