Part 4. OFFICE OF THE SECRETARY OF STATE
Subchapter D. VOTING SYSTEM CERTIFICATION
The Office of the Secretary of State, Elections Division, proposes an amendment to §81.61, concerning condition for approval of electronic voting systems. Pursuant to the passage of House Bill 1549, 78th Legislature, 2003, use of a punch card or Mark Sense, and mechanical voting system in an election is now prohibited.
Ann McGeehan, Director of Elections, has determined that for the first five-year period the amended rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amended rule.
Ms. McGeehan has determined also that for each year of the first five years the amendment is in effect, the public benefit anticipated as a result of enforcing the change is conformity to existing law. There will be no effect on individuals or small businesses.
Comments on the proposal may be submitted to the Office of the Secretary of State, Ann McGeehan, Director of Elections, P.O. Box 12060, Austin, Texas 78711.
The amendment is proposed under the Texas Election Code, §31.003, which provides the Office of the Secretary of State with the authority to obtain and maintain uniformity in the application, interpretation, and operation of provisions under the Texas Election Code and other election laws.
Statutory Authority: Election Code, Chapter 31, Subchapter A, §31.003.
Election Code §122.001 is affected by this amendment.
§81.61.Condition for Approval of Electronic Voting Systems.
For any voting machine, voting device, voting tabulation device
and any software used for each, including the programs and procedures
for vote tabulation and testing, or any modification to any of the
above, to be certified for use in Texas elections, the system shall
have been certified, if applicable, by means of qualification testing
by a
Nationally-accredited voting system test laboratory
[
Nationally Recognized Test Laboratory (NRTL)
] and shall meet
or exceed the minimum requirements set forth in the
2002 Voting
System Standards, or in any successor
[
Performance and
Test Standards for Punch Card, Mark Sense, and Direct Recording Electronic
Voting Systems, or in any successor voluntary standard document
]
developed and promulgated by the [
Federal
] Election
Assistance
Commission. This section applies only to systems and modifications
to previously certified systems submitted after the effective date
of this rule.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 21, 2007.
TRD-200703775
Ann McGeehan
Director of Elections
Office of the Secretary of State
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 463-5650
Chapter 175. COLLECTION IMPROVEMENT PROGRAM
The Office of Court Administration of the Texas Judicial System (OCA) proposes a new Chapter 175, §§175.1-175.7, pertaining to its collection improvement program. The new rules would manifest the agency's compliance with legislative mandates to (1) cooperate with the Comptroller of Public Accounts (Comptroller) to develop a methodology for determining the collection rate of the designated local governments, (2) develop and publish on its website the program requirements, (3) develop and publish local government report requirements, and (4) cooperate with the Comptroller to develop audit standards and to provide a full explanation of the methodology, requirements and standards to the stakeholders.
Glenna Bowman, Chief Financial Officer of OCA, has determined that for each year of the first five years that the rules will be in effect, the fiscal impact will be positive for both state and local governments.
Revenue and cost estimates were based on data provided by OCA and the Comptroller. This data includes information about projected collection program revenues, as well as the associated costs to staff this function at both agencies. Based on implementation of the program by all mandated entities, a total revenue gain to the state of approximately $33.7 million per year is projected. This revenue would be distributed among 17 state funds, including General Revenue ($2.1 million); Crime Victims Compensation ($9.3 million), General Revenue--Dedicated Funds, various ($21.2 million), and Other Funds, various ($1.1 million).
State costs for the program include four full-time equivalents (FTEs) plus operating costs at OCA, and eight FTEs at the CPA, totaling $659,868 per year.
Implementing a collection program based on OCA's criteria could help local court jurisdictions improve the collection rate of court costs, fees, and fines at state and local levels. Typically, programs participating in OCA's court collection program have increased their collection rates by 16 percentage points.
Local governments would incur costs to implement the program, such as program staff and related operational expenses, which would vary depending on the size of the jurisdiction and the caseload volume. OCA anticipates that local governments could recoup program costs within the first year and experience a positive revenue gain, provided they are in compliance with program requirements.
