1-1  By:  Williamson, et al. (Senate Sponsor - Sibley)      H.B. No. 809
    1-2        (In the Senate - Received from the House May 4, 1995;
    1-3  May 5, 1995, read first time and referred to Committee on Criminal
    1-4  Justice; May 23, 1995, reported favorably by the following vote:
    1-5  Yeas 4, Nays 0; May 23, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the purposes for which funds received by local crime
    1-9  stoppers programs may be used, including the installation of signs
   1-10  on the right-of-way of public highways.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 414.010, Government Code, is amended to
   1-13  read as follows:
   1-14        Sec. 414.010.  PAYMENT FROM DEFENDANT ON COMMUNITY
   1-15  SUPERVISION.  A local crime stoppers program certified by the
   1-16  council to receive money in the form of payments from defendants
   1-17  placed on community supervision <that receives  a payment from a
   1-18  probationer> under <Section 6(h),> Article 42.12, Code of Criminal
   1-19  Procedure, may use not more than 10 percent of the money annually
   1-20  received to pay costs incurred in administering the program and
   1-21  must use the remainder of the money only to reward persons who
   1-22  report <may not use the payment for any purpose other than the
   1-23  payment of a reward to a person who reports> information concerning
   1-24  criminal activity.  Not later than January 15 of each year, a local
   1-25  crime stoppers program that receives or expends money under this
   1-26  section shall file a detailed report with the council <Texas Adult
   1-27  Probation Commission that accounts for all money received and
   1-28  expended under this section during the preceding year>.
   1-29        SECTION 2.  Section 414.011(d), Government Code, is amended
   1-30  to read as follows:
   1-31        (d)  A local crime stoppers program certified by the council
   1-32  to receive repayments under this section may use not more than 10
   1-33  percent of that money annually received to pay costs incurred in
   1-34  administering the program and must use the remainder of that money
   1-35  only to reward <shall use that money for the sole purpose of
   1-36  rewards to> persons who report information on criminal activity
   1-37  <only if> that <information> leads to a defendant being indicted
   1-38  for or charged by information with a felony offense.
   1-39        SECTION 3.  Chapter 414, Government Code, is amended by
   1-40  adding Section 414.0055 to read as follows:
   1-41        Sec. 414.0055.  INSTALLATION OF CRIME STOPPERS SIGNS ON
   1-42  PUBLIC RIGHT-OF-WAY.  (a)  The council or a local crime stoppers
   1-43  program may install signs that inform the public of the functions
   1-44  of the council, promote crime stoppers programs, or relate to the
   1-45  public purposes of this chapter in the right-of-way of any public
   1-46  highway in this state.
   1-47        (b)  Before installing the sign, the council or the local
   1-48  crime stoppers program must notify the Texas Department of
   1-49  Transportation or the political subdivision of the state that has
   1-50  jurisdiction over the highway, as appropriate, of the proposed
   1-51  installation.
   1-52        (c)  If the department or the political subdivision
   1-53  determines that installation of the sign at the proposed location
   1-54  would create a significant safety hazard to users of the highway or
   1-55  other persons, or would substantially interfere with highway
   1-56  maintenance operations, the department or political subdivision may
   1-57  require that the sign be installed at an alternate site along the
   1-58  highway designated by the department or political subdivision that
   1-59  is as near as practicable to the proposed site.  The alternate site
   1-60  must maximize the visibility of the message on the sign.
   1-61        (d)  The council or the local crime stoppers program shall
   1-62  prepare the site for and install the sign in the manner required by
   1-63  written guidelines adopted by the Texas Department of
   1-64  Transportation or the political subdivision with jurisdiction over
   1-65  the highway, unless the department or the political subdivision, as
   1-66  appropriate, determines that the public interest would best be
   1-67  served if the department or the political subdivision prepared the
   1-68  site and installed the sign.  If that determination is made, the
    2-1  site preparation and sign installation shall be without cost to the
    2-2  council or the local crime stoppers program.
    2-3        (e)  To the extent of any conflict, this section supersedes:
    2-4              (1)  any other state statute regulating the
    2-5  installation of signs in the right-of-way of the public highway;
    2-6  and
    2-7              (2)  the authority of the Texas Department of
    2-8  Transportation or the political subdivision to regulate the
    2-9  installation of signs in the right-of-way of a public highway.
   2-10        SECTION 4.  This Act takes effect September 1, 1995.
   2-11        SECTION 5.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.
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