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.