AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The 79th Texas Legislature, in 2005, created the mandatory county debt collection program.  Under this program, all counties with a population over 50,000 were required to hire at least one county debt collector for court costs, fines, and fees.

 

Current law allows counties with a population of less than 50,000 to hire the services of a third-party collection service company.  S.B. 387 amends current statute allow Cherokee County to opt out of the state-mandated program. 

 

S.B. 387 is a local bill that pertains only to Cherokee County.  This bill gives Cherokee County another option to collect these fines, which in most cases will allow for a  more effective and efficient local government. 

 

As proposed, S.B. 387 amends current law relating to county participation in a program for improvement of collection of court costs, fees, and fines imposed in criminal cases.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Article 103.0033, Code of Criminal Procedure, by amending Subsection (b) and adding Subsection (b-1), as follows:

 

(b) Provides that, except as provided by Subsection (b-1), this article applies only to a county with a population of 50,000 or greater and a municipality with a population of 100,000 or greater.

 

(b-1) Provides that this article does not apply to a county with a population of less than 55,000 that contains a hospital owned and operated by the state.

 

SECTION 2. Effective date: upon passage or September 1, 2013.