SRC-LBB S.B. 782 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 782
78R4282 EMT-FBy: Armbrister
Criminal Justice
4/14/2003
As Filed


DIGEST 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. As proposed, S.B. 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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 
        
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 103.0031, Code of Criminal Procedure, as follows

(a)  Authorizes the commissioners court of a county or the governing body
of a municipality to enter into a contract with a private attorney or a
public or private vendor for the provision of collection services for one
or more of certain items. 

(b)  Provides the amount to which the 30 percent collection fee applies,
with respect to debts and accounts receivable such as unpaid fines, fees,
court costs, and restitution ordered paid by certain entities.  Makes a
conforming change. 

 (c)  No change to this subsection.

(d)  Requires the allocation to the comptroller, the county or
municipality, and the private attorney or vendor, of an amount collected
from a person by a private attorney or private vendor that is less than
the aggregate total to be collected under Subsections (a) and (b), to be
reduced proportionately. 

(e)  Provides that an item subject to collection services under Subsection
(a) and to the additional collection fees authorized by Subsection (b) is
considered more than 60 days past due under Subsection (b) if it remains
unpaid on the 61st day after a certain date. 

(f)  Prohibits the additional 30 percent collection fee authorized by
Subsection (b) from being used for any purpose other than compensating the
private attorney or private vendor who earns the fee. 

(g)  Provides that a forfeited bond is not an item subject to collection
services under this article. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  upon passage or September 1, 2003.