Art. 103.0033. COLLECTION IMPROVEMENT PROGRAM. (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) "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:
(1) a county with a population of 50,000 or greater; and
(2) a municipality with a population of 100,000 or greater.
(c) Unless granted a waiver under Subsection (h)(2) or (h-1), each county and municipality shall develop and implement a program that complies with the prioritized implementation schedule under Subsection (h)(1). 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 able to implement a program before April 1 of the following year.
(f) 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 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.
(g) The office shall:
(1) make available on the office's Internet website requirements for a program; and
(2) assist counties and municipalities in implementing a program by providing training and consultation, except that the office may not provide employees for implementation of a program.
(h) The office may:
(1) use case dispositions, population, revenue data, or other appropriate measures to develop a prioritized implementation schedule for programs; and
(2) determine whether it is not cost-effective to implement a program in a county or municipality and grant a waiver to the county or municipality.
(h-1) The office shall grant a waiver to a county that:
(1) contains within its borders a correctional facility operated by or under contract with the Texas Department of Criminal Justice; and
(2) has a population of 50,000 or more only because the inmate population of all correctional facilities described by Subdivision (1) is included in that population.
(i) Each county and municipality shall at least annually submit to the office a written report that includes updated information regarding the program, as determined by the office. The report must be in a form approved by the office.
(j) The office 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.
Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 10.01, eff. August 29, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1171 (H.B. 2949), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 41.01, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 24 (S.B. 387), Sec. 1, eff. May 10, 2013.
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