By Yarbrough                                    H.B. No. 1412

      75R5147 JD-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disposition of the fines collected from defendants

 1-3     arrested for certain offenses by a school district peace officer.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 45, Code of Criminal Procedure, is

 1-6     amended by adding Article 45.57 to read as follows:

 1-7           Art. 45.57.  DISPOSITION OF FINES COLLECTED FROM PERSONS

 1-8     ARRESTED BY SCHOOL DISTRICT PEACE OFFICER.  (a)  This article

 1-9     applies only to the fine imposed on a defendant who:

1-10                 (1)  is convicted of an offense punishable as a Class C

1-11     misdemeanor, other than an offense involving the parking or

1-12     operation of a motor vehicle, occurring:

1-13                       (A)  on the property of a school district; or

1-14                       (B)  at the location of a function, event, or

1-15     activity sponsored by a school district; and

1-16                 (2)  was arrested for the offense by a school district

1-17     peace officer.

1-18           (b)  The officer collecting the fine from the defendant shall

1-19     remit an amount equal to 50 percent of the fine to the school

1-20     district that employed the school district peace officer who

1-21     arrested the defendant.

1-22           (c)  If a school district has established a safety program,

1-23     money received by the district under this article may be used only

1-24     in furtherance of that program.

 2-1           (d)  To the extent of any conflict, this article prevails

 2-2     over any other provision of this chapter.

 2-3           (e)  In this article:

 2-4                 (1)  "School district" means a school district

 2-5     authorized by Section 37.081, Education Code, to commission school

 2-6     district peace officers.

 2-7                 (2)  "School district peace officer" means a peace

 2-8     officer commissioned under Section 37.081, Education Code.

 2-9           SECTION 2.  This Act takes effect September 1, 1997.  The

2-10     change in law made by this Act applies only to the disposition of a

2-11     fine that a judge or a justice of the peace imposes on or after

2-12     September 1, 1997.  The disposition of a fine that a judge or a

2-13     justice of the peace imposed before September 1, 1997, is covered

2-14     by the law in effect when the fine was imposed, and the former law

2-15     is continued in effect for that purpose.

2-16           SECTION 3.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.