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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of the collection improvement |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 103.0033(f), (h), (i), and (j), Code of |
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Criminal Procedure, are amended to read as follows: |
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(f) The [comptroller, in cooperation with the] office[,] |
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shall develop a methodology for determining the collection rate of |
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counties and municipalities described by Subsection (e) before |
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implementation of a program. The office [comptroller] shall |
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determine the rate for each county and municipality not later than |
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the first anniversary of the county's or municipality's adoption of |
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a program. |
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(h) The office[, in consultation with the comptroller,] |
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may: |
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(1) use case dispositions, population, revenue data, |
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or other appropriate measures to develop a prioritized |
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implementation schedule for programs; and |
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(2) determine whether it is not cost-effective to |
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implement a program in a county or municipality and grant a waiver |
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to the county or municipality. |
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(i) Each county and municipality shall at least annually |
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submit to the office [and the comptroller] a written report that |
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includes updated information regarding the program, as determined |
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by the office [in cooperation with the comptroller]. The report |
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must be in a form approved by the office [in cooperation with the
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comptroller]. |
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(j) The office [comptroller] shall periodically audit |
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counties and municipalities to verify information reported under |
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Subsection (i) and confirm that the county or municipality is |
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conforming with requirements relating to the program. [The
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comptroller shall consult with the office in determining how
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frequently to conduct audits under this section.] |
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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 Office of Court |
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Administration of the Texas Judicial System [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. The |
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municipality or county may continue to retain a service fee under |
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this section on receipt of a written confirmation from the Office of |
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Court Administration of the Texas Judicial System [comptroller] |
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that the municipality or county is in compliance with Article |
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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 |
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of Criminal Procedure, the Office of Court Administration of the |
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Texas Judicial System [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. The municipality or county shall |
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continue to dispose of fees as otherwise provided by this section on |
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receipt of a written confirmation from the Office of Court |
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Administration of the Texas Judicial System [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. This Act takes effect September 1, 2011. |