S.B. No. 261
AN ACT
1-1 relating to certain charges in connection with a fine for violation
1-2 of a motor vehicle law.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 116, Revised Statutes, is amended by adding
1-5 Article 6701d-28 to read as follows:
1-6 Art. 6701d-28. LOCAL GOVERNMENT EXPENSE IN COLLECTING FINES.
1-7 (a) In this article:
1-8 (1) "Delinquent fine" means a fine that has been
1-9 imposed by judgment of a court of competent jurisdiction and that
1-10 has not been paid before the 31st day after the date that the court
1-11 ordered the fine was due and owed to a municipality or county.
1-12 (2) "Motor vehicle misdemeanor" means a violation,
1-13 punishable as a misdemeanor, of a statute or municipal ordinance
1-14 that regulates:
1-15 (A) parking or stopping of a motor vehicle;
1-16 (B) a driver's conduct or condition while
1-17 operating a motor vehicle; or
1-18 (C) the condition of a motor vehicle while it is
1-19 being operated.
1-20 (b) A court of competent jurisdiction may collect or
1-21 authorize a fee related to the collection of delinquent fines for
1-22 motor vehicle misdemeanors from a person who owes a delinquent fine
1-23 for a motor vehicle misdemeanor in an amount equal to the lesser
1-24 of:
2-1 (1) 20 percent of the amount of the fine; or
2-2 (2) $50.
2-3 (c) This article does not apply to delinquent fines for
2-4 parking or stopping a motor vehicle in a municipality which has
2-5 disannexed territory previously annexed for limited purposes and
2-6 which employs the practice of immobilization of motor vehicles with
2-7 a mechanical device unless all the parking meters in the
2-8 municipality accept any coins minted by the United States which
2-9 have a value between five cents and 25 cents.
2-10 (d) This article does not prohibit a court of competent
2-11 jurisdiction, a municipality, or a county from using any other
2-12 lawful means to enforce a judgment.
2-13 SECTION 2. The change in law made by this Act applies only
2-14 to a fine that becomes delinquent on or after the effective date of
2-15 this Act.
2-16 SECTION 3. This Act takes effect September 1, 1995.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.