BILL ANALYSIS



H.B. 840
By: Denny
March 1, 1995
Committee Report (Unamended)


BACKGROUND

Section 144, Uniform Act Regular Traffic on Highways, regulates the
amount that municipalities under 5,000 population may retain from
traffic fines.  Municipalities may retain revenue from traffic
fines equal to 30% of total city revenue (excluding federal funds
and bond proceeds), from the prior year.  However, no enforcement
mechanism for noncompliance exists.

PURPOSE

The bill allows the state treasurer to enforce the limitation on
the amount that municipalities may retain from 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, Uniform Act Regular Traffic on
           Highways (Article 6701d, Vernon's Texas Civil Statutes),
           by adding Subsections (f) and (g).

           Sub. (f) requires municipalities retaining amounts under
           Subsection (b) to provide the state treasurer a copy of
           its financial statement prepared for the fiscal year and
           a report indicating the total amount collected by the
           municipality under Subsection (b) of this code.  

           Sub. (g) allows the treasurer to enforce the limitations
           set forth under Subsection (b).

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. 840
without amendment to the House with the recommendation that it do
pass.

Testimony received in favor of the bill:
     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