HBA-KDB, EDN C.S.S.B. 1778 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1778
By: Lucio
Criminal Jurisprudence
5/4/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law authorizes the commissioners court of a county to contract with
outside vendors for the collection of fines, fees, restitution, and other
costs ordered to be paid by a court serving the county. However, a
municipality is not authorized to contract with a vendor to collect money
owed to the municipality.  In addition, a private attorney is  not
explicitly authorized to provide collection services.   C.S.S.B. 1778
authorizes the commissioners court of a county and the governing body of a
municipality to add a 30 percent increase to any fine, fee, restitution,
debt, or cost, other than a forfeited bond, that is more than 60 days
overdue and collected by a private attorney or a public or private vendor
to ensure that municipal and county courts receive all money owed while
still allowing the vendor or private attorney to receive fees.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.S.B. 1778 amends the Code of Criminal Procedure to provide that the
commissioners court of a county or the governing body of a municipality
that enters into a contract with a private attorney or private vendor for
the provision of collection services for debts and accounts receivable,
other than forfeited bonds, may authorize the addition of collection fees
in the amount of 30 percent on each debt or account receivable that is more
than 60 days past due and has been referred to the attorney or vendor for
collection.  The bill provides that a defendant is not liable for such
collection fees if the court of original jurisdiction has determined the
defendant is indigent, has insufficient resources or income, or is
otherwise unable to pay all or part of the underlying fine or costs.   

If a private attorney or private vendor collects from a person owing costs
ordered paid by the court an amount that is less than the total costs owed
by the person, including collection costs permitted under the attorney's or
vendor's  contract with the commissioners court or governing body, the
amount of costs collected otherwise required to be sent to the comptroller
of public accounts and the amount permitted to be retained by the county or
municipality are reduced  
by an equal percentage to fully compensate the attorney or vendor, not to
exceed the percentage specified as allowable collection costs in the
vendor's contract with the county or municipality. 

The bill repeals provisions relating to a local government expense in
collecting fines. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 



 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1778 modifies the original bill by providing that the governing
body of a municipality, in addition to a commissioners court of a county,
that enters into a contract with a private attorney, in addition to a
private vendor, for the collection of debts and accounts receivable, other
than forfeited bonds, may authorize  the addition of certain collection
fees.  The substitute adds provisions related to compensating a private
attorney or private vendor who has been paid less than the total costs owed
by a person.  The substitute extends the provisions related to collection
contracts to include a court serving a municipality. The substitute repeals
provisions relating to a local government expense in collecting fines.