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2005-004-ORD AMENDING SECT 18-23 (A) OF THE ORDINANCES TO ADD A NEW PARAGRAPH (4) AUTHORIZING THE ADDITION OF 30% COLLECTION FEE ON UNPAID FINES, FEES, COURT COSTS ASSESSED BY THE MUNICIPAL COURT
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2005-004-ORD AMENDING SECT 18-23 (A) OF THE ORDINANCES TO ADD A NEW PARAGRAPH (4) AUTHORIZING THE ADDITION OF 30% COLLECTION FEE ON UNPAID FINES, FEES, COURT COSTS ASSESSED BY THE MUNICIPAL COURT
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8/18/2006 4:36:19 PM
Creation date
2/4/2005 12:47:41 AM
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CITY CLERK
Doc Name
2005
Doc Type
Ordinance
CITY CLERK - Date
1/10/2005
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<br />provided the city enters into a contract with a private attorney <br />or private vendor pursuant to Article 103.0031 of Chapter 103 <br />of the Texas Code of Criminal Procedure and provided further <br />that said fines, fees, court costs, or other charges are more <br />than sixty (60) days past due and have been referred to the <br />aforesaid attorney or vendor for collection. The collection fee <br />shall not apply to a case that has been dismissed by the court <br />or to any amount that has been satisfied through time-served <br />credit or community service. The collection fee may be <br />applied to any balance remaining after a partial credit for time <br />served or community service if the balance is more than sixty <br />(60) days past due. Unless the contract provides otherwise, <br />the court shall calculate the amount of any collection fee due <br />to the private attorney or private vendor performing the <br />collection services and shall receive all fees, including the <br />collection fee. With respect to cases in which fines, fees, <br />costs, or other charges are assessed and the accused has failed <br />to appear, the amount to which the thirty percent (30%) <br />collection fee applies is the amount to be paid that is <br />communicated to the accused as acceptable to the court under <br />its standard policy for resolution of the case, if the accused <br />voluntarily agrees to pay that amount; or the amount ordered <br />paid by the court after plea or trial. A defendant is not liable <br />for the aforesaid collection fees authorized herein if the court <br />has determined the defendant is indigent, or has insufficient <br />resources or income, or is otherwise to pay all or part of the <br />underlying fine, fee, cost, or other charges. If a person pays <br />an amount that is less than the aggregate total to be collected, <br />the amount paid to the state comptroller, the city, and the <br />private attorney or vendor shall be reduced proportionately. <br />For purposes of this ordinance, an item subject to collection <br />services as provided herein and to the additional collection fee <br />authorized herein is considered more than sixty (60) days past <br />due if it remains unpaid on the sixty-first (61 ") day after the <br />following appropriate date: <br /> <br />1) With respect to fines, fees, court costs, or other <br />charges other than for those imposed in which the <br />accused has failed to appear, the date on which the <br />debt, fine, fee, cost, or other charges must be paid in <br />full as determined by the court; or <br /> <br />2) With respect to fines, fees, court costs, or other <br />charges assessed in which the accused has failed to <br />appear, the date by which the accused promised to <br />
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