aRnER ND. ~8˘~s7
RESOLUTION IN SUF~GOR"f OE HOUSE PTLL ~1~1
78TH LE(:~ I SLATURE
On this the u8th day of April, ~~-~~, ~_~pon motion made by
Commissioner Let;, seconded by Commissinner~ Williams, the
Court unanimously approved by a vote of 4-~-0, s~_~pporting the
Resol~_ttion in s~_ipport of Ho~_~se Pill E191, 78th Legislature,
State of Texas.
~ ~~~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Jonathan Letz OFFICE: Commissioners Court
MEETING DATE: April 28, 2003 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss Resolution in support of House Bill 2191, 78th Legislature, State of Texas.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Commissioner Pct. #3
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
BACKGROUND AND OBJECTIVE
OF BILL # ~ 6~ QI
BACKGROUND
When a convicted felon is sentenced to TDCI or any of its state jail facilities, it is not likely that any fines or costs
will be paid by that inmate upon release or parole.
"FINE, RESTITUTION AND COSTS ARE NOT PUNISHMENT UNTIL THEY ARE PAID."
The Code of Criminal Procedure lacks the concrete provision to allow District Courts in Texas the authority to take
action to collect the monies.
Govemment Code Sec. 508.155 (3) (A) requires the division to determine that the parolee has made a good faith
effort to comply with any restitution order imposed on the parolee by a court. In many areas the Parole Board or
Department fails to cooperate with local authorities and District Courts to collect delinquent fines and fees.
Most inmates, having been confined, and having access to the law library sources are aware that the District
Courts have limited or no authority to collect fines, costs and restitution in the counties upon their release, and
ignore any instructions by the parole board to return to the convicting county to make arrangements for payment.
The lack of authority to enforce judgments in District Courts has created a huge report of delinquent fines and
cost and restitution.
Some District Courts do not assess a fine because they consider them uncollectable.
STATUTES AFFECTED:
Code of Criminal Procedure Chapter 103.0031(b), 103.0032, 103.014,
Chapter 43.03, 43.09, 43.12, 43.13,
Govemment Code Art. 507.032, 508.115, 508.045, 508.156, 508.192
OBJECTIVE:
To create a source of revenue for the county and the state in a time of budget deficits.
The basic court cost is $198.00 from that $133.00 is submitted to the state.
To amend the above sections to require the TDCI to timely notify the proper parties of a convicting county that
the inmate is scheduled for release. The convicting county would then have the opportunity to investigate
whether or not there are delinquent or outstanding fines, costs and/or restitution due. The county would also
have the option to send the sheriff to the facility having custody of the inmate on the day of release. The county
determines that the amount due would justify the expense of sending the sheriff.
The sheriff would deliver the inmate to the collections department of the county, if one has been established by
the county. If not the inmate would be delivered to the Court.
The collections department or the court would require the defendant to either pay the amount due or enter into a
payment agreement.
If the defendant does not meet the requirements to pay the fine, fees and restitution due the county, this bill
would give the Court, after a hearing, the authority to issue a warrant for the arrest of the inmate and order
him/her placed in the county jail until such delinquent amount is paid. The defendant would be eligible to be
placed in a work program as determined by the sheriff.
No negative fiscal impact is anticipated from the passage of this legislation, but a very a positive one instead.
Amended3-11-03~~rY-OS~ ~CQti~~J
SECTION BY SECTION ANALYSIS OF BILL # HB2191 Y KEEL
Relating to improving the collections of costs, fees and fines in criminal cases.
SECTION 1:
Adds Art. 103.013, Code of Criminal Procedure.
Requires the Co. Treasurer to file a collection information report with OCA by March 1 of
each year.
Also requires a municipality to do the same.
SECTION 2:
Amends Art 103.0032, Code of Criminal Procedure.
Allows the OCA, to award grants to counties or municipalities that develop a collections
program that will reimburse the county or municipality for the cost of developing and
implementing the program. The programs shall implements methods to improve in-house
collections.
SECTION 3:
Amends Art. 103.0031(b) Code of Criminal Procedure.
Allows counties or municipalities that have established in-house collections departments to
authorize the addition of collection fees to each debt that is more than 60 days past due in the
amount of the actual costs to the governing body making the collection, not to exceed the
amount of 15% percent of the past due debt Defines "In-House Collections Dept.
SECTION 4:
Amends 43.03, Cade of Criminal Procedure.
Requires a defendant that is delinquent in the payment of fines, fees & restitution pursuant to
a court order or a payment agreement establish with an in-house collections dept to be
brought before the Court for a show cause hearing and placed on bench probation until such
time as the costs are satisfied. Defines "bench probations
SECTION 5:
Amends 43.09,[a) Code of Criminal Procedure.
Clarifies that felony cases are included as cases where a defendant may be held responsible
for the delinquent payment or failure to pay fines and costs and adds restitution.
