Bill Text: TX HB2949 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the administration of the collection improvement program.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2949 Detail]
Download: Texas-2011-HB2949-Enrolled.html
H.B. No. 2949 |
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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) [ |
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collection of court costs, fees, and fines imposed in criminal | ||
cases, as developed and implemented under this article. | ||
(b) This article applies [ |
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greater. | ||
(c) Unless granted a waiver under Subsection (h), each | ||
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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 [ |
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April 1 of the following year. | ||
(f) The [ |
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shall develop a methodology for determining the collection rate of | ||
counties and municipalities described by Subsection (e) before | ||
implementation of a program. The office [ |
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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[ |
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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 [ |
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municipality and grant a waiver to the [ |
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(i) Each county that implements a program and each | ||
municipality shall at least annually submit to the office [ |
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regarding the program, as determined by the office [ |
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office [ |
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(j) The office [ |
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Subsection (i) and confirm that the [ |
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conforming with requirements relating to the program. [ |
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SECTION 2. Section 133.058(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) A municipality [ |
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if, during an audit under [ |
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103.0033(j), Code of Criminal Procedure, the Office of Court | ||
Administration of the Texas Judicial System [ |
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determines that the municipality [ |
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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 [ |
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[ |
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on receipt of a written confirmation from the office [ |
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that the municipality [ |
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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 | ||
[ |
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Office of Court Administration of the Texas Judicial System | ||
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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 [ |
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more [ |
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section on receipt of a written confirmation from the office | ||
[ |
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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 |