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.