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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of criminal and civil court costs, fees, |
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and fines by a municipality or county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 103.0033(a) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) In this article: |
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(1) "Eligible case" means a criminal case in which the |
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judgment has been entered by a trial court. The term does not |
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include a criminal case in which a defendant has been placed on |
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deferred disposition or has elected to take a driving safety |
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course. |
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(2) "Office" means the Office of Court Administration |
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of the Texas Judicial System. |
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(3) [(2)] "Program" means the program to improve the |
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collection of court costs, fees, and fines imposed in criminal |
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cases, as developed and implemented under this article. |
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(d) The program must consist of: |
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(1) a component that conforms with a model developed |
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by the office and designed to improve in-house collections for |
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eligible cases through the application of best practices; and |
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(2) a component designed to improve the collection of |
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balances for eligible cases more than 60 days past due, which may be |
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implemented by entering into a contract with a private attorney or |
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public or private vendor in accordance with Article 103.0031. |
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SECTION 2. Section 133.058(e), Local Government Code, is |
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amended to read as follows: |
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(e) A municipality or county may not retain a service fee |
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if, during an audit under Section 133.059 of this code or Article |
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103.0033(j), Code of Criminal Procedure, the comptroller |
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determines that the municipality or county is not in compliance |
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with Article 103.0033, Code of Criminal Procedure, and if the |
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municipality or county is unable to reestablish compliance on or |
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before the 180th day after the date the municipality or county |
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receives written notice of noncompliance from the comptroller. |
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After any period in which the municipality or county becomes unable |
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to retain a service fee under this subsection, the [The] |
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municipality or county may begin once more [continue] to retain the |
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[a service] fee only [under this section] on receipt of a written |
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confirmation from the comptroller that the municipality or county |
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is in compliance with Article 103.0033, Code of Criminal Procedure. |
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SECTION 3. Section 133.103(c-1), Local Government Code, is |
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amended to read as follows: |
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(c-1) The treasurer shall send 100 percent of the fees |
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collected under this section to the comptroller if, during an audit |
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under Section 133.059 of this code or Article 103.0033(j), Code of |
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Criminal Procedure, the comptroller determines that the |
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municipality or county is not in compliance with Article 103.0033, |
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Code of Criminal Procedure, and if the municipality or county is |
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unable to reestablish compliance on or before the 180th day after |
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the date the municipality or county receives written notice of |
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noncompliance from the comptroller. After any period in which the |
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treasurer is required under this subsection to send 100 percent of |
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the fees collected under this section to the comptroller, the [.
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The] municipality or county shall begin once more [continue] to |
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dispose of fees as otherwise provided by this section only on |
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receipt of a written confirmation from the comptroller that the |
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municipality or county is in compliance with Article 103.0033, Code |
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of Criminal Procedure. |
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SECTION 4. The change in law made by this Act in amending |
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Sections 133.058(e) and 133.103(c-1), Local Government Code, |
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applies only to an audit commenced by the comptroller on or after |
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the effective date of this Act. An audit commenced by the |
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comptroller before the effective date of this Act is governed by the |
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law in effect when the audit was commenced, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. The change in law made by this Act in amending |
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Article 103.0033, Code of Criminal Procedure, applies only to a |
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court cost, fee, or fine imposed in a criminal case on or after the |
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effective date of this Act. A court cost, fee, or fine imposed in a |
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criminal case before the effective date of this Act is governed by |
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the law in effect on the date the cost, fee, or fine was imposed, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2011. |