CHAPTER 103. COLLECTION AND RECORDKEEPING
CODE OF CRIMINAL PROCEDURE
TITLE 2. CODE OF CRIMINAL PROCEDURE
CHAPTER 103. COLLECTION AND RECORDKEEPING
Art. 103.001. COSTS PAYABLE. A cost is not payable by the person
charged with the cost until a written bill is produced or is
ready to be produced, containing the items of cost, signed by the
officer who charged the cost or the officer who is entitled to
receive payment for the cost.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985.
Art. 103.002. CERTAIN COSTS BARRED. An officer may not impose a
cost for a service not performed or for a service for which a
cost is not expressly provided by law.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985.
Art. 103.003. COLLECTION. (a) District and county attorneys,
clerks of district and county courts, sheriffs, constables, and
justices of the peace may collect money payable under this title.
(b) A community supervision and corrections department may
collect money payable under this title with the written approval
of the clerk of the court or fee officer, and may collect money
payable as otherwise provided by law.
(c) This article does not limit the authority of a commissioners
court to contract with a private vendor or private attorney for
the provision of collection services under Article 103.0031.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985. Amended by Acts 1995, 74th Leg., ch. 217, Sec. 3, eff. May
23, 1995; Subsec. (c) added by Acts 2001, 77th Leg., ch. 1279,
Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1064, Sec. 1, eff. June 18, 2005.
Art. 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, Transportation Code;
(2) amounts in cases in which the accused has failed to appear:
(A) as promised under Subchapter A, Chapter 543, Transportation
Code, or other law;
(B) in compliance with a lawful written notice to appear issued
under Article 14.06(b) or other law;
(C) in compliance with a lawful summons issued under Article
15.03(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, 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 or 233, 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, 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 a notice of
the person's right to enter a plea or go to trial on any offense
charged.
Added by Acts 1993, 73rd Leg., ch. 809, Sec. 3, eff. Aug. 30,
1993. Amended by Acts 2001, 77th Leg., ch. 1279, Sec. 2, eff.
June 15, 2001; Acts 2003, 78th Leg., ch. 346, Sec. 1, eff. June
18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1296, Sec. 4, eff. June 18, 2005.
Art. 103.0032. COLLECTION IMPROVEMENT PLANS. Not later than
January 1 of each even-numbered year, the Office of Court
Administration of the Texas Judicial System may award grants to
counties and municipalities to prepare a collection plan. The
grants shall reimburse the county or municipality for the cost of
preparing the plan. The plan shall provide methods to improve the
collection of court costs, fees, and fines imposed in criminal
cases. The Office of Court Administration of the Texas Judicial
System may require that the county or municipality reimburse the
state from the additional collections as a condition of the
grant.
Added by Acts 2001, 77th Leg., ch. 1469, Sec. 1, eff. Sept. 1,
2001.
Art. 103.0033. COLLECTION IMPROVEMENT PROGRAM. (a) In this
article:
(1) "Office" means the Office of Court Administration of the
Texas Judicial System.
(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:
(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), each county
and municipality shall 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 through
application of best practices; and
(2) a component designed to improve collection of balances 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 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 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.
(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, 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) 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.
(i) Each county and 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 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.
Added by Acts 2005, 79th Leg., Ch.
899, Sec. 10.01, eff. August 29, 2005.
Art. 103.004. DISPOSITION OF COLLECTED MONEY. (a) Except as
provided by Subsections (b) and (c), an officer who collects
recognizances, bail bonds, fines, forfeitures, judgments, jury
fees, and other obligations recovered in the name of the state
under any provision of this title shall deposit the money in the
county treasury not later than the next regular business day
after the date that the money is collected. If it is not possible
for the officer to deposit the money in the county treasury by
that date, the officer shall deposit the money in the county
treasury as soon as possible, but not later than the third
regular business day after the date that the money is collected.
(b) The commissioners court of a county may authorize an officer
who is required to deposit money under Subsection (a) to deposit
the money in the county treasury not later than the seventh
regular business day after the date that the money is collected.
(c) The commissioners court of a county with a population of less
than 50,000 may authorize an officer who is required to deposit
money under Subsection (a) to deposit the money in the county
treasury not later than the 30th day after the date that the
money is collected.
(d) The custodian of the county treasury shall deposit money
received from fees imposed under Article 102.012 in the special
fund of the county treasury for the community supervision and
corrections department serving the county.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 21,
eff. June 18, 1990; Acts 1999, 76th Leg., ch. 1462, Sec. 1, eff.