SECTION 6:
Amends 43.12, Code of Criminal Procedure.
Also clarifies that felony cases are included in those cases where a capias allows the sheriff to
incarcerate a defendant .
SECTION 7:
Amends 43.13,(b) Code of Criminal Procedure
Same as Section 5 & 6.
SECTION 8:
Amends 507.032 Government Code.
A State Jail Facility shall give notice not later than the 11 `" day prior to release to the Sheriff,
State's Attorney, Judge and Clerk of the Convicting Court that the inmate is being released.
Describes the criteria for the notice.
Upon notice the County of conviction may request the department to release the inmate to
the custody of the Sheriff for return to the convicting county to proceed with the collection
process.
SECTION 9:
Amends 508.115 Government Code.
Includes the Judge and the Clerk of the convicting Court in the list for notification by certified
mail for release by the parole division.
Allows the county to request the release of an inmate to the Sheriff of a convicting county for
return to the county where fines, fees and/or restitution are delinquent to proceed with the
collections process under Sec. 43.09 Code of Criminal Procedure and/or thru an in-house
Collections officer of the county.
~~rrnnn i n n.
SECTION -1-~ 1 O:
Amends 508.156, Government Code
Defines the method of the Parole Panel's method of notification to the convicting county. It
shall be by certified mail, return receipt not later that 11 days prior to the inmate's release.
SECTION ~: 11:
Adds Subsection (c] to the Government Code Art 508.192.
Requires an additional condition of parole or mandatory supervision. The releasee must pay to
the convicting county all unpaid fines, court costs and/or restitution as required by the
counties payment agreement or an agreement establish by an in-house collections
department
SECTION ~: 12
Effective Sept. 1, 2003 unless it receives the 2/3 vote requirement for immediate
effectiveness.
IMPACT RATING: MAJOR, this is a TDCA bill.
IMPACT ON CLERKS: will require us to make timeline decisions with the Court to determine
what actions to be taken up the release of an inmate, depending of the amount of the
delinquency owed the county. Will add a couple of new forms that I will draft upon passage.
Will require us to assure that our records of fines, etc assessed and payments received are
100% accurate.
The proceeding will become apost-conviction or ancillary proceeding of the court, to be a part
of the original cause.
Analysis by: Linda Uecker, copy to: Cecelia Adair, G. Turley & J. Shelley-Rodriguez
78R6360 KEL-F
By: Keel H.B. No. 2191
A BILL TO BE ENTITLED
AN ACT
relating to improving the collection of costs, fees, fines, and restitution in criminal
cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 103, Code of Criminal Procedure, is amended by
adding Article 103.014 to read as follows:
Art. 103.014. COLLECTION INFORMATION REPORTS. (a) Not later than
March 1 of each year, the county treasurer of each county, or the person authorized
to perform the duties of the county treasurer, shall file with the Office of Court
Administration of the Texas Judicial System in a form required by that office a
collection information report reflecting collections data and information for criminal
cases disposed of in the courts of the county during the preceding coun fiscal
year.
bbl Not later than March 1 of each year, the ~overnin~ body of each
municipality shall file with the Office of Court Administration of the Texas Judicial
System in a form required by that office a collection information report reflecting
collections data and information for criminal cases disposed of in municipal courts
during the preceding municipal fiscal year.
SECTION 2. Article 103.0032, Code of Criminal Procedure, is
amended to read as follows:
Art. 103.0032. COLLECTION IMPROVEMENT PROGRAMS [~N~].
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 develop [per] a collections program [ ]. The
grants shall reimburse the county or municipality for the cost of developing and
implementing [~~g] the prop am [ply]. The proms [per] shall consist of
[~rFTroV IQG] methods to improve the In-house collection of court costs, fees, and fines
imposed in criminal cases, including at the option of the governing body of the
county or municipality, the establishment of an in-house collections department to
aid in the collection of delinquent fines, court costs, restitution, taxes, or other
accounts receivable due the county or municipality. 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.
SECTION 3. Article 103.0031(b), Code of Criminal Procedure,
is amended to read as follows:
(b) j~ 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 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.
(2) The ~overnin~ body of a county or municipality
that has established an in-house collections department as
described by Article 103.0032 may authorize the addition of
collection fees to each debt or account receivable that is
delinquent. The collection fee must be:
(A) equal to the actual cost to the governing
body making the collection, not to exceed the amount of 15 percent
of the past due debt; and
(B) assessed by an order of the court that:
(i) places the defendant on bench probation
as described by Article 43.03 and requires the immediate payment of
all amounts due; or
(ii) places the defendant in the custody of
the sheriff to satisfy the judgment according to Article 43.09.
