By Lucio                                              S.B. No. 1778
         77R10800 GWK-F                           
                                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 public or private vendor for
 1-8     the provision of collection services under Article 103.0031.
 1-9           SECTION 2.  Article 103.0031, Code of Criminal Procedure, is
1-10     amended to read as follows:
1-11           Art. 103.0031.  COLLECTION CONTRACTS.  (a)  The commissioners
1-12     court of a county may enter into a contract with a public or
1-13     private vendor for the provision of collection services for debts
1-14     and accounts receivable such as fines, fees, restitution, and other
1-15     debts or costs ordered to be paid by a court serving the county.
1-16           (b)  A commissioners court that enters into a contract with a
1-17     private attorney under this article may authorize the addition of
1-18     attorney's fees in the amount of 30 percent on each debt or account
1-19     receivable that is more than 60 days past due and has been referred
1-20     to the attorney for collection.
1-21           (c)  A defendant is not liable for the attorney's fees
1-22     authorized under Subsection (b) if the court of original
1-23     jurisdiction has determined the defendant is indigent, or has
1-24     insufficient resources or income, or is otherwise unable to pay all
 2-1     or part of the underlying fine or costs.
 2-2           SECTION 3. Article 6701d-28, Revised Statutes, is amended by
 2-3     amending Subsection (d) and adding Subsection (e) to read as
 2-4     follows:
 2-5           (d)  This article does not limit the authority of the
 2-6     governing body of a municipality or a commissioners court to
 2-7     contract with a public or private vendor for the provision of
 2-8     collection services or prohibit a court of competent jurisdiction,
 2-9     a municipality, or a county from using any other lawful means to
2-10     enforce a judgment.
2-11           (e)  The governing body of a municipality or a commissioners
2-12     court that enters into a contract under this article with a private
2-13     attorney may authorize the addition of attorney's fees in the
2-14     amount of 30 percent on each debt or account receivable that is
2-15     more than 60 days past due and has been referred to the attorney
2-16     for collection.  A defendant is not liable for the attorney's fees
2-17     authorized under this subsection if the court of original
2-18     jurisdiction has determined the defendant is indigent, or has
2-19     insufficient resources or income, or is otherwise unable to pay all
2-20     or part of the underlying fine or costs.
2-21           SECTION 4.  This Act takes effect immediately if it receives
2-22     a vote of two-thirds of all the members elected to each house, as
2-23     provided by Section 39, Article III, Texas Constitution.  If this
2-24     Act does not receive the vote necessary for immediate effect, this
2-25     Act takes effect September 1, 2001.