1-1                                   AN ACT
 1-2     relating to the collection of costs in criminal cases.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Article 103.003, Code of Criminal Procedure, is
 1-5     amended by adding Subsection (c) to read as follows:
 1-6           (c)  This article does not limit the authority of a
 1-7     commissioners court to contract with a private vendor or private
 1-8     attorney for the provision of collection services under Article
 1-9     103.0031.
1-10           SECTION 2.  Article 103.0031, Code of Criminal Procedure, is
1-11     amended to read as follows:
1-12           Art. 103.0031.  COLLECTION CONTRACTS.  (a)  The commissioners
1-13     court of a county or the governing body of a municipality may enter
1-14     into a contract with a private attorney or a public or private
1-15     vendor for the provision of collection services for debts and
1-16     accounts receivable such as fines, fees, restitution, and other
1-17     debts or costs, other than forfeited bonds, ordered to be paid by a
1-18     court serving the county or a court serving the municipality, as
1-19     appropriate.
1-20           (b)  A commissioners court or governing body of a
1-21     municipality that enters into a contract with a private attorney or
1-22     private vendor under this article may authorize the addition of
1-23     collection fees in the amount of 30 percent on each debt or account
1-24     receivable that is more than 60 days past due and has been referred
1-25     to the attorney or vendor for collection.
 2-1           (c)  A defendant is not liable for the collection fees
 2-2     authorized under Subsection (b) if the court of original
 2-3     jurisdiction has determined the defendant is indigent, or has
 2-4     insufficient resources or income, or is otherwise unable to pay all
 2-5     or part of the underlying fine or costs.
 2-6           (d)  If a private attorney or private vendor collects from a
 2-7     person owing costs ordered paid by the court an amount that is less
 2-8     than the total costs owed by the person, including collection costs
 2-9     permitted under the attorney's or vendor's contract with the
2-10     commissioners court or governing body, the amount of costs
2-11     collected otherwise required to be sent to the comptroller and the
2-12     amount permitted to be retained by the county or municipality are
2-13     reduced by an equal percentage in order to fully compensate the
2-14     attorney or vendor, not to exceed the percentage specified as
2-15     allowable collection costs in the attorney's or vendor's contract
2-16     with the county or municipality.
2-17           SECTION 3.  Article 6701d-28, Revised Statutes, is repealed.
2-18           SECTION 4.  This Act takes effect immediately if it receives
2-19     a vote of two-thirds of all the members elected to each house, as
2-20     provided by Section 39, Article III, Texas Constitution.  If this
2-21     Act does not receive the vote necessary for immediate effect, this
2-22     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1778 passed the Senate on
         April 23, 2001, by the following vote:  Yeas 29, Nays 0, one
         present not voting; and that the Senate concurred in House
         amendments on May 26, 2001, by the following vote:  Yeas 30,
         Nays 0, one present not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1778 passed the House, with
         amendments, on May 23, 2001, by the following vote:  Yeas 136,
         Nays 1, five present not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor