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


Senate Research CenterC.S.S.B. 782
By: Armbrister
Criminal Justice
4/21/2003
Committee Report (Substituted)

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.  C.S.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.  Provides
that the collection fee does not apply to certain cases. Requires the
court to calculate the amount of any collection fee due to the
governmental entity or to the private attorney or public or private vendor
performing the collection services. Makes a conforming change. 

(c) Authorizes the governing body of a municipality with a population of
more than 1.9 million to authorize adding collection fees under Subsection
(b) for a collection program performed by employees of the governing body. 

(d)  Redesignated from Subsection (c).

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

(f)  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. 

(g)  Prohibits a county or municipality that enters into a contract under
Subsection (a) from using the additional 30 percent collection fee
authorized by Subsection (b) for any purpose other than compensating the
private attorney or private vendor who earns the fee. 
 
(h)  Provides that a forfeited bond is not an item subject to collection
services under this article. 

(i) Requires a communication to the accused person regarding the amount of
payment that is acceptable to the court under the court's standard policy
for resolution of a case to include a notice of the person's right to
enter a plea or go to trial on any offense charged. 

SECTION 2.  Amends Section 682.010, Transportation Code, as follows:

Sec. 682.010.  ENFORCEMENT.  (a) Creates this subsection from existing
text.  Authorizes certain types of 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. 

(b) Establishes the requirements for an action to collect a fine, cost, or
fee under Subsection (a)(5). 

SECTION 3.  (a) Makes application of the changes in Article 103.0031, Code
of Criminal Procedure, by this Act prospective. 

(b) Makes the change in law by this Act to Section 682.010, Transportation
Code, retroactive. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.