77R15059 GWK-F                          
         By Lucio                                              S.B. No. 1778
         Substitute the following for S.B. No. 1778:
         By Hinojosa                                       C.S.S.B. No. 1778
                                A BILL TO BE ENTITLED
 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 attorney or private
 1-8     vendor 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
 2-1     to the attorney or vendor for collection.
 2-2           (c)  A defendant is not liable for the collection fees
 2-3     authorized under Subsection (b) if the court of original
 2-4     jurisdiction has determined the defendant is indigent, or has
 2-5     insufficient resources or income, or is otherwise unable to pay all
 2-6     or part of the underlying fine or costs.
 2-7           (d)  If a private attorney or private vendor collects from a
 2-8     person owing costs ordered paid by the court an amount that is less
 2-9     than the total costs owed by the person, including collection costs
2-10     permitted under the attorney's or vendor's contract with the
2-11     commissioners court or governing body, the amount of costs
2-12     collected otherwise required to be sent to the comptroller of
2-13     public accounts and the amount permitted to be retained by the
2-14     county or municipality are reduced by an equal percentage in order
2-15     to fully compensate the attorney or vendor, not to exceed the
2-16     percentage specified as allowable collection costs in the vendor's
2-17     contract with the county or municipality.
2-18           SECTION 3.  Article 6701d-28, Revised Statutes, is repealed.
2-19           SECTION 4.  This Act takes effect immediately if it receives
2-20     a vote of two-thirds of all the members elected to each house, as
2-21     provided by Section 39, Article III, Texas Constitution.  If this
2-22     Act does not receive the vote necessary for immediate effect, this
2-23     Act takes effect September 1, 2001.