82R19926 KEL-F
By: Turner H.B. No. 1985
Substitute the following for H.B. No. 1985:
By: Jackson C.S.H.B. No. 1985
A BILL TO BE ENTITLED
AN ACT
relating to the collection of criminal and civil court costs, fees,
and fines by a municipality or county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 103.0033(a) and (d), Code of Criminal
Procedure, are amended to read as follows:
(a) In this article:
(1) "Eligible case" means a criminal case in which the
judgment has been entered by a trial court. The term does not
include a criminal case in which a defendant has been placed on
deferred disposition or has elected to take a driving safety
course.
(2) "Office" means the Office of Court Administration
of the Texas Judicial System.
(3) [(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.
(d) The program must consist of:
(1) a component that conforms with a model developed
by the office and designed to improve in-house collections for
eligible cases through the application of best practices; and
(2) a component designed to improve the collection of
balances for eligible cases 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.
SECTION 2. Section 133.058(e), Local Government Code, is
amended 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
103.0033(j), Code of Criminal Procedure, the comptroller
determines that the municipality or county is not in compliance
with Article 103.0033, Code of Criminal Procedure, and if the
municipality or county is unable to reestablish compliance on or
before the 180th day after the date the municipality or county
receives written notice of noncompliance from the comptroller.
After any period in which the municipality or county becomes unable
to retain a service fee under this subsection, the [The]
municipality or county may begin once more [continue] to retain the
[a service] fee only [under this section] on receipt of a written
confirmation from the comptroller that the municipality or county
is in compliance with Article 103.0033, Code of Criminal Procedure.
SECTION 3. Section 133.103(c-1), Local Government Code, is
amended to read as follows:
(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 103.0033(j), Code of
Criminal Procedure, the comptroller determines that the
municipality or county is not in compliance with Article 103.0033,
Code of Criminal Procedure, and if the municipality or county is
unable to reestablish compliance on or before the 180th day after
the date the municipality or county receives written notice of
noncompliance from the comptroller. After any period in which the
treasurer is required under this subsection to send 100 percent of
the fees collected under this section to the comptroller, the [.
The] municipality or county shall begin once more [continue] to
dispose of fees as otherwise provided by this section only on
receipt of a written confirmation from the comptroller that the
municipality or county is in compliance with Article 103.0033, Code
of Criminal Procedure.
SECTION 4. The change in law made by this Act in amending
Sections 133.058(e) and 133.103(c-1), Local Government Code,
applies only to an audit commenced by the comptroller on or after
the effective date of this Act. An audit commenced by the
comptroller before the effective date of this Act is governed by the
law in effect when the audit was commenced, and the former law is
continued in effect for that purpose.
SECTION 5. The change in law made by this Act in amending
Article 103.0033, Code of Criminal Procedure, applies only to a
court cost, fee, or fine imposed in a criminal case on or after the
effective date of this Act. A court cost, fee, or fine imposed in a
criminal case before the effective date of this Act is governed by
the law in effect on the date the cost, fee, or fine was imposed, and
the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2011.