78R5877 KCR-D
By: Krusee H.B. No. 2430
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county or municipality to contract
for case resolution services in criminal cases and in certain cases
involving the parking or stopping of a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 103.0031, Code of Criminal Procedure, is
amended to read as follows:
Art. 103.0031. CASE RESOLUTION [COLLECTION] CONTRACTS. (a)
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 case resolution
[collection] services for:
(1) collection of debts and accounts receivable such
as unpaid fines, fees, court costs, and restitution ordered paid
by:
(A) a court serving the county or a court serving
the municipality, as applicable; or
(B) a hearing officer serving the municipality
under Chapter 682, Transportation Code; and
(2) resolution of cases in which a defendant has
failed to appear:
(A) as required by Subchapter A, Chapter 543,
Transportation Code;
(B) in compliance with a lawful written notice to
appear issued under Article 14.06(b) or other law;
(C) in compliance with a lawful order of a court
serving the county or municipality; or
(D) as specified in a citation, summons, or other
notice authorized by Section 682.002, Transportation Code, that
charges the defendant with a parking or stopping offense [debts and
accounts receivable such as fines, fees, restitution, and other
debts or costs, other than forfeited bonds, ordered to be paid by a
court serving the county or a court serving the municipality, as
appropriate].
(b) A commissioners court or governing body of a
municipality that enters into a contract with a private attorney or
private vendor under this article may authorize the addition of
service [collection] fees to be paid to the attorney or vendor by
the defendant in the amount of 30 percent of the amount of money the
county receives from a defendant as a result of the attorney's or
vendor's actions if the defendant's obligation is [on each debt or
account receivable that is] more than 60 days past due and has been
referred to the attorney or vendor for services [collection]. With
respect to those cases described by Subsection (a)(2), the amount
to which the 30 percent service fee applies is:
(1) the amount of fines, fees, and court costs to be
paid that, following the vendor's or attorney's action, is
communicated to the defendant as acceptable to the court under its
standard policy for resolution of the case, including the separate
offense of failure of the defendant to timely appear on the original
underlying offense; or
(2) the amount ordered paid by the court after plea or
trial.
(c) A defendant is not liable for the service [collection]
fees authorized under Subsection (b) if the court of original
jurisdiction has determined the defendant is indigent, or has
insufficient resources or income, or is otherwise unable to pay all
or part of the underlying fines, fees, [fine] or costs.
(d) If a private attorney or private vendor collects from a
person [owing costs ordered paid by the court] an amount that is
less than the aggregate total to be collected under Subsections (a)
and (b), the allocation to the comptroller, the county or
municipality, and the private attorney or vendor shall be reduced
proportionately [costs owed by the person, including collection
costs permitted under the attorney's or vendor's contract with the
commissioners court or governing body, the amount of costs
collected otherwise required to be sent to the comptroller and the
amount permitted to be retained by the county or municipality are
reduced by an equal percentage] in order to fully compensate the
attorney or vendor at the rate of 30 percent of the aggregate total
actually collected[, not to exceed the percentage specified as
allowable collection costs in the attorney's or vendor's contract
with the county or municipality].
(e) An obligation subject to case resolution services under
Subsection (a) and to the additional service 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 the
following appropriate date:
(1) with respect to an item described by Subsection
(a)(1), the date on which the court or the hearing officer signs an
order that establishes a debt or imposes a fine, fee, cost of court,
or restitution; or
(2) with respect to an obligation described by
Subsection (a)(2), the date by which the defendant promised to
appear or was notified, summoned, or ordered to appear.
(f) The additional 30 percent service fee authorized by
Subsection (b) may not be used for any purpose other than
compensating the private attorney or private vendor who earns the
fee.
(g) A forfeited bond is not an item subject to case
resolution services under this article.
SECTION 2. The change in law made by this Act applies only
to a debt incurred as a result of the commission of a criminal or
civil offense committed on or after the effective date of this Act.
A debt incurred as a result of the commission of an offense
committed before the effective date of this Act is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.