1-1     By:  Lucio                                            S.B. No. 1778
 1-2           (In the Senate - Filed March 23, 2001; March 26, 2001, read
 1-3     first time and referred to Committee on Jurisprudence;
 1-4     April 10, 2001, reported favorably, as amended, by the following
 1-5     vote:  Yeas 6, Nays 0; April 10, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                      By:  Bernsen, Duncan
 1-7     Amend S.B. No. 1778 (introduced version) as follows:
 1-8           (1)  In SECTION 2, in added Subsection (b), Article 103.0031,
 1-9     Code of Criminal Procedure (page 1, line 49), strike "private
1-10     attorney" and substitute "public or private vendor".
1-11           (2)  In SECTION 2, in added Subsection (b), Article 103.0031,
1-12     Code of Criminal Procedure (page 1, line 50), strike "attorney's
1-13     fees" and substitute "collection fees".
1-14           (3)  In SECTION 2, in added Subsection (b), Article 103.0031,
1-15     Code of Criminal Procedure (page 1, line 52), strike "to the
1-16     attorney" and substitute "to the vendor".
1-17           (4)  In SECTION 2, in added Subsection (c), Article 103.0031,
1-18     Code of Criminal Procedure (page 1, line 53), strike "attorney's
1-19     fees" and substitute "collection fees".
1-20           (5)  In SECTION 3, in added Subsection (e), Article 6701d-28,
1-21     Revised Statutes (page 2, lines 5 and 6), strike "private attorney"
1-22     and substitute "public or private vendor".
1-23           (6)  In SECTION 3, in added Subsection (e), Article 6701d-28,
1-24     Revised Statutes (page 2, line 6), strike "attorney's fees" and
1-25     substitute "collection fees".
1-26           (7)  In SECTION 3, in added Subsection (e), Article 6701d-28,
1-27     Revised Statutes (page 2, line 8), strike "to the attorney" and
1-28     substitute "to the vendor".
1-29           (8)  In SECTION 3, in added Subsection (e), Article 6701d-28,
1-30     Revised Statutes (page 2, line 9), strike "attorney's fees" and
1-31     substitute "collection fees".
1-32                            A BILL TO BE ENTITLED
1-33                                   AN ACT
1-34     relating to the collection of costs in criminal cases.
1-35           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-36           SECTION 1.  Article 103.003, Code of Criminal Procedure, is
1-37     amended by adding Subsection (c) to read as follows:
1-38           (c)  This article does not limit the authority of a
1-39     commissioners court to contract with a public or private vendor for
1-40     the provision of collection services under Article 103.0031.
1-41           SECTION 2.  Article 103.0031, Code of Criminal Procedure, is
1-42     amended to read as follows:
1-43           Art. 103.0031.  COLLECTION CONTRACTS.  (a)  The commissioners
1-44     court of a county may enter into a contract with a public or
1-45     private vendor for the provision of collection services for debts
1-46     and accounts receivable such as fines, fees, restitution, and other
1-47     debts or costs ordered to be paid by a court serving the county.
1-48           (b)  A commissioners court that enters into a contract with a
1-49     private attorney under this article may authorize the addition of
1-50     attorney's fees in the amount of 30 percent on each debt or account
1-51     receivable that is more than 60 days past due and has been referred
1-52     to the attorney for collection.
1-53           (c)  A defendant is not liable for the attorney's fees
1-54     authorized under Subsection (b) if the court of original
1-55     jurisdiction has determined the defendant is indigent, or has
1-56     insufficient resources or income, or is otherwise unable to pay all
1-57     or part of the underlying fine or costs.
1-58           SECTION 3.  Article 6701d-28, Revised Statutes, is amended by
1-59     amending Subsection (d) and adding Subsection (e) to read as
1-60     follows:
1-61           (d)  This article does not limit the authority of the
1-62     governing body of a municipality or a commissioners court to
1-63     contract with a public or private vendor for the provision of
 2-1     collection services or prohibit a court of competent jurisdiction,
 2-2     a municipality, or a county from using any other lawful means to
 2-3     enforce a judgment.
 2-4           (e)  The governing body of a municipality or a commissioners
 2-5     court that enters into a contract under this article with a private
 2-6     attorney may authorize the addition of attorney's fees in the
 2-7     amount of 30 percent on each debt or account receivable that is
 2-8     more than 60 days past due and has been referred to the attorney
 2-9     for collection.  A defendant is not liable for the attorney's fees
2-10     authorized under this subsection if the court of original
2-11     jurisdiction has determined the defendant is indigent, or has
2-12     insufficient resources or income, or is otherwise unable to pay all
2-13     or part of the underlying fine or costs.
2-14           SECTION 4.  This Act takes effect immediately if it receives
2-15     a vote of two-thirds of all the members elected to each house, as
2-16     provided by Section 39, Article III, Texas Constitution.  If this
2-17     Act does not receive the vote necessary for immediate effect, this
2-18     Act takes effect September 1, 2001.
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