| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to waivers for certain counties and municipalities from |
|
|
the requirement to implement a collection improvement program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 103.0033, Code of Criminal Procedure, is |
|
|
amended by adding Subsections (h-1), (h-2), and (h-3) to read as |
|
|
follows: |
|
|
(h-1) The office shall grant a waiver under Subsection (h) |
|
|
if the office determines an existing collection plan or process of |
|
|
the county or municipality requesting the waiver is resulting in a |
|
|
collection rate comparable to the average collection rate in |
|
|
counties or municipalities, as applicable, that have implemented |
|
|
programs. |
|
|
(h-2) When computing the collection rate of an existing |
|
|
collection plan or process under Subsection (h-1), the office may |
|
|
not consider court costs, fees, or fines owed by persons who are |
|
|
confined in a correctional or detention facility if a significant |
|
|
portion of the total amount of court costs, fees, and fines owed to |
|
|
the county or municipality, as determined by the office, are owed by |
|
|
those persons. |
|
|
(h-3) The office shall adopt: |
|
|
(1) guidelines that provide counties and |
|
|
municipalities flexibility in complying with the requirements of |
|
|
the model developed by the office; and |
|
|
(2) guidelines regarding the circumstances under |
|
|
which the office will grant a waiver under Subsection (h), |
|
|
including guidelines on how the office determines the |
|
|
cost-effectiveness of implementing a program in a county or |
|
|
municipality. |
|
|
SECTION 2. As soon as practicable, the Office of Court |
|
|
Administration of the Texas Judicial System shall adopt the |
|
|
guidelines required by Article 103.0033(h-3), Code of Criminal |
|
|
Procedure, as added by this Act. |
|
|
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, 2007. |