§ 1-16. Collection fee.

(a)

Fee imposed . A collection fee in the amount of 30 percent shall be imposed on each of the following items if an item is more than 60 days past due and has been referred to a private attorney or a private vendor for collection services:

(1)

Debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by the municipal court;

(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 the municipal court; or

(3)

False alarm penalties or fees imposed by the city pursuant to chapter 30, article II of this Code.

(b)

Application of fee. 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. 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)

Exceptions . The collection fee does not apply to:

(1)

A case that has been dismissed by the municipal court or to any amount that has been satisfied through time-served credit or community service;

(2)

A defendant that the municipal court has determined is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs; or

(3)

Criminal or civil offense that was committed on or before June 18, 2003.

(d)

Past due. An item subject to the additional collection fee authorized by subsection (a) is considered more than 60 days past due 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 municipal court;

(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 the service fee is due, which is 30 days after receipt of false alarm notification.

(Ord. No. 10,098, § 1, 7-14-05)