2005 Texas Code of Criminal Procedure CHAPTER 103. COLLECTION AND RECORDKEEPING

CODE OF CRIMINAL PROCEDURE

CHAPTER 103. COLLECTION AND RECORDKEEPING


	Art. 103.001. [1012, 1013] [1109, 1110] [1072, 1073] 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. [1011] [1108] [1071] 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. [947] [1048] [1013] 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;  Subsec. (b) 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.  
Subsecs. (a), (b), (f) 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. Aug. 29, 
2005.     


	Art. 103.004. [949] [1050] [1015] 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. [944-946, 948] [1045-1047, 1049] [1010-1012, 
1014] 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. [1014] [1111] [1074] 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. [1015] [1112] [1075] 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. [1016] [1113] [1076] 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. [1009, 1010, 1017] [1106, 1107, 1114] [1069, 
1070, 1077] 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.