HBA-JLV S.B. 1379 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1379
By: Armbrister
Judicial Affairs
5/10/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, legislation implementing new court costs and fees or changes to
court costs and fees is usually effective on September 1, the beginning of
the state fiscal year. Normally these changes are not finally determined
until late in the legislative session, and are generally signed into law
during June of the session year.  After the bills are signed into law, time
is needed to determine and summarize all the resulting changes, and
disseminate the information to the affected entities and groups. Typically,
the comptroller of public accounts (comptroller) sends out information on
the session changes in July or August, which does not give cities,
counties, and the comptroller much time to implement required changes.  The
implementation date of September 1 also causes problems in the changes and
conversions since most of the funds are reported on a calendar quarter
basis and September 1 falls inside a calendar quarter.  Moving the
implementation date from September 1 to January 1 would give cities,
counties, and the comptroller four additional months to implement changes,
revise forms, change computer software programs, and train personnel on the
changes. It would also fall at the beginning of a calendar quarter, which
would eliminate the reporting problems when an implementation date falls in
the middle of a calendar quarter. Senate Bill 1379 sets the implementation
date of new or amended court costs and fees at January 1 after each
legislative session.  

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 1379 amends the Government Code to require the comptroller of
public accounts (comptroller), following each regular session of the
legislature, to identify each law enacted by that legislature, other than a
law disapproved by the governor, that imposes or changes the amount of
certain state court costs or fees collected by the clerk of a district,
county, statutory county, municipal, or justice court from a party to a
civil case or a defendant in a criminal case.  These provisions do not
apply under certain stated conditions.  
The bill requires the comptroller to prepare a list of each state court
cost or fee to be imposed or changed and publish the list in the Texas
Register by a certain date.   The bill requires the comptroller to include
with the list a statement describing the operation of these provisions and
stating the date the imposition or change in the amount of the court cost
or fee will take effect.  The bill provides that, notwithstanding the
effective date of the law imposing or changing the amount of a state court
cost or fee included on the list, the imposition or change in the amount of
the court cost or fee does not take effect until the next January 1 after
the law takes effect.  These provisions do not apply to a court cost or fee
if the law imposing or changing the amount of the cost or fee meets certain
requirements.   

EFFECTIVE DATE
 
On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.