| |
| |
| |
|
|
AN ACT
|
|
|
relating to the administration of the collection improvement |
|
|
program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Articles 103.0033(a), (b), (c), (d), (e), (f), |
|
|
(h), (i), and (j), 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. |
|
|
(b) This article applies [only] to each[:
|
|
|
[(1) a] county in this state [with a population of
|
|
|
50,000 or greater;] and to each |
|
|
[(2) a] municipality with a population of 100,000 or |
|
|
greater. |
|
|
(c) Unless granted a waiver under Subsection (h), each |
|
|
[county and] municipality shall develop and implement a program |
|
|
that complies with the prioritized implementation schedule under |
|
|
Subsection (h). A county may develop and implement a program that |
|
|
complies with the prioritized implementation schedule under |
|
|
Subsection (h). A county program must include district, county, |
|
|
and justice courts. |
|
|
(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. |
|
|
(e) Not later than June 1 of each year, the office shall |
|
|
identify those counties and municipalities that: |
|
|
(1) have not implemented a program; and |
|
|
(2) are planning [able] to implement a program before |
|
|
April 1 of the following year. |
|
|
(f) The [comptroller, in cooperation with the] office[,] |
|
|
shall develop a methodology for determining the collection rate of |
|
|
counties and municipalities described by Subsection (e) before |
|
|
implementation of a program. The office [comptroller] shall |
|
|
determine the rate for each county and municipality not later than |
|
|
the first anniversary of the county's or municipality's adoption of |
|
|
a program. |
|
|
(h) The office[, in consultation with the comptroller,] |
|
|
may: |
|
|
(1) use case dispositions, population, revenue data, |
|
|
or other appropriate measures to develop a prioritized |
|
|
implementation schedule for programs; and |
|
|
(2) for a municipality, determine whether it is not |
|
|
actually cost-effective to implement a program in the [a county or] |
|
|
municipality and grant a waiver to the [county or] municipality. |
|
|
(i) Each county that implements a program and each |
|
|
municipality shall at least annually submit to the office [and the
|
|
|
comptroller] a written report that includes updated information |
|
|
regarding the program, as determined by the office [in cooperation
|
|
|
with the comptroller]. The report must be in a form approved by the |
|
|
office [in cooperation with the comptroller]. |
|
|
(j) The office [comptroller] shall periodically audit |
|
|
[counties and] municipalities to verify information reported under |
|
|
Subsection (i) and confirm that the [county or] municipality is |
|
|
conforming with requirements relating to the program. [The
|
|
|
comptroller shall consult with the office in determining how
|
|
|
frequently to conduct audits under this section.] |
|
|
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 Office of Court |
|
|
Administration of the Texas Judicial System [comptroller] |
|
|
determines that the municipality [or county] is not in compliance |
|
|
with Article 103.0033, Code of Criminal Procedure, and if the |
|
|
municipality is unable to reestablish compliance on or before the |
|
|
180th day after the date the municipality receives written notice |
|
|
of noncompliance from the office. After any period in which the |
|
|
municipality 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 office [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 to the comptroller 100 |
|
|
percent of the fees collected under this section by a municipality |
|
|
[to the comptroller] if, during an audit under [Section 133.059 of
|
|
|
this code or] Article 103.0033(j), Code of Criminal Procedure, the |
|
|
Office of Court Administration of the Texas Judicial System |
|
|
[comptroller] determines that the municipality [or county] is not |
|
|
in compliance with Article 103.0033, Code of Criminal Procedure, |
|
|
and if the municipality is unable to reestablish compliance on or |
|
|
before the 180th day after the date the municipality receives |
|
|
written notice of noncompliance from the office. 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 on receipt of a written confirmation from the office |
|
|
[comptroller] that the municipality [or county] is in compliance |
|
|
with Article 103.0033, Code of Criminal Procedure. |
|
|
SECTION 4. Section 706.005(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) A political subdivision shall immediately notify the |
|
|
department that there is no cause to continue to deny renewal of a |
|
|
person's driver's license based on the person's previous failure to |
|
|
appear or failure to pay or satisfy a judgment ordering the payment |
|
|
of a fine and cost in the manner ordered by the court in a matter |
|
|
involving an offense described by Section 706.002(a), on payment of |
|
|
a fee as provided by Section 706.006 and: |
|
|
(1) the perfection of an appeal of the case for which |
|
|
the warrant of arrest was issued or judgment arose; |
|
|
(2) the dismissal of the charge for which the warrant |
|
|
of arrest was issued or judgment arose; |
|
|
(3) the posting of bond or the giving of other security |
|
|
to reinstate the charge for which the warrant was issued; |
|
|
(4) the payment or discharge of the fine and cost owed |
|
|
on an outstanding judgment of the court; or |
|
|
(5) other suitable arrangement to pay the fine and |
|
|
cost within the court's discretion. |
|
|
SECTION 5. 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 on or after the effective date of |
|
|
this Act. An audit commenced 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 6. 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 7. This Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2949 was passed by the House on May 4, |
|
|
2011, by the following vote: Yeas 141, Nays 0, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 2949 on May 27, 2011, by the following vote: Yeas 142, Nays 0, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2949 was passed by the Senate, with |
|
|
amendments, on May 23, 2011, by the following vote: Yeas 30, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |