Resolution authorizing collection fees pursuant to Article 103.0031 of the Texas Code of Criminal Procedure and authorizing the Mayor to enter into an agreement with Linebarger Goggan, et. al. to collect outstanding fines, warrants, etc. for Municipal Court.

In 2003, the Texas Legislature passed a law (Senate Bill 782) that allowed municipalities to utilize and assess a fee for the collection of outstanding fines, fees, etc. passed 60 days due.  Many cities utilize this tool to contract or outsource collections.  Before a city purges or dismisses old fines, it is usually good to have attempted every possible way to receive the payment from the individual.  Often the City has invested a great deal of expense in the court proceedings, notices, filings, salaries, warrants, etc. on an individual.  With Linebarger Goggan, the attempt to reduce the expense, get quick payment, and to attempt to reduce the amount an individual has to pay if they can locate an individual who has an outstanding fine before it goes to warrant.

Linebarger Goggan's fees are assessed on top of the city's fines, fees, etc.  The end result is that there is no added expense to the City.  In addition, Linebarger Goggan does not collect any fees; the City still does all of the collections.  This allows the City to calculate and determine the payment to Linebarger Goggan.  Linebarger Goggan only receives payment if the city receives payment.  If an individual is located and the fine or warrant is dismissed, Linebarger Goggan receives nothing.  If the fine or fee is reduced, Linebarger Goggans assessment of 30% is based upon only what is paid.  If payments are made in installments, only as the installments are paid is the assessment levied upon the portion paid.

The City considered other options.  Warrant officers through the PD are limited geographically.  Linebarger Goggan is a national firm and has several locations throughout the state and therefore has developed a comprehensive data base.  Warrant Officers are more costly with payment regardless of the success of collections.  Linebarger Goggan receives payment only on the success they have with the City's ability to collect after contact.  Linebarger is set up to notify the City where an applicant is if there is a need to actually serve a warrant and take an individual into custody.

The City can still have officers serve warrants, but they do not have to dedicate manpower to the search process and data collection necessary to locate individuals with outstanding fines.  The City still has the Omni-Base system of working with the Texas Department of Public Safety to have licenses withheld until fines and fees are paid, but that is only effective at the time of license renewal (if an individual possesses a license or lives in Texas) and can be up to five years before a renewal is necessary.  This system allows the city to act more quickly and possibly can save the City and the individual additional costs.  Linebarger Goggan has  been chosen because of their presence in the Houston area as well as across the State and nation.  Information is available on them in the attachments and they will be present to discuss any details.