BILL ANALYSIS



H.B. 839
By: Denny
March 1, 1995
Committee Report (Unamended)


BACKGROUND

Section 144, Uniform Act Regular Traffic on Highways, regulates the
amount of money that a municipality under 5,000 population may
retain from traffic fines.  Currently, municipalities may retain
revenue from traffic fines, an amount equal to 30% of the city's
total revenue (excluding federal funds and bond proceeds) from the
preceding year.  After a city has retained that amount, any portion
of a traffic fine that exceeds $1, must be remitted to the state.

Municipalities may dispose of violations through deferred
adjudication, as allowed under Article 45.54, Code of Criminal
Procedure.  Money collected as a "special expense" in such cases is
not included in the 30% revenue limitation.

PURPOSE

This bill is intended to prevent cities under 5,000 population from
collecting over 30% of their total revenues from the proceeds of
traffic offenses.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 144(b), Uniform Act Regular Traffic on
           Highways (Article 6701d, Vernon's Texas Civil Statutes),
           by including special expenses from alleged violations
           collected under Article 45.54, Code of Criminal
           Procedure, to the 30% revenue limitation that
           municipalities may retain.

SECTION 2. Emergency Clause.


SUMMARY OF COMMITTEE ACTION

Public notice was posted in accordance to the rules and a public
hearing was held on February 21, 1995.  The committee received
testimony and the bill was left pending.

On February 28, 1995, by a record vote of 7 ayes, 0 nays, 0 present
not voting and 4 absent, the committee voted to report H.B. 839
without amendment to the House with the recommendation 
that it do pass.


Testimony received in favor of the bill:
     Will Morrow, representing himself
     Barbara Robinson, representing herself
     Russell Johnson, representing himself 
     Myrlinda Owen, representing herself 
     Pete Vamvakus, representing himself


Testimony received against the bill:
     Cooper Wiese (Mayor-Calvert), representing himself
     Tim Hammond, representing himself
     John H. Epps, Jr., representing himself
     Mary Candace Culpepper, representing herself
     Alton B. Laws, Jr., representing himself 
     Judge Hulen Clifton, representing himself and the Mayor and
Council Members-           City of Estelline