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.
2-16 * * * * *