By: Barrientos S.B. No. 978
(In the Senate - Filed March 3, 2005; March 14, 2005, read
first time and referred to Committee on Jurisprudence; May 2, 2005,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 4, Nays 0; May 2, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 978 By: Wentworth
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 103.0032, Code of Criminal Procedure, is
amended to read as follows:
Art. 103.0032. COLLECTION IMPROVEMENT PROGRAM [PLANS].
(a) In this article:
(1) "Office" means the Office of Court Administration
of the Texas Judicial System.
(2) "Program" means the program to improve the
collection of court costs, fees, and fines imposed in criminal
cases, as developed and implemented under this article.
(b) Unless granted a waiver under Subsection (g), each
county and municipality shall develop and implement a program that
complies with the prioritized implementation schedule under
Subsection (g). A county program must include district, county,
and justice courts.
(c) The program must consist of:
(1) a component that conforms with a model developed
by the office and designed to improve in-house collections through
application of best practices; and
(2) a component designed to improve collection of
balances more than 60 days past due, which may be implemented by
entering into a contract with a private attorney or public or
private vendor in accordance with Article 103.0031.
(d) 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.
(e) The comptroller, in cooperation with the office, shall
develop a methodology for determining the collection rate of
counties and municipalities described by Subsection (d) before
implementation of a program. The comptroller shall determine the
rate for each county and municipality not later than the first
anniversary of the county's or municipality's adoption of a
program.
(f) The office shall:
(1) make available on the office's 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.
(g) The office, in consultation with the comptroller, may:
(1) use case dispositions, population, revenue data,
or other appropriate measures to develop a prioritized
implementation schedule for programs; and
(2) determine whether it is not cost-effective to
implement a program in a county or municipality and grant a waiver
to the county or municipality.
(h) 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.
(i) 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.
(j) The comptroller shall periodically audit counties and
municipalities to verify information reported under Subsection (i)
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 subsection.
SECTION 2. 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(j), 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 3. 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(j), 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 4. (a) Notwithstanding Subsection (d), Article
103.0032, 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 Subsection (d), Article 103.0032, 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's Internet website requirements for a program under
Article 103.0032, Code of Criminal Procedure, as amended by this
Act, in accordance with Subsection (f) of that article.
SECTION 5. 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.
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