Generally, counties and municipalities may retain 10 percent of certain state court fee amounts collected for the state as a service fee. Increasing the collection of state court fees increases the amount of the service fee that a county or municipality may retain. By implementing a collection program, these local jurisdictions could also improve the collection of local court costs, fees, and fines that would contribute to a positive revenue gain.
Ms. Bowman has determined that for each year of the first five years that the rules will be in effect, the public benefits would include improved compliance with court orders regarding payment of court costs, fees, and fines, as well as the collection of additional revenues owed to state and local government. The probable economic cost to persons required to comply with the rules will vary by jurisdiction; however, experience with the program shows that the additional revenue generated by the program will exceed the cost of implementation within the first year. There will be no economic effect on small businesses or on large businesses.
The agency requests comments on the proposed rules from any interested person; comments may be submitted to Margaret Bennett, General Counsel, Office of Court Administration, P.O. Box 12066, Austin, Texas 78711-2066 no later than 30 days from the date that these proposed rules are published in the Texas Register.
Subchapter A. GENERAL COLLECTION IMPROVEMENT PROGRAM PROVISIONS
Statutory authority for the proposed rules and the statutory provision affected by the proposed rules is Article 103.0033 of the Code of Criminal Procedure.
No other statutes, articles, or codes are affected by the proposed new rules.
§175.1.Definitions, Source and Purpose.
(a) "Designated counties" are those with a population of 50,000 or greater. "Designated municipalities" are those with a population of 100,000 or greater.
(b) Article 103.0033 of the Code of Criminal Procedure requires designated counties and municipalities to comply with the program developed and implemented by the Office of Court Administration of the Texas Judicial System (OCA) to improve the collection of court costs, fees, and fines imposed in criminal cases. Designated counties' programs must include district, county, and justice courts.
(c) The purpose of this chapter is to receive public comment on and to publish the results of OCA's compliance with its legislative mandates to:
(1) cooperate with the Comptroller to develop a methodology for determining the collection rate of the designated local governments;
(2) develop and publish on its website the program requirements;
(3) develop and publish local government report requirements; and
(4) cooperate with the Comptroller to develop audit standards.
§175.2.Methodology for Determining Collection Rate.
OCA and the Comptroller developed the following methodology for determining the collection rate of designated local governments. The Comptroller calculates the pre-implementation collection rate of a program by selecting a random sample of cases for a 12-month period beginning 16 months before implementation. The Comptroller tracks each case from the sample for 120 days from the date judgment is imposed to capture all information on payments, credits, and waivers. After the program is implemented, the Comptroller calculates a post-implementation collection rate using the same sampling methodology for a 12-month period beginning after implementation. The pre-program and post-program collection rates are then compared to measure collection program improvement. This provides a "snapshot" of a 120-day period and may not reflect the total collection effort over the life of the collection effort; thus, the collection rate may actually be higher than the amount reported. This methodology is used for cost-effectiveness purposes. It treats everyone consistently and establishes a baseline for comparing to the collection rate after implementation of the model program.
§175.3.Collection Improvement Program Requirements.
(a) General Scope. OCA's Collection Improvement Program applies to criminal cases in which the defendant does not pay all court costs, fees, and fines at the time they are assessed and payment is requested. A payment plan may be established by program staff in communication with the defendant or by the judge in a hearing.
(b) Program Requirements. OCA has identified 11 critical components of its collection improvement program. Five of those critical components relate to the way the program itself should be implemented, staffed, and operated. The other six critical components relate to the way the program staff communicates with the defendants and documents those communications. In accordance with Article 103.0033(j), the Comptroller will periodically audit counties and municipalities to confirm compliance with the critical components of OCA's Collection Improvement Program; the audit standards are more fully described in §175.5 of this chapter.
(c) Critical Components for Program Operations.
(1) Full Participation. Because each municipality consists of only one court, that court must participate in the program to achieve full participation. Each county has multiple district, county, and justice courts. For a county to achieve full participation, either all courts in the county except one court, or ninety percent (90%) of all courts in the county, whichever is greater, must participate in the program. Partial percentages are rounded in favor of the county.
(2) Dedicated Program Staff. Each program must designate at least one full-time equivalent employee (FTE) who has a written job description containing an essential job function of collection activities. The priority collection job function may be concentrated in one individual employee or distributed among two or more employees. The collection function need not require 40 hours per week of FTE time, but must be a priority.
