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A. Municipal Court Technology Fund:
1. There is hereby created a municipal court technology fund. The Alamo Municipal Court clerk shall deposit the court costs collected under subsection A2 of this section into such fund. Such fund shall only be used to pay for those items otherwise authorized under city budget process and as set out under article 102.0172 of the Code Of Criminal Procedures.
2. A defendant convicted of a misdemeanor offense in municipal court shall pay a four dollar ($4.00) technology fee as an additional cost of court. A person is considered to be convicted if:
a. A sentence is imposed;
b. The person receives community supervision including deferred adjudication; or
c. The court defers final disposition of the case. (Ord. 2000-2-15, 2-15-2000; amd. Ord. 19-09-08, 9-9-2008)
B. Municipal Court Building Security Fund: A defendant convicted of a misdemeanor offense in a municipal court shall pay a three dollar ($3.00) security fee as a cost of court.
1. In this subsection B, a person is considered convicted if:
a. A sentence is imposed on the person;
b. The person receives community supervision, including deferred adjudication; or
c. The court defers final disposition of the person's case.
2. The clerks of the municipal court shall collect the costs and pay them to the municipal court clerk, as appropriate, who discharges the duties commonly delegated to the clerks, as appropriate, for deposit in a fund to be known as the municipal court building security fund, as appropriate. A fund designated by this subsection may be used only to finance items when used for the purpose of providing security services for the Alamo Municipal Court building, as appropriate, including, but not limited to:
a. The purchase or repair of X-ray machines and conveying system;
b. Handled metal detectors;
c. Walk-through metal detectors;
d. Identification cards and systems;
e. Security cameras and surveillance equipment;
f. Bailiffs, or contract security personnel during times when they are providing appropriate security services;
g. Signage;
h. Confiscated weapon inventory and tracking systems;
i. Locks, chains, alarms, or similar security devices;
j. The purchase or repair of bulletproof glass and/or doors;
k. Continuing education on security issues for bailiff and/or warrant officer.
3. The municipal court building security fund shall be administered by or under the direction of the governing body of the municipality. (Ord. 19-09-08, 9-9-2008)
A. This section shall be known as the CITY OF ALAMO MUNICIPAL COURT UNPAID FINE AND COURT COLLECTION ORDINANCE.
B. 1. The city of Alamo shall be authorized to 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:
a. Debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution order paid by:
(1) A court serving the county or a court serving the municipality, as applicable; or
(2) A hearing officer serving the municipality under chapter 682, Transportation Code; and
b. Accounts in cases in which the accused has failed to appear:
(1) As promised under subchapter A, chapter 543, Transportation Code, or other law;
(2) In compliance with a lawful written notice to appear issued under article 14.06(b) or other law;
(3) In compliance with a lawful summons issued under article 15.03(b) or other law;
(4) In compliance with a lawful order of a court serving the municipality; or
(5) 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.
2. The city of Alamo shall be authorized to enter into a contract with a private attorney or private vendor under this section and is authorized to add a collection fee in the amount of thirty percent (30%) on each item described in subsection B1 of this section that is more than sixty (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 sixty (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 public or private vendor performing the collection services and shall receive all fees, including the collection fee. With respect to cases described by subsection B1b of this section, the amount to which the thirty percent (30%) collection fee applies is:
a. 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 the amount; or
b. The amount ordered paid by the court after plea or trial.
3. A defendant is not liable for the collection of fees authorized under subsection B2 of this section 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.
4. If the city of Alamo has entered into a contract under subsection B1 of this section and a person pays an amount that is less than the aggregate total to be collected under subsections B1 and B2 of this section, the allocation to the comptroller, the municipality, and the private attorney or vendor shall be reduced proportionately.
5. An item subject to collection services under subsection B1 of this section and to the additional collection fee authorized by subsection B2 of this section is considered more than sixty (60) days past due under subsection B2 of this section if it remains unpaid on the sixty first day after the following appropriate date:
a. With respect to an item described by subsection B1a of this section, 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; or
b. With respect to an item described by subsection B1b of this section, the date by which the accused promised to appear or was notified, summoned, or ordered to appear.
6. The city of Alamo may not use the additional thirty percent (30%) collection fee authorized by subsection B2 of this section for any purpose other than compensating the private attorney or private vendor who earns the fee.
7. This section does not apply to the collection of commercial bail bonds.
8. The city of Alamo may enter into a contract as described in this section to collect a debt incurred as a result of the commission of a criminal or civil offense committed before the effective date of this section. The collection fee does not apply to a debt collected pursuant to a contract entered into under this section.
9. 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 trial on any offense charged. (Ord. 13-05-08, 5-20-2008)