Article III, Section 46 of the Texas Constitution ("Uniformity in Collection of Fees")

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Added November 6, 2001:

(a) In this section, "fee" means a fee in a criminal or civil matter all or a portion of which is required to be collected by local officers, clerks, or other local personnel and remitted to the Comptroller of Public Accounts for deposit in the manner provided for in the law imposing the fee.

(b) This section applies only if the Legislature enacts by law a program to consolidate and standardize the collection, deposit, reporting, and remitting of fees.

(c) A fee imposed by the Legislature after the enactment of the program described by Subsection (b) of this section is valid only if the requirements relating to its collection, deposit, reporting, and remitting conform to the program.

(d) A fee to which this section applies may take effect on a date before the next January 1 after the regular session at which the bill adopting the fee was enacted only if the bill is passed by a record vote of two-thirds of all the members elected to each House of the Legislature on final consideration in each House.

Editor Comments

The original Article III, Section 46 was repealed August 5, 1969. The former section was adopted in 1876 and never amended. It mandated that the Legislature "enact effective vagrant laws."

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Online Resources