(3) Specified Payment Terms. Payment plans shall be designed to have the highest payment amounts in the shortest period of time that the defendant can successfully meet, considering the amount owed, the defendant's ability to pay, and the defendant's obligations for payment of any other court-mandated fees, such as rehabilitation fees, probation fees, and parole fees. Payment terms should generally be shorter than the term of community supervision/deferred adjudication or parole. If a defendant is imprisoned or confined in a correctional facility, payment terms should begin after release.
(4) Monitoring of Payment Plan Compliance. Each program must assign an employee to monitor compliance with payment agreements, and the assignment must be documented in the employee's job description. The employee must document the ongoing monitoring by maintaining either an updated payment due list or a manual or electronic tickler system.
(5) Proper Reporting. The program shall report its collection activity data to OCA at least annually in a format approved by OCA, as described in §175.4 of this chapter.
(d) Critical Components for Defendant Communications.
(1) Application for Extended Payment. If defendants are unable to pay in full on the day judgment is imposed, program staff must document the defendants' applications for extended payment within 30 days of the judgment imposed date. For proper documentation, applications must contain the date of the application; defendant's home address; defendant's home or primary contact telephone number; the employer's or source of support's name, address and telephone number; financial institutions and account balances; creditors, debt balances and payment amounts; at least two personal references; and stated income. The application must either be signed by the defendant, or program staff must document that the defendant acknowledged consent in a telephone call.
(2) Verification of Applications. Within five days of receiving the application, program staff must verify both the home or contact phone number and the employer or source of support. Verification may be conducted by telephone or by use of a verification service and must be documented by identifying the person conducting it and the date.
(3) Interviews of Applicants. Within five days of receipt of an application, program staff must conduct an in-person or telephone interview with the defendant to review the application and determine an appropriate payment plan. Alternatively, within 30 days of a judge setting a payment plan, program staff must conduct an in-person or telephone interview with the defendant to review the payment plan and terms of compliance. Interviews must be documented by indicating the name of the interviewer and date of the interview.
(4) Telephone Contact for Past-Due Payments. Within 30 days of a missed payment, a phone call must be made to a defendant who has not contacted the program. Phone calls may be made by an automated system, but an electronic report or manual documentation of the telephone contact must be available on request.
(5) Mail Contact for Past-Due Payments. Within 30 days of a missed payment, a written delinquency notice must be sent to a defendant who has not contacted the program. Written notice may be sent by an automated system, but an electronic report or manual documentation of the mail contact must be available on request.
(6) Pre-Warrant Contact. Within 30 days of the written delinquency notice, if no response was received, another phone call or written notice must be sent to the defendant before issuance of a warrant is requested. A pre-warrant phone call or written notice may be made or sent by an automated system, but an electronic report or manual documentation of the pre-warrant contact must be available on request.
§175.4.Content and Form of Local Government Reports.
(a) General Scope. Article 103.0033(i) requires that each program submit a written report to OCA and the Comptroller at least annually that includes updated information regarding the program, with the content and form to be determined by OCA and the Comptroller.
(b) Reporting Format and Account Setup. In cooperation with the Comptroller, OCA has implemented a web-based Online Collection Reporting System for the program participants to enter information into the system which is accessible by both agencies. For good cause shown by a program, OCA may grant a temporary waiver from timely online reporting. Program participants shall provide OCA with information for the online reporting system to enable OCA to establish the program reporting system account. The information must include the program name, program start date, start-up costs, the type of collection and case management software programs used by the program, the entity to which the program reports (e.g., district clerk's office, sheriff, etc.) the name and title of the person who manages the daily operations of the program, the mail and e-mail addresses and phone and fax numbers of the program, the courts serviced by the program, and contact information for the program staff with access to the system so user identifications and passwords can be assigned.
(c) Content and Timing of Reports.
(1) Annual Reports. By the 20th day of the month following the anniversary of program implementation, each program shall report the following information:
(A) Number of full-time and part-time collection program employees
(B) Total program budget
(C) Salary budget for the program
(D) Dollar amount of fringe benefits for the program
(E) Areas other than court collections for which the program provides services
(F) A compilation of 12 months of the monthly reporting information described in paragraph (3) of this subsection, if not reported each month as requested.
