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.