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).