AEZ H.B. 1553 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE H.B. 1553 By: Yarbrough 4-17-97 Committee Report (Unamended) BACKGROUND State law provides funding for crossing guard programs to participating school districts throughout the state. Section 102.014 of the State Code of Criminal Procedure sets aside a portion of parking fines and court costs for moving violations for school zone infractions. In addition, under an optional provision in the Local Government Code, Section 106.001, counties have the option of providing a portion of vehicle registration fees for the program. The City of Houston is responsible for the school crossing guard program, as mandated by the Texas Local Government Code, Title XI, Subtitle A, Chapter 343. HISD Voluntarily assumed responsibility for the crossing guard program in 1989 to improve the quality and safety record of the program. Previously, crossing guards were assigned and supervised by the Houston Police Department. The City of Houston, through a city ordinance, and the Harris County Commissioner's Court, are providing the maximum amount of support allowable by state law to the crossing guard program. For 1995-1996, HISD received $1.1 million for the program. However, the cost to HISD was $1.3 million; district funds were used for the remaining $200,000. County vehicle registration fees have accounted for an additional $600,000 for this program to date. However, it is not known how long this optional funding will remain available due to the fact that the fines remain the primary source of income. HISD and other districts in Texas are faced with the choice of reducing the quality of their crossing guard programs or supplementing the program with district funds. PURPOSE HB 1553, as proposed, would raise the cap imposed by state law on a municipality with a population of 850,000 for their portion of traffic fines to $10 in order to support a school district's crossing guard program. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1.Amends Subsections (a), (b), (c), and (e), Article 102.014. Code of Criminal Procedure, as follows: (a) Provides that the governing body of a municipality with a population of 850,000 or more that has adopted an ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles as allowed by Section 542.202, Transportation Code or Chapter 682, Transportation Code, shall by order assess a court cost on each parking violation not to exceed $10. The court costs under this subsection shall be collected in the same manner that other fines in the case are collected. (b) Provides that a governing body of a municipality with a population less than 850,000 that has adopted an ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles as allowed by Section 542.202, Transportation Code, or Chapter 682, Transportation Code, may by order assess a court cost on each parking violation not to exceed $10. The additional court cost under this subsection shall be collected in the same manner that other fines in the case are collected. (c) Provides that a person convicted of an offense under Subtitle C, Title 7, Transportation Code, when the offense occurs within a school crossing zone as defined by Section 541.302, Transportation Code, shall pay as court costs $25 in addition to other taxable court costs. A person convicted of an offense under Section 545.066, Transportation Code, shall pay as court costs $25 in addition to other taxable court costs. A person convicted of an offense under Section 25.093, 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 shall be collected in the same manner that other fines and taxable court costs in the case are collected. (e) Provides that in a municipality with a population of 850,000 or more, the officer collecting the costs in a municipality 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. SECTION 2.The change in law applies to violations or offenses committed on or after the effective date of this act. Violations or offenses committed before the effective date are covered by the law in effect when the violation or offense was committed. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency clause.