Title
A resolution authorizing a collection fee as provided by Article 103.0031, Texas Code of Criminal Procedure, in the amount of 30 percent of debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by a Municipal Court serving the City when such debt or account receivable is more than 60 days past due and has been referred to an attorney or private vendor for collection, and amounts in cases in which the accused has failed to appear; and to ratify and adopt herein all prior contracts and actions taken by the City of Mesquite as it relates to collection and enforcement of such debts and accounts receivables.
Body
As was briefed at the May 4, 2026, City Council Pre-meeting, State law allows the governing body of a municipality to enter into a contract with a private attorney or private vendor for collection services of debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds and restitution ordered paid by a municipal court; amounts in cases in which the accused has failed to appear; and false alarm penalties or fees.
For cities that have entered into contracts for such collection services, State law also allows the governing body to authorize the addition of a 30-percent collection fee on the items described above that are more than 60 days past due and have been referred to the attorney for collection.
This added collection fee is in addition to the unpaid fines or fees due and does not apply to a case that has been dismissed by a court, or if a court determines that a defendant is indigent, has insufficient resources or income, or is otherwise unable to pay the underlying fine or court costs.
State law limits the 30-percent collection fee for only compensation of the private attorney or private vendor providing the collection services and may not be used for any other purpose. The private vendor currently providing collection services for the City is the law firm of Linebarger Goggan Blair & Sampson, LLP (“Linebarger”).
The proposed resolution is a housekeeping measure that authorizes the 30-percent collection fee as provided by State law, and also ratifies and adopts all prior contracts and related actions taken by the City as a result of the transition of services from Grimes & Linebarger, LLP to Linebarger.
Recommended/Desired Action
Staff recommends approval of the resolution.
Attachment(s)
Resolution
Drafter
Ted Chinn
Head of Department
Ted Chinn