HBA-DMD H.B. 928 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 928 By: Junell Judicial Affairs 4/8/1999 Introduced BACKGROUND AND PURPOSE The county court system in Texas collects and sends to the state portions of fines and fees levied for use by the state in financing the court system and the state. Currently, county judge's salaries are set by local counties and are supplemented $5,000 by signing an affidavit affirming that 40 percent of the judge's functions are judicial in nature. With this supplement, a county judge's salary is still lower than that of a district judge, even though the workload is comparable to that of a district judge. H.B. 928 entitles a county judge to a $10,000 annual salary supplement from the state if at least 40 percent of the functions that a county judge performs are judicial. This bill requires the state to compensate annually each county that collects the additional fees and costs in the amount of $5,000, provided that the county judge is entitled to a $10,000 annual salary supplement. It also requires the comptroller to determine the amount paid to the counties and the amount deposited in the judicial fund from the additional fees and costs that counties collect. This bill requires the state, if the total amount of additional fees and costs collected exceeds the amount of money that was paid to the counties, to remit the excess monies to the counties proportionately based on the percentage of the total paid by each county. H.B. 928 requires the clerk of a county court to collect a $40 filing fee, in addition to all other fees authorized or required by law, in each civil case filed in the court to be used for court-related purposes for the support of the judiciary, with an exception. This bill also requires a person to pay a $15 court cost upon conviction of any criminal offense in a county court. 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 26.006(a), Government Code, to entitle a county judge to a $10,000 annual salary supplement from the state if at least 40 percent of the functions that a county judge performs are judicial functions, provided that the county collects additional fees and costs under Section 51.703. Makes conforming changes. SECTION 2. Amends Subchapter A, Chapter 26, Government Code, by adding Sections 26.007 and 26.008, as follows: Sec. 26.007. STATE CONTRIBUTION. (a) Requires the state to compensate annually, beginning on the first day of the state fiscal year, each county that collects the additional fees and costs under Section 51.703 in the amount of $5,000, provided that the county judge is entitled to a $10,000 annual salary supplement. Requires the amount be paid to the county's salary fund in equal monthly installments from funds appropriated from the judicial fund. Sec. 26.008. EXCESS CONTRIBUTIONS. (a) Requires the comptroller, at the end of each state fiscal year, to determine the amount paid to the counties under Section 26.007 and the amount deposited in the judicial fund from the additional fees and costs that counties collect. Requires the state, if the total amount of additional fees and costs collected exceeds the amount of money that was paid to the counties, to remit the excess monies to the counties proportionately based on the percentage of the total paid by each county. (b) Requires the amount that the state remits to the county be placed in the county's general fund to be used exclusively for court-related purposes for the support of the judiciary as provided by Section 21.006. (c) Requires the comptroller, in determining the amount deposited in the judicial fund under Section 51.703 for a county that collects fees and costs as provided by that section, to credit $40 of each fee deposited in the judicial fund under Section 51.701 by that county for cases assigned to a county court as fees deposited under Section 51.703. SECTION 3. Amends the heading to Section 51.702, Government Code, as follows: Sec. 51.702. New Title: ADDITIONAL FEES AND COSTS IN CERTAIN STATUTORY COUNTY COURTS. Adds "statutory" to existing title. SECTION 4. Amends Subchapter H, Chapter 51, Government Code, by adding Section 51.703, as follows: Sec. 51.703. ADDITIONAL FEES AND COSTS IN CERTAIN COUNTY COURTS. Requires the clerk of a county court to collect a $40 filing fee, in addition to all other fees authorized or required by law, in each civil case filed in the court to be used for court-related purposes for the support of the judiciary, except as provided by Subsection (g). (b) Requires a person to pay a $15 court cost upon conviction of any criminal offense in a county court, including cases in which probation or deferred adjudication is granted, in addition to other court costs, and for a conviction under Chapter 521, Transportation Code (Driver's Licenses and Certificates) or a conviction under Subtitle C, Title 7, Transportation Code (Rules of the Road) but does not include a conviction under any law that regulates pedestrians or the parking of motor vehicles. (c) Requires court costs and fees due under this section to be collected in the same manner as other fees, fines, or costs are collected in the case. (d) Requires the clerk to send the fees and costs collected at least monthly to the comptroller, who is required to deposit the fees in the judicial fund. (e) Sets forth that Section 51.320 (Bill for Services) applies to a fee or cost collected under this section. (f) Sets forth that this section applies only to fees and costs for a 12-month period beginning July 1 in a county in which the commissioners court adopts a resolution authorizing fees and costs under this section and files the resolution with the comptroller no later than June 1 immediately preceding the first 12-month period in which the fees and costs are to be collected. (g) Provides that a resolution under Subsection (f) continues from year to year allowing the county to collect fees and costs under the terms of this section until the resolution is rescinded. (h) Provides that a commissioners court that desires to rescind a resolution adopted under Subsection (f) must submit a resolution stating that desire to the comptroller no later than June 1 prior to the first day of the state fiscal year in which the commissioners court desires to rescind the resolution. (i) Authorizes a county not eligible to participate under Subsection (f) on July 1 of a year but eligible to participate later in the year to submit a resolution to the comptroller that meets the requirements of Subsection (f). Requires the comptroller to determine the date the county is authorized to begin collecting fees and costs under this section. Provides that a county that begins collecting fees and costs after July 1 is not eligible for a payment by the comptroller under Section 26.007 until 60 days after the comptroller determines that the county is authorized to begin collecting fees and costs under this section. (j) Prohibits a clerk from collecting a fee under this section and under Section 51.701. SECTION 5.Makes application of Section 51.703, Government Code, of this Act prospective. SECTION 6.Emergency clause. Effective date: upon passage.