(2) Additional information may be requested in the annual reports on a voluntary basis.
(3) Monthly Reports. By the 20th day of the following month, each program is requested to provide the following information regarding the previous month's program activities:
(A) Number of cases in which court costs, fees, and fines were assessed.
(B) For court costs and fees: the dollar amount assessed and collected; the dollar amount of credit given for jail time served; the dollar amount of credit given for community service performed; and, although costs and fees should not be waived, the dollar amount waived if this occurs.
(C) For fines: the dollar amount assessed, collected, or waived; the dollar amount of credit given for jail time served; and the dollar amount of credit given for community service performed.
(D) Aging information consisting of the time span from date of assessment through the date of payment, in 30-day increments up to 120 days, and for more than 120 days.
§175.5.Audit Standards.
OCA has cooperated with the Comptroller to develop the program audit standards described in this section.
(1) Audit Sample. In auditing a program, the auditor shall use random selection to generate an adequate sample of cases to be audited, and shall use the same sampling methodology as is used for programs with similar automation capabilities.
(2) Compliance Standards. In auditing a program, the auditor will review compliance with the critical components described in §175.3(c) and (d) of this chapter.
(A) A program must be in full compliance with each program requirement described in §175.3(c)(1), (2), (4), and (5) of this chapter, and must meet the following standards for compliance with §175.3(c)(3) of this chapter: In municipal and justice court programs, at least 80% of the payment plans must provide for full payment within 120 days of the date judgment is imposed. In county and district court cases in which defendants are placed on community supervision, at least 80% of the payment plans must provide for full payment at least 60 days before the expiration of the term of community supervision. In county and district court cases not involving community supervision, at least 65% of the payment plans must provide for full payment within 180 days of the date judgment is imposed or the defendant is released from confinement. Payment plans imposed by a judge are not subject to these requirements.
(B) For the defendant communication requirements described in §175.3(d) of this chapter, the auditor shall review a sample of cases at each stage of collection. To be in substantial compliance with a critical component of §175.3(d) of this chapter, the required documentation must exist for at least 80% of the cases at that stage of collection. To be in partial compliance with a critical component of §175.3(d) of this chapter, the required documentation must exist for at least 50% of the cases at that stage of collection. In order to designate a program as complying with OCA requirements, the Comptroller shall find a program in substantial compliance with at least five of the six critical components of §175.3(d) of this chapter. If a program is in substantial compliance with only five of these components, then it must be in at least partial compliance with the remaining critical component of §175.3(d) of this chapter.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 16, 2007.
TRD-200703661
Margaret Bennett
General Counsel, State Office of Court Administration
Texas Judicial Council
Proposed date of adoption: October 1, 2007
For further information, please call: (512) 936-6994
Statutory authority for the proposed rules and the statutory provision affected by the proposed rules is Article 103.0033 of the Code of Criminal Procedure.
No other statutes, articles, or codes are affected by the proposed new rules.
§175.6.Implementation Schedule.
In consultation with the Comptroller, OCA has developed and published on its website a prioritized implementation schedule for programs.
§175.7.Waivers.
Article 103.0033 provides that OCA may determine that it is not cost-effective to implement a program in a county or municipality and grant a waiver to the requesting entity.
(1) Criteria for granting waivers. OCA will grant a blanket waiver from implementation when the requesting entity demonstrates:
(A) that the estimated costs of implementing the program are greater than the estimated additional revenue that would be generated by implementing the program; and
(B) that a compelling reason exists for submitting the waiver request after the entity's published implementation deadline. The requesting entity and OCA program staff each shall submit documentation supporting their cost and revenue projections to the administrative director for determination.
(2) Temporary waivers. OCA will consider a request to grant a temporary waiver for good cause that could not have been reasonably anticipated.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 16, 2007.
TRD-200703662
Margaret Bennett
General Counsel, State Office of Court Administration
Texas Judicial Council
Proposed date of adoption: October 1, 2007
For further information, please call: (512) 936-6994