HBA-EDN H.B. 2607 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2607
By: Alexander
Criminal Jurisprudence
4/30/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, county courts are authorized to contract with outside
vendors for the collection of fines, fees, restitution, and other costs
ordered by a court.  However, county courts must pay these vendors fees out
of the money collected if they use their services.  Collecting delinquent
fines in this manner can be very costly for counties and, consequently, for
taxpayers.  Imposing a fee on the defendant for collecting a delinquent
fine, court cost, or court-ordered attorney's fee would eliminate taxpayers
having to pay these costs.  House Bill 2607 authorizes a county attorney,
district attorney, or criminal district attorney to collect such a fee. 

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 2607 amends the Code of Criminal Procedure to authorize a county
attorney, district attorney, or criminal district attorney to collect a fee
if the attorney's office collects a fine, court cost, or courtordered
attorney's fee that has not been paid within a period permitted by a
judgment.  The bill sets forth the maximum amounts of fees based on the
amount of the fine, court cost or court-ordered attorney's fee. H.B. 2607
requires such fees to be deposited in the county treasury in a special
fund, expenditures from which may be used only to defray the salaries and
expenses of the prosecutor's office.  The bill prohibits the county
attorney, district attorney, or criminal district attorney, from
supplementing his or her own salary from the fund.   

EFFECTIVE DATE

September 1, 2001.