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Discussion of issues relating to S.B. 346, which pertains to changes in criminal court costs and other court-related costs, fines, and fees.
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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 r...
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