S.B. 782 78(R)    BILL ANALYSIS


S.B. 782
By: Armbrister
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, counties and cities are allowed to contract with outside
vendors for the collection of fines, fees, restitution and other costs
ordered by a court and to add a 30 percent collection fee to each debt or
receivable more than 60 days past due. Senate Bill 782 authorizes a county
or municipality to contract for collection services in criminal cases and
certain cases involving the parking or stopping of motor vehicles. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Senate Bill 782 amends the Code of Criminal Procedure to specify the items
for which the commissioners court of a county or the governing body of a
municipality may enter into a contract with a private attorney or a public
or private vendor for the provision of collection services. The collection
fee does not apply to a case that has been dismissed by a court or to any
amount that has been satisfied through time-served credit or community
service. The bill addresses provisions governing the application and
calculation of the fee and specifies that the governing body of a
municipality with a population of more than 1.9 million may authorize the
addition of collection fees for a collection program performed by
employees of the governing body. 

Furthermore, the bill sets deadlines for items that are subject to
collection services. A forfeited bond is not subject to collection
services.   

The bill also amends the Transportation Code to allow enforcement for
certain financial penalties under this chapter following a failure by the
person charged to appear within the time specified by a municipality's
ordinance, resolution, rule, or order. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.