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