HBA-AMW S.B. 1377 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1377
By: Armbrister
Judicial Affairs
5/10/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the state does not review the use of money collected as court
costs by cities and counties. Senate Bill 1377 requires the state auditor
to conduct a biennial review and to exercise continuing oversight for each
fund to which court costs are being deposited to determine whether the
funds are being used as intended and whether the court costs are
appropriate.   

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

Senate Bill 1377 amends the Government Code to require the state auditor,
each fiscal biennium, to review each fund and account into which money
collected as a court cost is directed by law to be deposited to determine
whether the money is being used for the purpose for which it is collected
and whether the amount of the court cost imposed is appropriate,
considering the purpose for which the court cost is collected.  The bill
requires the state auditor, not later than December 1 of each even-numbered
year, to make the findings from the review for the previous fiscal biennium
available to the public and to send a report of the state auditor's
findings to the governor, the lieutenant governor, the speaker of the house
of representatives, the chief justice of the supreme court, and the
presiding judge of the court of criminal appeals.  The bill authorizes the
findings to include recommendations for legislation or changes to policies
and specifies that the first report from the state auditor is due December
1, 2002. 

EFFECTIVE DATE

September 1, 2001.