Texas Attorney General Opinion: GA-0313 Page: 2 of 8
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The Honorable Jeri Yenne - Page 2
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,"
although a defendant whom the court of original jurisdiction has determined is indigent is not liable
for the collection fee. Id. art. 103.0031 (b), (d); see also id. art. 103.0031 (f) (instructing when an item
subject to collection services and to the additional collection fee is 60 days past due). "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." Id. art.
103.003 1(b). The county may use the 30% collection fee only to compensate the attorney or vendor
(the "collection agent") who earns the fee. See id. art. 103.0031(g).
II. Facts
According to your letter, Brazoria County has contracted with a private attorney under article
103.0031(a) to collect delinquent court costs and fees. See Request Letter, supra note 1, at 1. The
attorney collects a 30% collection fee, as article 103.0031(b) authorizes the attorney to do. See id.;
see also TEX. CODE CRIM. PROC. ANN. art. 103.0031(b) (Vernon Supp. 2004-05).
You further indicate that Brazoria County has contracted with the Texas Department of
Public Safety (the "Department") under Transportation Code section 706.002. See Request Letter,
supra note 1, at 1; see TEX. TRANSP. CODE ANN. 706.002 (Vernon Supp. 2004-05). Section
706.002 authorizes a political subdivision, such as a county, to contract with the Department
to provide information necessary for the [D]epartment to deny
renewal of the driver's license of a person who fails to appear for a
complaint or citation or fails to pay or satisfy a judgment ordering
payment of a fine and cost in the manner ordered by the court in a
matter involving any offense that a court has jurisdiction of under
Chapter 4, Code of Criminal Procedure.
TEX. TRANSP. CODE ANN. 706.002(a) (Vernon Supp. 2004-05); see also id. 706.001(2)-(3), (7)
(defining the terms "department," "driver's license," and "political subdivision"). The term
"complaint" for purposes of chapter 706 is defined to mean "notice of an offense," id. 706.001(1),
"for which maximum possible punishment is by fine only or" for a parking offense, TEX. CODE
CRIM. PROC. ANN. art. 27.14(d) (Vernon Supp. 2004-05). See also id. art. 45.019 (setting out
complaint requisites). A citation is defined for purposes of chapter 706 to include only citations for
traffic-law violations. See TEX. TRANSP. CODE ANN. 706.003(a) (Vernon Supp. 2004-05). Upon
receiving the necessary information from a political subdivision that has contracted with the
Department under section 706.002, the Department may deny renewal of a driver's license to the
person who failed to appear or to pay or satisfy a judgment. See id. 706.004(a). A person who
fails to appear for a complaint or citation must pay a $30 administrative fee "for each complaint or
citation reported to the department under" a chapter 706 contract, payable when (1) the court enters
judgment; (2) the court dismisses the underlying offense; or (3) "bond or other security is posted to
reinstate the charge for which the warrant was issued." Id. 706.006(a). Similarly, a "person who
fails to pay or satisfy ajudgment ordering the payment of a fine and cost..,. shall be required to pay(GA-0313)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0313, text, March 21, 2005; (https://texashistory.unt.edu/ark:/67531/metapth275209/m1/2/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.