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. 2-19 * * * * *