SECTION 4. Article 43.03, Code of Criminal Procedure, is
amended by amending Subsection (a) and by adding Subsection (e) to
read as follows:
(a) If a defendant is sentenced to pay a fine,, [er] costs= or
restitution [bed] and the defendant defaults in payment according
to the terms of the jud~,ment or a payment a.~reement established by
an in-house collections department described by Article 103.0032,
the court= after a hearing under Subsection (d) of this article and
after the filing of a sworn default report from the in-house
collections department, may order the issuance of a capias for the
arrest of the defendant for confinement [^^~d] in jail until
discharged as provided by law. The court [;] may order the
defendant to discharge the fines and costs in any other manner
provided by Article 43.09 of this code, or may waive payment of the
fines and costs as provided by Article 43.091. The default report
~mau~Tst contain any expl~a~nyation concerning the defendant's failure to
ru, [ar c~n~~zrt'fn'c~-CBp~~'"~Y-t'Yt~ud "e~.~7~G~CGizc°, ^»a ^rr~°r is
]'
(e) The court may order the defendant placed on bench
probation for the purpose of enforcing_the payment of fines and
restitution and until the date that the payment of all fines and
restitution is satisfied. The clerk of the court shall notify the
defendant of the order. The court or the in-house collections
department as ordered by the court shall supervise the bench
probation, be ig_nnin~ at the applicable hearing_ In this
subsection, "bench probation" means the period of supervision that
results from the defendant's failure to comply with the court's
judgment or the agreement to pay established by an in-house
collections department described by Article 103.0032.
SECTION 5. Article 43.09(a), Code of Criminal Procedure, is
amended to read as follows:
(a) When a defendant is convicted of a misdemeanor or felony
and a part of the [his] punishment includes [~~ ^°°°°°°~' ^*] a
pecuniary fine, court costs, and restitution [^~~° ^^»r;»°,a :» „
i.~i~ ri Ft°r ^^»~ri^ti^» ^f ^ f°~^»~~ f^r ~:~Hi^~, r, ~»° ~a ~m»^a°~]' if
he is unable to pay the fine= [~] costs, and restitution adjudged
against him, he may for such time as will satisfy the judgment be
put to work in the county jail industries program, in the workhouse,
or on the county farm, or public improvements and maintenance
projects of the county or a political subdivision located in whole
or in part in the county, as provided in the succeeding article; or
if there be no such county jail industries program, workhouse,
farm, or improvements and maintenance projects, he shall be
confined in jail for a sufficient length of time to discharge the
full amount of fine and costs adjudged against him; rating such
confinement at $SO for each day and rating such labor at $50 for
each day; provided, however, that the defendant may pay the
pecuniary fine assessed against him at any time while he is serving
at work in the county jail industries program, in the workhouse, or
on the county farm, or on the public improvements and maintenance
projects of the county or a political subdivision located in whole
or in part in the county, or while he is serving his jail sentence,
and in such instances he shall be entitled to the credit he has
earned under this subsection during the time that he has served and
he shall only be required to pay his balance of the pecuniary fine
assessed against him. A defendant who performs labor under this
article during a day in which he is confined is entitled to both the
credit for confinement and the credit for labor provided by this
article.
SECTION 6. Article 43.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 43.12. CAPIAS FOR CONFINEMENT. A capias issued for the
arrest and commitment of one convicted of a misdemeanor or a felonv,
the penalty of which or any part thereof is a fine, shall recite the
judgment and sentence and command the sheriff to immediately bring
the defendant before the court; and this writ shall be sufficient
to authorize the sheriff to place the defendant in jail until the
defendant appears before the court.
SECTION 7. Article 43.13(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A defendant convicted of a misdemeanor or a felonv and
sentenced to a term of confinement of more than 30 days discharges
the defendant's sentence at any time between the hours of 6 a.m. and
7 p.m. on the day of discharge.
SECTION 8. Section 507.032, Government Code, is amended to
read as follows:
Sec. 507.032. IDENTIFICATION OF DEFENDANTS SUBJECT TO
ARREST WARRANT AND NOTICE OF RELEASE. jal Before a defendant is
released from confinement in a state jail felony facility, the
department shall conduct a criminal history record check to
determine whether the defendant is the subject of an arrest
warrant. In conducting the criminal history record check, the
department shall allow sufficient time for compliance with any
requirements related to notifying the proper authorities of the
defendant's release and, if necessary, processing a demand for
extradition of the defendant.
(b) Not later than the 11th day before the date an inmate is
released from a state jail facility, the department shall give
notice in accordance with Subsection (c) to:
(1) the sheriff of the county in which the inmate was
convicted•
(2) the attorney who represents the state in the
prosecution of felonies in the county in which the inmate was
convicted; and
(3) the district iud~e and the clerk of the court in
the county of conviction.
