Tex.
Code of Crim. Proc. Article 103.0031
Collection Contracts
(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 (Administrative Adjudication of Vehicle Parking and Stopping Offenses), Transportation Code;(2)
amounts in cases in which the accused has failed to appear:(A)
as promised under Subchapter A (Arrest Without Warrant Authorized), Chapter 543 (Arrest and Prosecution of Violators), Transportation Code, or other law;(B)
in compliance with a lawful written notice to appear issued under Article 14.06 (Must Take Offender Before Magistrate)(b) or other law;(C)
in compliance with a lawful summons issued under Article 15.03 (Magistrate May Issue Warrant or Summons)(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 (Civil Offense), 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 (Fees Charged by County Officers) or 233 (County Regulation of Housing and Other Structures), 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 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.(c)
The governing body of a municipality with a population of more than 1.9 million may authorize the addition of collection fees under Subsection (b) for a collection program performed by employees of the governing body.(d)
A defendant is not liable for the collection fees authorized under Subsection (b) if the court of original jurisdiction has determined the defendant is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs.(e)
If a county or municipality has entered into a contract under Subsection (a) and a person pays an amount that is less than the aggregate total to be collected under Subsections (a) and (b), the allocation to the comptroller, the county or municipality, and the private attorney or vendor shall be reduced proportionately.(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;(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 (County Regulation of Housing and Other Structures), Local Government Code, or an ordinance, policy, procedure, or rule of a municipality.(g)
A county or municipality that enters into a contract under Subsection (a) may not use the additional 30 percent collection fee authorized by Subsection (b) for any purpose other than compensating the private attorney or private vendor who earns the fee.(h)
This section does not apply to the collection of commercial bail bonds.(i)
The commissioners court of a county or the governing body of a municipality may enter into a contract as described in this article to collect a debt incurred as a result of the commission of a criminal or civil offense committed before the effective date of this subsection. The collection fee does not apply to a debt collected pursuant to a contract entered into under this subsection.(j)
A communication to the accused person regarding the amount of payment that is acceptable to the court under the court’s standard policy for resolution of a case must include:(1)
a notice of the person’s right to enter a plea or go to trial on any offense charged; and(2)
a statement that, if the person is unable to pay the full amount of payment that is acceptable to the court, the person should contact the court regarding the alternatives to full payment that are available to resolve the case.
Source:
Article 103.0031 — Collection Contracts, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.103.htm#103.0031 (accessed Apr. 13, 2024).
