Title
Discussion of issues relating to S.B. 346, which pertains to changes in criminal court costs and other court-related costs, fines, and fees.
Body
Summary:
The Texas 86th Regular Legislative Session enacted S.B. 346 (the “Act”), which pertains to the “consolidation, allocation, classification, and repeal of certain criminal court costs and other court-related costs, fines, and fees.” The Act also creates a new Local Consolidated Fee. The changes legislated by the Act are effective beginning January 1, 2020.
Consolidated Fees:
The existing Consolidated Fee, now the State Consolidated Fee, is increasing from $40 to $62. This fee applies to all but parking and pedestrian offenses. The City must remit 90 percent of this fee to the State. The City will retain the balance of 10 percent.
The new Local Consolidated Fee has been set at $14. This fee is assessed to any person convicted of a non-jailable misdemeanor. The Local Consolidated Fee must be apportioned as follows, and the money apportioned to each fund may only be used for the purpose of that particular fund:
The Local Truancy Prevention and Diversion Fund replaces the Juvenile Case Manager Fee. The Municipal Jury Fund is a new fund created by the State and is funded by $0.10 of the Local Consolidated Fee as shown in the table above.
Because certain fees are now included in the Local Consolidated Fee, a City ordinance is no longer required since those fees are now governed by State law. Pursuant to this legislation, the City may remove the following from the Code of Ordinances:
Sec. 70-21. - Security fee court cost.
Sec. 70-23. - Technology fee.
Sec. 70-24. - Juvenile case manager fee.
Effective January 1, 2020, numerous State fees related to rules of the road are increasing by $30. The Municipal Court is proposing a corresponding $30 increase in these fees so these increases do not negatively impact the City’s revenue. The majority of the City’s Municipal Court revenue is generated from rules of the road violations. If the City does not collect the additional $30 from the offender, that amount will come out of the City’s fines when it is remitted to the State, which will reduce City revenue.
Fees related to certain other offenses are increasing by $10, but the Municipal Court is not proposing a change for those fees because the majority of the violations are compliance dismissal citations or penal code violations that are already set at a high amount or are regulated by the State.
Attached is a schedule itemizing the fees and fines associated with various offenses, including the violations listed in the Transportation Code Subtitle C Rules of the Road, Sections 541.001 - 600.004, which reflect the additional $30 fee. This schedule includes a description of each violation and a reference to the State statute. It also shows the current total, which represents all fines, fees, and court costs related to the violation, followed by the proposed total to be implemented beginning in calendar year 2020. The proposed total reflects the fee required by the State and the fine proposed by the City. The Municipal Court Judge has the discretion to lower the fine (City’s portion) but not the fee (State’s portion).
During the regular City Council meeting to follow, City Council will be asked to authorize the attached “Deer Park Municipal Court Schedule of Fees and Fines Effective January 1, 2020”, which is being proposed by Municipal Court in response to S.B. 346.
Fiscal/Budgetary Impact:
The City must remit all required fees to the State of Texas. If the City chooses not to collect the entirety of any required fee (e.g., implement any increase coinciding with the State mandated increase), payment of that amount to the State will come out of the City’s revenue thereby reducing such revenue.
Court fines and fees, except for special fines and fees (e.g., the Local Consolidated Fee) recorded in the Municipal Court Special Revenue Fund, are included in the General Fund.
Recommended action
Discussion only during workshop.