By: Armbrister S.B. No. 782
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county or municipality to contract
for collection services in criminal cases and certain cases
involving the parking or stopping of motor vehicles.
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. 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 collection services
for one or more of the following items:
(1) 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) amounts in cases in which the accused has failed to
appear:
(A) as promised under Subchapter A, Chapter 543,
Transportation Code, or other law;
(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 summons issued
under Article 15.03(b) or other law;
(D) in compliance with a lawful order of a court
serving the county or municipality; or
(E) as specified in a citation, summons, or other
notice authorized by Section 682.002, Transportation Code, that
charges the accused 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 a
collection fee [fees] in the amount of 30 percent on each item
described in Subsection (a) [debt or account receivable] that is
more than 60 days past due and has been referred to the attorney or
vendor for collection. The collection fee does not apply to a case
that has been dismissed by a court of competent jurisdiction or to
any amount that has been satisfied through time-served credit or
community service. The collection fee may be applied to any balance
remaining after a partial credit for time served or community
service if the balance is more than 60 days past due. Unless the
contract provides otherwise, the court shall 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 and shall receive all fees, including the
collection fee. With respect to cases described by Subsection
(a)(2), the amount to which the 30 percent collection fee applies
is:
(1) the amount to be paid that is communicated to the
accused as acceptable to the court under its standard policy for
resolution of the case, if the accused voluntarily agrees to pay
that amount; or
(2) the amount ordered paid by the court after plea or
trial.
(c) The governing body of a municipality with a population
of more than 1.9 million may authorize the addition of collection
fees under Subsection (b) for a collection program performed by
employees of the governing body.
(d) A defendant is not liable for the 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 fine or costs.
(e) [(d)] If a county or municipality has entered into a
contract under Subsection (a) and [private attorney or private
vendor collects from] a person pays [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, not to exceed the
percentage specified as allowable collection costs in the
attorney's or vendor's contract with the county or municipality].
(f) An item subject to collection services under Subsection
(a) and to the additional collection fee 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 debt, fine, fee, or court cost must be
paid in full as determined by the court or hearing officer; or
(2) with respect to an item described by Subsection
(a)(2), the date by which the accused promised to appear or was
notified, summoned, or ordered to appear.
(g) A county or municipality that enters into a contract
under Subsection (a) may not use 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) A forfeited bond is not an item subject to collection
services under this article.
(i) 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 must include a notice of
the person's right to enter a plea or go to trial on any offense
charged.
SECTION 2. Section 682.010, Transportation Code, is amended
to read as follows:
Sec. 682.010. ENFORCEMENT. (a) An order filed under
Section 682.009, or a fine, cost, or fee imposed 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, may be enforced by:
(1) impounding the vehicle if the offender has
committed three or more vehicle parking or stopping offenses in a
calendar year;
(2) placing a device on the vehicle that prohibits
movement of the motor vehicle;
(3) imposing an additional fine if the original fine
is not paid within a specified time; [or]
(4) denying issuance of or revoking a parking or
operating permit, as applicable; or
(5) filing an action to collect the fine, cost, or fee
in a court of competent jurisdiction.
(b) An action to collect a fine, cost, or fee under
Subsection (a)(5) must be brought:
(1) in the name of the municipality served by the
hearing officer; and
(2) in a county in which all or part of that
municipality is located.
SECTION 3. (a) The change in law made by this Act to
Article 103.0031, Code of Criminal Procedure, 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.
(b) The change in law made by this Act to Section 682.010,
Transportation Code, applies to a debt incurred as the result of a
civil offense committed before, on, or after the effective date of
this Act, other than a debt satisfied before that date.
SECTION 4. 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.