| 1 | 1 | | 82R19926 KEL-F |
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| 2 | 2 | | By: Turner H.B. No. 1985 |
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| 3 | 3 | | Substitute the following for H.B. No. 1985: |
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| 4 | 4 | | By: Jackson C.S.H.B. No. 1985 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the collection of criminal and civil court costs, fees, |
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| 10 | 10 | | and fines by a municipality or county. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Articles 103.0033(a) and (d), Code of Criminal |
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| 13 | 13 | | Procedure, are amended to read as follows: |
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| 14 | 14 | | (a) In this article: |
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| 15 | 15 | | (1) "Eligible case" means a criminal case in which the |
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| 16 | 16 | | judgment has been entered by a trial court. The term does not |
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| 17 | 17 | | include a criminal case in which a defendant has been placed on |
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| 18 | 18 | | deferred disposition or has elected to take a driving safety |
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| 19 | 19 | | course. |
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| 20 | 20 | | (2) "Office" means the Office of Court Administration |
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| 21 | 21 | | of the Texas Judicial System. |
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| 22 | 22 | | (3) [(2)] "Program" means the program to improve the |
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| 23 | 23 | | collection of court costs, fees, and fines imposed in criminal |
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| 24 | 24 | | cases, as developed and implemented under this article. |
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| 25 | 25 | | (d) The program must consist of: |
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| 26 | 26 | | (1) a component that conforms with a model developed |
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| 27 | 27 | | by the office and designed to improve in-house collections for |
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| 28 | 28 | | eligible cases through the application of best practices; and |
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| 29 | 29 | | (2) a component designed to improve the collection of |
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| 30 | 30 | | balances for eligible cases more than 60 days past due, which may be |
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| 31 | 31 | | implemented by entering into a contract with a private attorney or |
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| 32 | 32 | | public or private vendor in accordance with Article 103.0031. |
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| 33 | 33 | | SECTION 2. Section 133.058(e), Local Government Code, is |
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| 34 | 34 | | amended to read as follows: |
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| 35 | 35 | | (e) A municipality or county may not retain a service fee |
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| 36 | 36 | | if, during an audit under Section 133.059 of this code or Article |
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| 37 | 37 | | 103.0033(j), Code of Criminal Procedure, the comptroller |
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| 38 | 38 | | determines that the municipality or county is not in compliance |
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| 39 | 39 | | with Article 103.0033, Code of Criminal Procedure, and if the |
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| 40 | 40 | | municipality or county is unable to reestablish compliance on or |
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| 41 | 41 | | before the 180th day after the date the municipality or county |
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| 42 | 42 | | receives written notice of noncompliance from the comptroller. |
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| 43 | 43 | | After any period in which the municipality or county becomes unable |
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| 44 | 44 | | to retain a service fee under this subsection, the [The] |
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| 45 | 45 | | municipality or county may begin once more [continue] to retain the |
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| 46 | 46 | | [a service] fee only [under this section] on receipt of a written |
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| 47 | 47 | | confirmation from the comptroller that the municipality or county |
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| 48 | 48 | | is in compliance with Article 103.0033, Code of Criminal Procedure. |
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| 49 | 49 | | SECTION 3. Section 133.103(c-1), Local Government Code, is |
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| 50 | 50 | | amended to read as follows: |
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| 51 | 51 | | (c-1) The treasurer shall send 100 percent of the fees |
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| 52 | 52 | | collected under this section to the comptroller if, during an audit |
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| 53 | 53 | | under Section 133.059 of this code or Article 103.0033(j), Code of |
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| 54 | 54 | | Criminal Procedure, the comptroller determines that the |
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| 55 | 55 | | municipality or county is not in compliance with Article 103.0033, |
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| 56 | 56 | | Code of Criminal Procedure, and if the municipality or county is |
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| 57 | 57 | | unable to reestablish compliance on or before the 180th day after |
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| 58 | 58 | | the date the municipality or county receives written notice of |
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| 59 | 59 | | noncompliance from the comptroller. After any period in which the |
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| 60 | 60 | | treasurer is required under this subsection to send 100 percent of |
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| 61 | 61 | | the fees collected under this section to the comptroller, the [. |
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| 62 | 62 | | The] municipality or county shall begin once more [continue] to |
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| 63 | 63 | | dispose of fees as otherwise provided by this section only on |
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| 64 | 64 | | receipt of a written confirmation from the comptroller that the |
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| 65 | 65 | | municipality or county is in compliance with Article 103.0033, Code |
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| 66 | 66 | | of Criminal Procedure. |
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| 67 | 67 | | SECTION 4. The change in law made by this Act in amending |
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| 68 | 68 | | Sections 133.058(e) and 133.103(c-1), Local Government Code, |
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| 69 | 69 | | applies only to an audit commenced by the comptroller on or after |
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| 70 | 70 | | the effective date of this Act. An audit commenced by the |
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| 71 | 71 | | comptroller before the effective date of this Act is governed by the |
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| 72 | 72 | | law in effect when the audit was commenced, and the former law is |
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| 73 | 73 | | continued in effect for that purpose. |
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| 74 | 74 | | SECTION 5. The change in law made by this Act in amending |
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| 75 | 75 | | Article 103.0033, Code of Criminal Procedure, applies only to a |
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| 76 | 76 | | court cost, fee, or fine imposed in a criminal case on or after the |
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| 77 | 77 | | effective date of this Act. A court cost, fee, or fine imposed in a |
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| 78 | 78 | | criminal case before the effective date of this Act is governed by |
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| 79 | 79 | | the law in effect on the date the cost, fee, or fine was imposed, and |
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| 80 | 80 | | the former law is continued in effect for that purpose. |
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| 81 | 81 | | SECTION 6. This Act takes effect September 1, 2011. |
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