HBA-KMH C.S.H.B. 2725 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2725
By: Pickett
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)
BACKGROUND AND PURPOSE 

Currently, certain elected officials are authorized to collect money
payable under Title 2, Code of Criminal Procedure.  C.S.H.B. 2725
authorizes the commissioners court of a county to contract with public and
private entities to collect funds due and owing to the county.  This bill
also authorizes attorneys who contract with counties under Article
103.0031, Code of Criminal Procedure, proposed by this Act, to collect
attorney's fee not to exceed 33 percent, in addition to the funds collected
on behalf of the county.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 103.003, Code of Criminal Procedure, by adding
Subsection (c), as follows: 

(c) Provides that this article does not limit the authority of a county to
contract with a public or private vendor for the provision of collection
services under Article 103.0031. 

SECTION 2.  Article 103.0031, Code of Criminal Procedure, to authorize the
commissioners court of a county to enter into a contract with a public or
private vendor for the provision of collection services for debts and
accounts receivable such as fines, fees, restitution, bond forfeitures, and
other debts or costs ordered to be paid by a court serving the county.
Authorizes a commissioners court that enters into a contract under this
article with a private attorney to authorize the collection of attorney's
fees on each debt or account receivable referred to the attorney for
collection, in an amount not to exceed 33 percent of the account of debt. 

SECTION 3. Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2725 modifies the original by modifying the caption to say
"relating to the collection of costs in criminal cases," rather than
"relating to the imposition of costs for services of peace officers in
criminal cases." 

C.S.H.B. 2725 modifies the original by deleting the text of SECTION 1 which
amended Article 102.011, Code of Criminal Procedure (regarding notice and
refund of certain fees to a defendant upon acquittal or dismissal of the
charges), and instead amending Article 103.003, Code of Criminal Procedure.
For a more in-depth analysis of this section please refer to the
Section-by-Section analysis in this document. 

C.S.H.B. 2725 modifies the original by deleting the text of SECTION 2
(prospective clause) and instead amends Article 103.0031, Code of Criminal
Procedure.  For a more in-depth analysis of this section please refer to
the Section-by-Section analysis in this document. 

C.S.H.B. 2725 modifies the original by deleting SECTIONS 3 (effective date)
and 4 (short emergency clause) and instead providing SECTION 3 (long
emergency clause).