Bill Text: TX HB2311 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to the portion retained by a municipality or county of certain fines imposed for a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-26 - Committee report sent to Calendars [HB2311 Detail]

Download: Texas-2019-HB2311-Comm_Sub.html

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86R23360 TSS-D
By: Kacal H.B. No. 2311
Substitute the following for H.B. No. 2311:
By: Biedermann C.S.H.B. No. 2311

A BILL TO BE ENTITLED
AN ACT
relating to the portion retained by a municipality or county of
certain fines imposed for a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 542.402, Transportation Code, is amended
by amending Subsections (b) and (b-2) and adding Subsection (e-1)
to read as follows:
(b) Except as provided by Subsection (e-1), in [In] each
fiscal year, a municipality having a population of less than 5,000
may retain, from fines collected for violations of this title and
from special expenses collected under Article 45.051, Code of
Criminal Procedure, in cases in which a violation of this title is
alleged, an amount equal to 30 percent of the municipality's
revenue for the preceding fiscal year from all sources, other than
federal funds and bond proceeds, as shown by the audit performed
under Section 103.001, Local Government Code. After a municipality
has retained that amount, the municipality shall send to the
comptroller any portion of a fine or a special expense collected
that exceeds $1.
(b-2) Except as provided by Subsection (e-1), in [In] each
fiscal year, a county described by Subsection (b-1) may retain,
from fines collected for violations of this title and from special
expenses collected under Article 45.051, Code of Criminal
Procedure, in cases in which a violation of this title is alleged,
an amount equal to 30 percent of the county's revenue for the
preceding fiscal year from all sources, other than federal funds
and bond proceeds, as shown by an audit performed under Chapter 115,
Local Government Code. After a county has retained that amount, the
county shall send to the comptroller any portion of a fine or a
special expense collected that exceeds $1.
(e-1) A municipality or county with a population of less
than 2,000 shall exclude the fines collected under Section 542.4031
from the fines collected for violations of this title for purposes
of determining the amount the municipality or county may retain as
provided by Subsections (b) and (b-2).
SECTION 2. Section 542.4031, Transportation Code, is
amended by amending Subsections (f) and (g) and adding Subsection
(g-1) to read as follows:
(f) A [municipality or county may retain five percent of the
money collected under this section as a service fee for the
collection if the] municipality or county that remits [the] funds
to the comptroller within the period prescribed in Subsection (e)
may retain:
(1) for a municipality or county with a population of
less than 2,000, 33 percent of the money collected under this
section as a service fee for the collection;
(2) for a municipality or county with a population of
2,000 or more, five percent of the money collected under this
section as a service fee for the collection; and
(3) [. The municipality or county may retain] any
interest accrued on the money if the custodian of the money
deposited in the treasury keeps records of the amount of money
collected under this section that is on deposit in the treasury [and
remits the funds to the comptroller within the period prescribed in
Subsection (e)].
(g) Of the money received by the comptroller under this
section from a municipality or county with a population of 2,000 or
more, the comptroller shall deposit:
(1) 67 percent to the credit of the undedicated
portion of the general revenue fund; and
(2) 33 percent to the credit of the designated trauma
facility and emergency medical services account under Section
780.003, Health and Safety Code.
(g-1) Of the money received by the comptroller under this
section from a municipality or county with a population of less than
2,000, the comptroller shall deposit:
(1) 53.2 percent to the credit of the undedicated
portion of the general revenue fund; and
(2) 46.8 percent to the credit of the designated
trauma facility and emergency medical services account under
Section 780.003, Health and Safety Code.
SECTION 3. The change in law made by this Act to Section
542.402, Transportation Code, applies only to a fiscal year
beginning on or after the effective date of this Act.
SECTION 4. The changes in law made by this Act to Section
542.4031, Transportation Code, apply only to a fine collected on
conviction of an offense committed on or after the effective date of
this Act. A fine collected on conviction of an offense committed
before the effective date of this Act is covered by the law in
effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2019.