79R8036 BDH-F
By: Barrientos S.B. No. 978
A BILL TO BE ENTITLED
AN ACT
relating to the collection of certain costs, fees, and fines in
criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 103.0031(c), Code of Criminal Procedure,
is amended to read as follows:
(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 if:
(1) the employees are performing the collection
services in place of a private attorney or a public or private
vendor for one or more of the items described by Subsection (a); and
(2) the collection program complies with Article
103.0032.
SECTION 2. Article 103.0032, Code of Criminal Procedure, is
amended to read as follows:
Sec. 103.0032. COLLECTION IMPROVEMENT PROGRAM [PLANS]. (a)
In this section:
(1) "Office" means the Office of Court Administration
of the Texas Judicial System.
(2) "Program" means a collection improvement program
developed and implemented under this article.
(b) As soon as practicable, each county and municipality
shall develop and implement a program to improve the collection of
court costs, fees, and fines imposed in criminal cases. The program
must comply with any requirements of the office. A county program
must include district, county, and justice courts.
(c) Not later than June 1 of each year, the office shall
identify those counties and municipalities that:
(1) have not implemented a program; and
(2) are able to implement a program before April 1 of
the following year.
(d) The comptroller, in cooperation with the office, shall
determine an appropriate collection rate for use by counties and
municipalities that have not implemented a program. Each county
and municipality is required to use the rate determined under this
subsection until the county or municipality implements a program.
(e) The office shall:
(1) make available on the office Internet website
requirements for a program; and
(2) assist counties and municipalities in
implementing a program by providing training and consultation,
except that the office may not provide employees for implementation
of a program.
(f) The office may use case dispositions, population,
revenue data, or other appropriate measures to develop a
prioritized implementation schedule for programs.
(g) Not later than January 1 of each even-numbered year, the
office [Office of Court Administration of the Texas Judicial
System] may award grants to counties and municipalities to prepare
a collection program [plan]. The grants shall reimburse the county
or municipality for the cost of preparing the program [plan]. [The
plan shall provide methods to improve the collection of court
costs, fees, and fines imposed in criminal cases.] The office
[Office of Court Administration of the Texas Judicial System] may
require that the county or municipality reimburse the state from
the additional collections as a condition of the grant.
(h) Each county and municipality shall at least annually
submit to the office and the comptroller a written report that
includes updated information regarding the program, as determined
by the office in cooperation with the comptroller. The report must
be in a form approved by the office in cooperation with the
comptroller.
(i) The comptroller shall periodically audit counties and
municipalities to verify information reported under Subsection (h)
and confirm that the county or municipality is conforming with
requirements relating to the program. The comptroller shall
consult with the office in determining how frequently to conduct
audits under this section.
SECTION 3. Section 133.058, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) A municipality or county may not retain a service fee
if, during an audit under Section 133.059 of this code or Article
103.0032(i), Code of Criminal Procedure, the comptroller
determines that the municipality or county is not in compliance
with Article 103.0032, Code of Criminal Procedure. The
municipality or county may continue to retain a service fee under
this section on receipt of a written confirmation from the
comptroller that the municipality or county is in compliance with
Article 103.0032, Code of Criminal Procedure.
SECTION 4. Section 133.103, Local Government Code, is
amended by amending Subsections (b) and (c) and adding Subsection
(c-1) to read as follows:
(b) Except as provided by Subsection (c-1), the [The]
treasurer shall send 50 percent of the fees collected under this
section to the comptroller. The comptroller shall deposit the fees
received to the credit of the general revenue fund.
(c) Except as provided by Subsection (c-1), the [The]
treasurer shall deposit 10 percent of the fees collected under this
section in the general fund of the county or municipality for the
purpose of improving the efficiency of the administration of
justice in the county or municipality. The county or municipality
shall prioritize the needs of the judicial officer who collected
the fees when making expenditures under this subsection and use the
money deposited to provide for those needs.
(c-1) The treasurer shall send 100 percent of the fees
collected under this section to the comptroller if, during an audit
under Section 133.059 of this code or Article 103.0032(i), Code of
Criminal Procedure, the comptroller determines that the
municipality or county is not in compliance with Article 103.0032,
Code of Criminal Procedure. The municipality or county shall
continue to dispose of fees as otherwise provided by this section on
receipt of a written confirmation from the comptroller that the
municipality or county is in compliance with Article 103.0032, Code
of Criminal Procedure.
SECTION 5. (a) Notwithstanding Article 103.0032(c), Code
of Criminal Procedure, as added by this Act, not later than
September 1, 2005, the Office of Court Administration of the Texas
Judicial System shall identify those counties and municipalities
that are able to implement a collection improvement program under
Article 103.0032, Code of Criminal Procedure, as amended by this
Act, before April 1, 2006. Beginning June 1, 2006, the Office of
Court Administration of the Texas Judicial System shall comply with
Article 103.0032(c), Code of Criminal Procedure, as added by this
Act.
(b) Not later than September 1, 2005, the Office of Court
Administration of the Texas Judicial System shall make available on
the office Internet website requirements for a program under
Article 103.0032, Code of Criminal Procedure, as amended by this
Act, in accordance with Subsection (e) of that article.
SECTION 6. 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, 2005.