By: Smith, D. H.B. No. 2126
73R5962 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of fines collected on conviction of
1-3 offenses for which officers of the Department of Public Safety
1-4 issue the initial citation or make an arrest.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 144, Uniform Act Regulating Traffic on
1-7 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-8 by amending Subsections (a) and (b) and adding Subsection (f) to
1-9 read as follows:
1-10 (a) Except as limited by Subsection (f) of this section,
1-11 fines <Fines> collected for violation of any highway law as set
1-12 forth in this Act shall be used by the municipality or the counties
1-13 in which the same are assessed and to which the same are payable in
1-14 the construction and maintenance of roads, bridges, and culverts
1-15 therein, and for the enforcement of the traffic laws regulating the
1-16 use of the public highways by motor vehicles and motorcycles and to
1-17 help defray the expense of county traffic officers.
1-18 (b) Except as limited by Subsection (f) of this section, in
1-19 <In> each fiscal year, a municipality may retain, from fines
1-20 collected for violation of any highway law as set forth in this
1-21 Act, an amount equal to 30 percent of the municipality's revenue
1-22 for the preceding fiscal year from all sources, other than federal
1-23 funds and bond proceeds, as shown by the audit performed under
1-24 Section 103.001, Local Government Code. After a municipality has
2-1 retained that amount, the municipality shall send to the state
2-2 treasurer any portion of a fine collected that exceeds one dollar
2-3 ($1). The state treasurer shall deposit funds received under this
2-4 section in the state treasury to the credit of the general revenue
2-5 fund.
2-6 (f) The officer collecting fines in municipal court cases
2-7 for violations of this Act shall keep a separate record of the
2-8 fines received for offenses for which the initial citation was
2-9 issued by an officer of the department or a Texas Ranger and shall
2-10 deposit the fines in the municipal treasury. The officer
2-11 collecting fines in justice court and county court cases for
2-12 violations of this Act shall keep a separate record of the fines
2-13 received for offenses for which the initial citation was issued by
2-14 an officer of the department or a Texas Ranger and shall deposit
2-15 the funds in the county treasury. The custodians of the municipal
2-16 and county treasuries shall keep a separate record of the fines
2-17 collected for offenses for which the initial citation was issued by
2-18 an officer of the department or a Texas Ranger and shall, not later
2-19 than the last day of the month following each calendar quarter,
2-20 report and remit to the comptroller of public accounts the fines
2-21 collected for offenses for which the initial citation was issued by
2-22 an officer of the department or a Texas Ranger during the preceding
2-23 quarter in the same manner as fees collected under Subchapter D,
2-24 Chapter 415, Government Code, and its subsequent amendments. All
2-25 fines collected are subject to audit by the comptroller, who is
2-26 authorized to adopt rules to ensure efficient and proper reporting
2-27 and remitting of those amounts. The comptroller shall deposit
3-1 fines received under this subsection in the crime prevention and
3-2 detection account in the general revenue fund.
3-3 SECTION 2. Article 103.004, Code of Criminal Procedure, is
3-4 amended by adding Subsection (c) to read as follows:
3-5 (c) The custodian of the county treasury shall keep a
3-6 separate record of the fines collected for offenses for which the
3-7 initial citation was issued or for which the arrest was made by an
3-8 officer of the Department of Public Safety or by a Texas Ranger and
3-9 shall, not later than the last day of the month following each
3-10 calendar quarter, report and remit to the comptroller of public
3-11 accounts the fines collected for those offenses during the
3-12 preceding quarter in the same manner as fees collected under
3-13 Subchapter D, Chapter 415, Government Code. All fines collected
3-14 are subject to audit by the comptroller, who is authorized to adopt
3-15 rules to ensure efficient and proper reporting and remitting of
3-16 those amounts. The comptroller shall deposit all fines received
3-17 under this subsection in the crime prevention and detection account
3-18 in the general revenue fund.
3-19 SECTION 3. Subchapter A, Chapter 411, Government Code, is
3-20 amended by adding Section 411.0135 to read as follows:
3-21 Sec. 411.0135. CRIME PREVENTION AND DETECTION ACCOUNT. The
3-22 crime prevention and detection account is established in the
3-23 general revenue fund. Money in the account may be appropriated
3-24 only to the department for use in preventing and detecting crime.
3-25 SECTION 4. This Act takes effect September 1, 1993, and
3-26 applies only to fines collected on or after that date.
3-27 SECTION 5. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.