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.