Resolution - Delinquent Court Fine Collection Fee

Staff Report & Agenda Item Details

Ted Chinn, Director of Finance, presented Item Nos. 7, 8, and 9. Mr. Chinn stated that as Council 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. Mr. Chinn stated that 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 law firm of Linebarger Goggan Blair & Sampson, LLP (Linebarger) has been providing collection services for delinquent municipal court fines and fees since July 2021, when the firm merged with the Law Office of Gary A. Grimes, P.C. to form Grimes & Linebarger, LLP. Prior to July 2021, Gary Grimes had represented the City for delinquent court collections since October 2001. The recent retirement of Mr. Grimes and subsequent dissolution of the law firm Grimes & Linebarger, LLP necessitates an update to the delinquent municipal court collections agreement with Linebarger. Mr. Chinn stated that the proposed resolutions 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; approves a new Agreement for Court Fines and Fees Professional Collection Services under existing terms and conditions and authorizes the City Manager to execute the Agreement; and approves an Agreement for Professional Collection Services for Unpaid Closed Utility Accounts with Linebarger and authorizes the City Manager to finalize and execute the Agreement. State law requires written notice whenever a political subdivision enters into a contingent fee contract for legal services, and such notice has been provided and posted in accordance with State law. Ms. Rodriguez-Ross moved to approve Item Nos. 7, 8, and 9 as presented. Motion was seconded by Mr. Green and approved unanimously. Resolution No. 15-2026, RESOLUTION AUTHORIZING A COLLECTION FEE IN THE AMOUNT OF 30% 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, AND AMOUNTS IN CASES IN WHICH THE ACCUSED HAS FAILED TO APPEAR: 1) AS PROMISED UNDER SUBCHAPTER A, CHAPTER 543, TRANSPORTATION CODE, OR OTHER LAW; 2) IN COMPLIANCE WITH A LAWFUL WRITTEN NOTICE TO APPEAR ISSUED UNDER ARTICLE 14.06(b), TEXAS CODE OF CRIMINAL PROCEDURE, OR OTHER LAW; 3) IN COMPLIANCE WITH A LAWFUL SUMMONS ISSUED UNDER ARTICLE15.03(b), TEXAS CODE OF CRIMINAL PROCEDURE; 4) IN COMPLIANCE WITH A LAWFUL ORDER OF A COURT SERVING THE CITY; 5) AS SPECIFIED IN A CITATION, SUMMONS, OR OTHER NOTICE AUTHORIZED BY SECTION 682.002, TRANSPORTATION CODE, THAT CHARGES THE ACCUSED WITH A PARKING OR STOPPING OFFENSE, AND 6) 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. TO BE IMP

This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 2.5/10). Under the Bastiat Liberty Watchdog Index, measures that increase tax rates or fee schedules, issue new debt or Certificates of Obligation, expand regulatory/zoning restrictions on private land use, or authorize unbudgeted spending expansions reduce an official's Freedom Score when voted YES (and reward dissenting NO votes).