Sept. 1, 1999.
Art. 103.005. REPORT REQUIRED. (a) An officer listed in Article
103.003 who collects money other than taxes for a county shall
report to the commissioners court of the county for which the
money was collected during each term of the court.
(b) An officer listed in Article 103.003 who collects money other
than taxes for the state shall report to the district court
having jurisdiction in the county the officer serves on the first
day of each term of the court.
(c) The report must state for the reporting period:
(1) the amount of money collected by the officer;
(2) when and from whom the money was collected;
(3) the process by which the money was collected; and
(4) the disposition of the money.
(d) The report must be in writing and under the oath of the
officer.
(e) If an officer has not collected money since the last report
required to be filed with the court or the commissioners court,
the officer shall report that fact to the court or commissioners
court.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985.
Art. 103.006. TRANSFER OF BILL OF COSTS. If a criminal action or
proceeding is transferred from one court to another or is
appealed, an officer of the court shall certify and sign a bill
of costs stating the costs that have accrued and send the bill of
costs to the court to which the action or proceeding is
transferred or appealed.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985.
Art. 103.007. ADDITIONAL COSTS AFTER PAYMENT. After a defendant
has paid costs, no more costs may be charged against the
defendant unless the court rules on a motion presented to the
court that additional costs are due.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985.
Art. 103.008. CORRECTION OF COSTS. (a) On the filing of a motion
by a defendant not later than one year after the date of the
final disposition of a case in which costs were imposed, the
court in which the case is pending or was last pending shall
correct any error in the costs.
(b) The defendant must notify each person affected by the
correction of costs in the same manner as notice of a similar
motion is given in a civil action.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985.
Art. 103.009. FEE RECORDS. (a) Each clerk of a court, county
judge, justice of the peace, sheriff, constable, and marshal
shall keep a fee record. The record must contain:
(1) a statement of each fee or item of cost charged for a service
rendered in a criminal action or proceeding;
(2) the number and style of the action or proceeding; and
(3) the name of the officer or person who is entitled to receive
the fee.
(b) Any person may inspect a fee record described by Subsection
(a).
(c) A statement of an item of cost in a fee record is prima facie
evidence of the correctness of the statement.
(d) The county shall provide to officers required to keep a fee
record by this article equipment and supplies necessary to keep
the record.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985. Amended by Acts 1993, 73rd Leg., ch. 988, Sec. 2.05, eff.
Sept. 1, 1993.
Art. 103.010. RECEIPT BOOK. (a) Each county shall provide a
receipt book to each officer collecting fines and fees in
criminal cases for the county. The book must contain duplicate
official receipts. Each receipt must bear a distinct number and a
facsimile of the official seal of the county.
(b) An officer who collects fines or fees in a criminal case
shall give the person paying the money a receipt from the receipt
book. The receipt must show:
(1) the amount of money paid;
(2) the date the money was paid;
(3) the style and number of the case in which the costs were
accrued;
(4) the item of costs;
(5) the name of the person paying the money; and
(6) the official signature of the officer receiving the money.
(c) Instead of a receipt book, each officer collecting fines or
fees in criminal cases for the county may maintain the
information listed in Subsections (b)(1)-(5) in a computer
database. The officer shall provide a receipt to each person
paying a fine or fee.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985. Subsec. (c) added by Acts 1999, 76th Leg., ch. 412, Sec. 1,
eff. June 18, 1999.
Art. 103.011. AUDIT. An officer shall deliver the receipt book
or a copy of any receipt records contained in a computer database
to the county auditor at the end of each month's business or at
the end of each month shall allow the county auditor electronic
access to receipt records contained in the computer database. The
county auditor shall examine the receipt book or computer records
and determine whether the money collected has been properly
disposed of. If each receipt in a receipt book has been used, the
county auditor shall keep the book. If any receipt in the book
has not been used, the auditor shall return the book to the
officer. The county auditor may keep a copy of computer generated
receipt records delivered to the county auditor. Any person may
inspect a receipt book or a computer generated receipt record
kept by the county auditor.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985. Amended by Acts 1999, 76th Leg., ch. 412, Sec. 2, eff. June
18, 1999.
Art. 103.012. PENALTY. (a) An officer commits an offense if the
officer violates a provision of Article 103.010 or Article
103.011.
(b) An offense under this article is a Class C misdemeanor.
(c) An officer who violates a provision of Article 103.010 or
Article 103.011 or whose deputy violates a provision of those
articles may be removed from office on the petition of the county
or district attorney.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985.