Sec. 420.014. ATTORNEY GENERAL SUPERVISION OF COLLECTION OF COSTS; FAILURE TO COMPLY.
Text of subsection effective until January 01, 2017
(a) If the attorney general reasonably believes that a court or a community supervision office has not properly assessed or made a reasonable effort to collect costs due under Article 42.12 or 42.18, Code of Criminal Procedure, the attorney general shall send a warning letter to the court or the governing body of the governmental unit in which the court is located.
Text of subsection effective on January 01, 2017
(a) If the attorney general reasonably believes that a court or a community supervision office has not properly assessed or made a reasonable effort to collect costs due under Chapter 42A, Code of Criminal Procedure, or Chapter 508, Government Code, the attorney general shall send a warning letter to the court or the governing body of the governmental unit in which the court is located.
(b) Not later than the 60th day after the receipt of a warning letter, the court or governing body shall respond in writing to the attorney general specifically addressing the charges in the warning letter.
(c) If the court or governing body does not respond or if the attorney general considers the response inadequate, the attorney general may request the comptroller to audit the records of:
(1) the court;
(2) the community supervision office;
(3) the officer charged with collecting the costs; or
(4) the treasury of the governmental unit in which the court is located.
(d) The comptroller shall provide the attorney general with the results of the audit.
Text of subsection effective until January 01, 2017
(e) If the attorney general finds from available evidence that a court or a community supervision office has not properly assessed or made a reasonable effort to collect costs due under Article 42.12 or 42.18, Code of Criminal Procedure, the attorney general may:
(1) refuse to award grants under this subchapter to residents of the jurisdiction served by the court or community supervision office; or
(2) in the case of a court, notify the State Commission on Judicial Conduct of the findings.
Text of subsection effective on January 01, 2017
(e) If the attorney general finds from available evidence that a court or a community supervision office has not properly assessed or made a reasonable effort to collect costs due under Chapter 42A, Code of Criminal Procedure, or Chapter 508, Government Code, the attorney general may:
(1) refuse to award grants under this subchapter to residents of the jurisdiction served by the court or community supervision office; or
(2) in the case of a court, notify the State Commission on Judicial Conduct of the findings.
(f) The failure, refusal, or neglect of a judicial officer to comply with a requirement of this subchapter constitutes official misconduct and is grounds for removal from office.
Added by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.45, eff. January 1, 2017.
Section: Previous 420.008 420.009 420.010 420.011 420.012 420.013 420.014 420.015 420.031 420.032 420.033 420.041 420.042 420.043 NextLast modified: September 28, 2016