Amend HB 1553 by striking all below the enacting clause and
substituting the following:
SECTION 1. Article 102.014, Code of Criminal Procedure, is
amended to read as follows:
Art. 102.014. COURT COSTS FOR CHILD SAFETY FUND IN
MUNICIPALITIES. (a) The governing body of a municipality with a
population greater than 850,000 according to the most recent
federal decennial census that has adopted an ordinance, regulation,
or order regulating the stopping, standing, or parking of vehicles
as allowed by Section 542.202, Transportation Code <Subsection (a),
Section 27, Uniform Act Regulating Traffic on Highways (Article
6701d, Vernon's Texas Civil Statutes)>, or Chapter 682,
Transportation Code <Article 6701d 24, Revised Statutes>, shall by
order assess a court cost on each parking violation not less than
$2 and not to exceed $5. The court costs under this subsection
shall be collected in the same manner that other fines in the case
are collected.
(b) The governing body of a municipality with a population
less than 850,000 according to the most recent federal decennial
census that has adopted an ordinance, regulation, or order
regulating the stopping, standing, or parking of vehicles as
allowed by Section 542.202, Transportation Code <Subsection (a),
Section 27, Uniform Act Regulating Traffic on Highways (Article
6701d, Vernon's Texas Civil Statutes)>, or Chapter 682,
Transportation Code <Article 6701d 24, Revised Statutes>, may by
order assess a court cost on each parking violation not to exceed
$5. The additional court cost under this subsection shall be
collected in the same manner that other fines in the case are
collected.
(c) A person convicted of an offense under Subtitle C, Title
7, Transportation Code <the Uniform Act Regulating Traffic on
Highways (Article 6701d, Vernon's Texas Civil Statutes)>, when the
offense occurs within a school crossing zone as defined by Section
541.302 <20L> of that code <Act>, shall pay as court costs $25
<$20> in addition to other taxable court costs. A person convicted
of an offense under Section 545.066, Transportation Code <104,
Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
Texas Civil Statutes)>, shall pay as court costs $25 <$20> in
addition to other taxable court costs. The additional court costs
under this subsection shall be collected in the same manner that
other fines and taxable court costs in the case are collected and
shall be assessed only in a municipality with a population of
950,000 or more according to the most recent federal decennial
census.
(d) A person convicted of an offense under Section 25.093
<4.25>, Education Code, or a child convicted of an offense under
Section 25.094, Education Code, shall pay as taxable court costs
$20 in addition to other taxable court costs. The additional court
costs under this subsection shall be collected in the same manner
that other fines and taxable court costs in the case are collected.
(e) <(d)> In this article, a person is considered to have
been convicted in a case if:
(1) a sentence is imposed;
(2) the defendant receives probation or deferred
adjudication; or
(3) the court defers final disposition of the case.
(f) <(e)> In a municipality with a population greater than
850,000 according to the most recent federal decennial census, the
officer collecting the costs in a municipal court case shall
deposit money collected under this article in the municipal child
safety trust fund established as required by Chapter 106, Local
Government Code.
(g) <(f)> In a municipality with a population less than
850,000 according to the most recent federal decennial census, the
money collected under this article in a municipal court case must
be used for a school crossing guard program if the municipality
operates one. If the municipality does not operate a school
crossing guard program or if the money received from court costs
from municipal court cases exceeds the amount necessary to fund the
school crossing guard program, the municipality may either deposit
the additional money in an interest-bearing account or expend it
for programs designed to enhance child safety, health, or
nutrition, including child abuse prevention and intervention and
drug and alcohol abuse prevention.
(h) <(g)> Money collected under this article in a justice,
county, or district court shall be used to fund school crossing
guard programs in the county where they are collected. If the
county does not operate a school crossing guard program, the county
may:
(1) remit fee revenues to school districts in its
jurisdiction for the purpose of providing school crossing guard
services;
(2) fund programs the county is authorized by law to
provide which are designed to enhance child safety, health, or
nutrition, including child abuse prevention and intervention and
drug and alcohol abuse prevention;
(3) provide funding to the sheriff's department for
school-related activities;
(4) provide funding to the county juvenile probation
department; or
(5) deposit the money in the general fund of the
county.
(i) <(h)> Each collecting officer shall keep separate
records of money collected under this article.
SECTION 2. (a) The change in law made by this Act applies
only to a violation or an offense committed on or after the
effective date of this Act. For purposes of this section, a
violation or an offense is committed before the effective date of
this Act if any element of the violation or offense occurs before
that date.
(b) A violation or an offense committed before the effective
date of this Act is covered by the law in effect when the violation
or offense was committed, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 1997.
SECTION 4. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.