Bill Text: TX HB2949 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the administration of the collection improvement program.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2949 Detail]

Download: Texas-2011-HB2949-Enrolled.html

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H.B. No. 2949

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