Bill Text: TX HB2949 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the administration of the collection improvement program.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2949 Detail]

Download: Texas-2011-HB2949-Introduced.html
  82R10749 CJC-F
 
  By: Cook H.B. No. 2949
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of the collection improvement
  program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 103.0033(f), (h), (i), and (j), Code of
  Criminal Procedure, are amended to read as follows:
         (f)  The [comptroller, in cooperation with the] office[,]
  shall develop a methodology for determining the collection rate of
  counties and municipalities described by Subsection (e) before
  implementation of a program.  The office [comptroller] shall
  determine the rate for each county and municipality not later than
  the first anniversary of the county's or municipality's adoption of
  a program.
         (h)  The office[, in consultation with the comptroller,]
  may:
               (1)  use case dispositions, population, revenue data,
  or other appropriate measures to develop a prioritized
  implementation schedule for programs; and
               (2)  determine whether it is not cost-effective to
  implement a program in a county or municipality and grant a waiver
  to the county or municipality.
         (i)  Each county and municipality shall at least annually
  submit to the office [and the comptroller] a written report that
  includes updated information regarding the program, as determined
  by the office [in cooperation with the comptroller].  The report
  must be in a form approved by the office [in cooperation with the
  comptroller].
         (j)  The office [comptroller] shall periodically audit
  counties and municipalities to verify information reported under
  Subsection (i) and confirm that the county or municipality is
  conforming with requirements relating to the program.  [The
  comptroller shall consult with the office in determining how
  frequently to conduct audits under this section.]
         SECTION 2.  Sections 133.103(b) and (c), Local Government
  Code, are amended to read as follows:
         (b)  The [Except as provided by Subsection (c-1), the]
  treasurer shall send 50 percent of the fees collected under this
  section to the comptroller.  The comptroller shall deposit the fees
  received to the credit of the general revenue fund.
         (c)  The [Except as provided by Subsection (c-1), the]
  treasurer shall deposit 10 percent of the fees collected under this
  section in the general fund of the county or municipality for the
  purpose of improving the efficiency of the administration of
  justice in the county or municipality.  The county or municipality
  shall prioritize the needs of the judicial officer who collected
  the fees when making expenditures under this subsection and use the
  money deposited to provide for those needs.
         SECTION 3.  Sections 133.058(e) and 133.103(c-1), Local
  Government Code, are repealed.
         SECTION 4.  This Act takes effect September 1, 2011.
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