By Williamson, et al. H.B. No. 809
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the purposes for which funds received by local crime
1-3 stoppers programs may be used, including the installation of signs
1-4 on the right-of-way of public highways.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 414.010, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 414.010. PAYMENT FROM DEFENDANT ON COMMUNITY
1-9 SUPERVISION. A local crime stoppers program certified by the
1-10 council to receive money in the form of payments from defendants
1-11 placed on community supervision <that receives a payment from a
1-12 probationer> under <Section 6(h),> Article 42.12, Code of Criminal
1-13 Procedure, may use not more than 10 percent of the money annually
1-14 received to pay costs incurred in administering the program and
1-15 must use the remainder of the money only to reward persons who
1-16 report <may not use the payment for any purpose other than the
1-17 payment of a reward to a person who reports> information concerning
1-18 criminal activity. Not later than January 15 of each year, a local
1-19 crime stoppers program that receives or expends money under this
1-20 section shall file a detailed report with the council <Texas Adult
1-21 Probation Commission that accounts for all money received and
1-22 expended under this section during the preceding year>.
1-23 SECTION 2. Section 414.011(d), Government Code, is amended
1-24 to read as follows:
2-1 (d) A local crime stoppers program certified by the council
2-2 to receive repayments under this section may use not more than 10
2-3 percent of that money annually received to pay costs incurred in
2-4 administering the program and must use the remainder of that money
2-5 only to reward <shall use that money for the sole purpose of
2-6 rewards to> persons who report information on criminal activity
2-7 <only if> that <information> leads to a defendant being indicted
2-8 for or charged by information with a felony offense.
2-9 SECTION 3. Chapter 414, Government Code, is amended by
2-10 adding Section 414.0055 to read as follows:
2-11 Sec. 414.0055. INSTALLATION OF CRIME STOPPERS SIGNS ON
2-12 PUBLIC RIGHT-OF-WAY. (a) The council or a local crime stoppers
2-13 program may install signs that inform the public of the functions
2-14 of the council, promote crime stoppers programs, or relate to the
2-15 public purposes of this chapter in the right-of-way of any public
2-16 highway in this state.
2-17 (b) Before installing the sign, the council or the local
2-18 crime stoppers program must notify the Texas Department of
2-19 Transportation or the political subdivision of the state that has
2-20 jurisdiction over the highway, as appropriate, of the proposed
2-21 installation.
2-22 (c) If the department or the political subdivision
2-23 determines that installation of the sign at the proposed location
2-24 would create a significant safety hazard to users of the highway or
2-25 other persons, or would substantially interfere with highway
2-26 maintenance operations, the department or political subdivision may
2-27 require that the sign be installed at an alternate site along the
3-1 highway designated by the department or political subdivision that
3-2 is as near as practicable to the proposed site. The alternate site
3-3 must maximize the visibility of the message on the sign.
3-4 (d) The council or the local crime stoppers program shall
3-5 prepare the site for and install the sign in the manner required by
3-6 written guidelines adopted by the Texas Department of
3-7 Transportation or the political subdivision with jurisdiction over
3-8 the highway, unless the department or the political subdivision, as
3-9 appropriate, determines that the public interest would best be
3-10 served if the department or the political subdivision prepared the
3-11 site and installed the sign. If that determination is made, the
3-12 site preparation and sign installation shall be without cost to the
3-13 council or the local crime stoppers program.
3-14 (e) To the extent of any conflict, this section supersedes:
3-15 (1) any other state statute regulating the
3-16 installation of signs in the right-of-way of the public highway;
3-17 and
3-18 (2) the authority of the Texas Department of
3-19 Transportation or the political subdivision to regulate the
3-20 installation of signs in the right-of-way of a public highway.
3-21 SECTION 4. This Act takes effect September 1, 1995.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.