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H.B. No. 2626
AN ACT
relating to the penalties and fees imposed by municipalities and
counties in relation to certain false alarms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 118.133, Local Government
Code, is amended to read as follows:
Sec. 118.133. SHERIFF'S AND CONSTABLE'S RESPONSE TO FALSE
ALARM IN POPULOUS COUNTY.
SECTION 2. Sections 118.133(a) and (c), Local Government
Code, are amended to read as follows:
(a) The commissioners court of a county with a population of
more than 3.3 million by order may adopt a system by which the
county charges a fee if the sheriff's or constable's office of the
county responds to a security alarm and the emergency for which the
alarm device was designed to give notice does not exist.
(c) The commissioners court shall set the amount of the fee.
The court may set a single fee that is charged for each response to a
false alarm or may establish a fee structure under which different
fees are charged according to the differing circumstances of each
false alarm. However, the amount of a fee may not exceed the amount
of the actual costs incurred by the sheriff's or constable's office
in responding to the alarm.
SECTION 3. Subchapter D, Chapter 233, Local Government
Code, is amended by adding Section 233.098 to read as follows:
Sec. 233.098. ENFORCED COLLECTION. The appropriate
attorney representing the county may file a civil action in a court
of competent jurisdiction to recover a penalty or fee imposed by a
county under this subchapter.
SECTION 4. Articles 103.0031(a), (b), and (f), Code of
Criminal Procedure, are amended to read as follows:
(a) The commissioners court of a county or the governing
body of a municipality may enter into a contract with a private
attorney or a public or private vendor for the provision of
collection services for one or more of the following items:
(1) debts and accounts receivable such as unpaid
fines, fees, court costs, forfeited bonds, and restitution ordered
paid by:
(A) a court serving the county or a court serving
the municipality, as applicable; or
(B) a hearing officer serving the municipality
under Chapter 682, Transportation Code; [and]
(2) amounts in cases in which the accused has failed to
appear:
(A) as promised under Subchapter A, Chapter 543,
Transportation Code, or other law;
(B) in compliance with a lawful written notice to
appear issued under Article 14.06(b) or other law;
(C) in compliance with a lawful summons issued
under Article 15.03(b) or other law;
(D) in compliance with a lawful order of a court
serving the county or municipality; or
(E) as specified in a citation, summons, or other
notice authorized by Section 682.002, Transportation Code, that
charges the accused with a parking or stopping offense; and
(3) false alarm penalties or fees imposed by a county
under Chapter 118 or 233, Local Government Code, or by a
municipality under a municipal ordinance.
(b) A commissioners court or governing body of a
municipality that enters into a contract with a private attorney or
private vendor under this article may authorize the addition of a
collection fee in the amount of 30 percent on each item described in
Subsection (a) that is more than 60 days past due and has been
referred to the attorney or vendor for collection. The collection
fee does not apply to a case that has been dismissed by a court of
competent jurisdiction or to any amount that has been satisfied
through time-served credit or community service. The collection
fee may be applied to any balance remaining after a partial credit
for time served or community service if the balance is more than 60
days past due. Unless the contract provides otherwise, the court
shall calculate the amount of any collection fee due to the
governmental entity or to the private attorney or [public or]
private vendor performing the collection services and shall receive
all fees, including the collection fee. With respect to cases
described by Subsection (a)(2), the amount to which the 30 percent
collection fee applies is:
(1) the amount to be paid that is communicated to the
accused as acceptable to the court under its standard policy for
resolution of the case, if the accused voluntarily agrees to pay
that amount; or
(2) the amount ordered paid by the court after plea or
trial.
(f) An item subject to collection services under Subsection
(a) and to the additional collection fee authorized by Subsection
(b) is considered more than 60 days past due under Subsection (b) if
it remains unpaid on the 61st day after the following appropriate
date:
(1) with respect to an item described by Subsection
(a)(1), the date on which the debt, fine, fee, forfeited bond, or
court cost must be paid in full as determined by the court or
hearing officer; [or]
(2) with respect to an item described by Subsection
(a)(2), the date by which the accused promised to appear or was
notified, summoned, or ordered to appear; or
(3) with respect to an item described by Subsection
(a)(3), the date on which a penalty or fee is due under a rule or
order adopted under Chapter 233, Local Government Code, or an
ordinance, policy, procedure, or rule of a municipality.
SECTION 5. Section 233.092(b), Local Government Code, is
repealed.
SECTION 6. The changes in law made by this Act by adding
Section 233.098, Local Government Code, and by amending Articles
103.0031(a) and (f), Code of Criminal Procedure, apply to a penalty
or fee that is imposed in relation to a false alarm occurring
before, on, or after the effective date of this Act and that is
unpaid on or after that date.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2626 was passed by the House on April
22, 2005, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2626 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor