18-19 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-19
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ADOPTING THE PROVISIONS OF ARTICLE 103.0031 OF THE TEXAS
CODE OF CRIMINAL PROCEDURE, IMPOSING A COLLECTION FEE OF
THIRTY PERCENT (30%) TO DEFRAY THE COSTS OF COLLECTION OF
FINES, FEES, AND COSTS IMPOSED BY THE PROSPER MUNICIPAL COURT;
AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT ON
BEHALF OF THE TOWN TO ASSIST IN THE COLLECTION OF SUCH FINES,
FEES, AND COSTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas ("Town"), finds it to be in the best interests of the
Town to retain the services of an independent person, firm, or association to assist in the collection
of municipal court fines, fees, and costs and to impose an additional penalty to defray the costs
of such collection; and
WHEREAS, the Town wishes to defray its costs of collection that it incurs under a contract
for collection of delinquent court fines, fees, and costs between the Town and a collection firm as
authorized under the provisions of Article 103.0031 of the Texas Code of Criminal Procedure, as
amended; and
WHEREAS, under said Article, the Town Council is empowered to authorize the addition
of thirty percent (30%) on each debt and account receivable, including fines and fees, and on
each amount in cases in which the accused has failed to appear, when each is more than sixty
(60) days past due and has been referred for collection.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper and they are hereby approved and incorporated into the body of
this Ordinance as if copied in their entirety.
SECTION 2
A collection fee is hereby authorized and imposed as provided by Article 103.0031 of the
Texas Code of Criminal Procedure in the amount of thirty percent (30%) of debts and accounts
receivable, such as unpaid fines, fees, court costs, forfeited bonds, or restitution ordered paid by
the Prosper Municipal Court when such debt or account receivable is more than sixty (60) days
past due and has been referred to an attorney or private vendor for collection.
SECTION 3
A collection fee is hereby authorized and imposed as provided by Article 103.0031 of the
Texas Code of Criminal Procedure in the amount of thirty percent (30%) of amounts in cases in
which the accused has failed to appear:
(1) as promised under Subchapter A, Chapter 543 of the Texas Transportation Code,
or other law;
(2) in compliance with a lawful written notice to appear issued under article 14.06(b)
of the Texas Code of Criminal Procedure or other law;
(3) in compliance with a lawful summons issued under article 15.03(b) of the Texas
Code of Criminal Procedure;
(4) in compliance with a lawful order of a court serving the Town; or
(5) as specified in a citation, summons, or other notice authorized by Section 682.002
of the Texas Transportation Code, that charges the accused with a parking or
stopping offense,
when such amounts are more than sixty (60) days past due and have been referred to an attorney
or private vendor for collection.
SECTION 4
The Town Manager or his designee is authorized to enter into a contract to employ and
utilize the services of a firm to provide specific legal services and enforce the collection of the
debts and accounts receivable on which the foregoing thirty percent (30%) collection cost accrues
in accordance and compliance with Article 103.0031 of the Texas Code of Criminal Procedure,
as amended.
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 6
If any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional
or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this
Ordinance, and the remaining provisions of this Ordinance shall be interpreted as if the offending
section or clause never existed.
SECTION 8
This Ordinance shall become effective from and after its passage.
DULY PASS PPROVED AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PIR1l i►,ON THIS 27TH DAY OF MARCH, 2018.
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* 9 Ray Smit , Mayor
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o yn B t e, Toen Secretary
Ordinance No. 18-19, Page 2
APPROVED AS TO FORM:
Terrence S. Welch, Town Attorney
Ordinance No. 18-19, Page 3