(c) The notice must state:
(1) the inmate's name;
L 1 the county in which the inmate was convicted• and
(3) the offense for which the inmate was convicted
Id) On a determination by the convictin county that the
inmate has failed to satisfy the terms of the judgment or sentence
including the payment of all fines, costs, and restitution the
county of conviction may request the department to release the
inmate to the custody of the sheriff of the convicting county for
rcturn to the county not earlier than five working days before the
anticipated date of release to satisfy the terms of the judgment or
sentence or to make comparable arrangements with respect to the
iud~ment or sentence at the discretion of the court. The county of
conviction may use the collection process described by Article
43.09, Code of Criminal Procedure. If the convicting county has an
in-house collections department, the court may direct the inmate be
delivered to the collections officer of the county for
determination of the inmate's ability to pay or to establish a
payment agreement.
SECTION 9. Section 508.115, Government Code, is amended by
amending Subsections (a)-(c) and adding Subsections (e) and (f) to
read as follows:
(a) Not Later than the 11th day before the date a parole
panel orders the release on parole of an inmate or not later than
the 11th day after the date the board recommends that the governor
grant executive clemency, the division shall notify the sheriffs,
each chief of police, the prosecuting attorneys, [ems] the district
judges, and the clerk of the convictin court in the county in which
the inmate was convicted and the county to which the inmate is
released that a parole panel is considering release on parole or the
governor is considering clemency.
(b) In a case in which there was a change of venue, the
division shall notify the sheriff, the prosecuting attorney, []
the district judge, and the clerk of the court in the county in
which the prosecution was originated if, not later than the 30th day
after the date the inmate was sentenced, those officials request in
writing that the division give the officials notice under this
section of a release of the inmate.
(c) Not later than the 10th day after the date a parole panel
orders the transfer of an inmate to a halfway house under this
chapter, the division shall give notice in accordance with
Subsection (d) to:
(1) the sheriff of the county in which the inmate was
convicted;
(2) the sheriff of the county in which the halfway
house is lacated and each chief of police in the county; [~)
(3) the attorney who represents the state in the
prasecution of felonies in the county in which the halfway house is
located; and
(4) the district iud~e and clerk of the court in the
county of conviction.
(ej Notice to the district judge and clerk of the court in
the county of conviction must be made by certified mail return
receipt requested.
(fl On a determination by the convicting county that the
inmate has failed to satisfy the terms of the iud~ment or sentence,
including payment of all fines and costs and payment or restitution
required to be paid under Article 42.037(hL Code of Criminal
Procedure, the county of conviction ma~~ request the board to
release the inmate to the custody of the sheriff of the convicting
county for return to the county not earlier than five working days
before the anticipated date of release to satisfy the terms of the
iud~ment or sentence or to make comparable arrangements with
respect to the iud~ment or sentence at the discretion of the court
The county of conviction may use the collection process described
by Article 43.09, Code of Criminal Procedure. If the convicting
county has an in-house collections department the court may direct
the inmate be delivered to the collections officer of the county for
determination of the inmate's ability to pay or to establish a
payment agreement.
SECTION 10. Section 508.156, Government Code, is amended by
adding Subsection (g) to read as follows:
(gj By certified mail return receipt requested, the panel
shall notify the convicting county of the anticipated release of an
inmate not later than the 11th day before the anticipated date of
release.
SECTION 11. Subchapter F, Chapter 508, Government Code, is
amended by adding Section 508.192 to read as follows:
Sec. 508.192. UNPAID COURT COSTS. A parole panel shall
require as a condition of parole or mandatory supervision that a
releasee pay to the county in which the inmate was convicted anv_
unpaid fine, if assessed, and all unpaid court costs. The releasee
may be required to make the payments in one payment or periodic
payments as set by the convicting court or an in-house collections
department established by the convicting county.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
RESOLUTION IN SUPPORT OF HOUSE BILL 2191,
78tH Legislature, State of Texas
WHEREAS, operation and maintenance of the criminal justice system is one of
the most expensive burdens born by the taxpayers of this county and of the State of
Texas, and;
WHEREAS, the costs incurred by the County and by the State are assessed
against a person who is convicted of a felony offense and subsequently incarcerated in
the Texas Department of Criminal Justice Institutional Division (TDCJID), and;
WHEREAS, millions of dollars remain unpaid by felons released from TDCJID
due to the lack of authority and methods available for counties to collect payment from
the felons;
BE IT THEREFORE RESOLVED THAT, we the undersigned County Judge and
County Commissioners in KERR County, Texas on this the 28th day of APRIL,
2003 do hereby pass this resolution in support of House Bill 2191 now being
considered in the 78tH Legislative session, and do hereby encourage all members of the
Texas House of Representatives and Senate to vote in favor of the bill.
~ Judge, Kerr County, Texas
issioner, Pct. 1
issioner, Pct 2
issioner, Pct 3
issioner, Pct 4
y Clerk, Kerr
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