1-1 AN ACT
1-2 relating to court costs assessed for certain offenses to provide
1-3 funding for child safety programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 102.014, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 102.014. COURT COSTS FOR CHILD SAFETY FUND IN
1-8 MUNICIPALITIES. (a) The governing body of a municipality with a
1-9 population greater than 850,000 according to the most recent
1-10 federal decennial census that has adopted an ordinance, regulation,
1-11 or order regulating the stopping, standing, or parking of vehicles
1-12 as allowed by Section 542.202, Transportation Code [Subsection (a),
1-13 Section 27, Uniform Act Regulating Traffic on Highways (Article
1-14 6701d, Vernon's Texas Civil Statutes)], or Chapter 682,
1-15 Transportation Code [Article 6701d 24, Revised Statutes], shall by
1-16 order assess a court cost on each parking violation not less than
1-17 $2 and not to exceed $5. The court costs under this subsection
1-18 shall be collected in the same manner that other fines in the case
1-19 are collected.
1-20 (b) The governing body of a municipality with a population
1-21 less than 850,000 according to the most recent federal decennial
1-22 census that has adopted an ordinance, regulation, or order
1-23 regulating the stopping, standing, or parking of vehicles as
1-24 allowed by Section 542.202, Transportation Code [Subsection (a),
2-1 Section 27, Uniform Act Regulating Traffic on Highways (Article
2-2 6701d, Vernon's Texas Civil Statutes)], or Chapter 682,
2-3 Transportation Code [Article 6701d 24, Revised Statutes], may by
2-4 order assess a court cost on each parking violation not to exceed
2-5 $5. The additional court cost under this subsection shall be
2-6 collected in the same manner that other fines in the case are
2-7 collected.
2-8 (c) A person convicted of an offense under Subtitle C, Title
2-9 7, Transportation Code [the Uniform Act Regulating Traffic on
2-10 Highways (Article 6701d, Vernon's Texas Civil Statutes)], when the
2-11 offense occurs within a school crossing zone as defined by Section
2-12 541.302 [20L] of that code [Act], shall pay as court costs $25
2-13 [$20] in addition to other taxable court costs. A person convicted
2-14 of an offense under Section 545.066, Transportation Code [104,
2-15 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
2-16 Texas Civil Statutes)], shall pay as court costs $25 [$20] in
2-17 addition to other taxable court costs. The additional court costs
2-18 under this subsection shall be collected in the same manner that
2-19 other fines and taxable court costs in the case are collected and
2-20 shall be assessed only in a municipality with a population of
2-21 400,000 or more.
2-22 (d) A person convicted of an offense under Section 25.093
2-23 [4.25], Education Code, or a child convicted of an offense under
2-24 Section 25.094, Education Code, shall pay as taxable court costs
2-25 $20 in addition to other taxable court costs. The additional court
2-26 costs under this subsection shall be collected in the same manner
2-27 that other fines and taxable court costs in the case are collected.
3-1 (e) [(d)] In this article, a person is considered to have
3-2 been convicted in a case if:
3-3 (1) a sentence is imposed;
3-4 (2) the defendant receives probation or deferred
3-5 adjudication; or
3-6 (3) the court defers final disposition of the case.
3-7 (f) [(e)] In a municipality with a population greater than
3-8 850,000 according to the most recent federal decennial census, the
3-9 officer collecting the costs in a municipal court case shall
3-10 deposit money collected under this article in the municipal child
3-11 safety trust fund established as required by Chapter 106, Local
3-12 Government Code.
3-13 (g) [(f)] In a municipality with a population less than
3-14 850,000 according to the most recent federal decennial census, the
3-15 money collected under this article in a municipal court case must
3-16 be used for a school crossing guard program if the municipality
3-17 operates one. If the municipality does not operate a school
3-18 crossing guard program or if the money received from court costs
3-19 from municipal court cases exceeds the amount necessary to fund the
3-20 school crossing guard program, the municipality may either deposit
3-21 the additional money in an interest-bearing account or expend it
3-22 for programs designed to enhance child safety, health, or
3-23 nutrition, including child abuse prevention and intervention and
3-24 drug and alcohol abuse prevention.
3-25 (h) [(g)] Money collected under this article in a justice,
3-26 county, or district court shall be used to fund school crossing
3-27 guard programs in the county where they are collected. If the
4-1 county does not operate a school crossing guard program, the county
4-2 may:
4-3 (1) remit fee revenues to school districts in its
4-4 jurisdiction for the purpose of providing school crossing guard
4-5 services;
4-6 (2) fund programs the county is authorized by law to
4-7 provide which are designed to enhance child safety, health, or
4-8 nutrition, including child abuse prevention and intervention and
4-9 drug and alcohol abuse prevention;
4-10 (3) provide funding to the sheriff's department for
4-11 school-related activities;
4-12 (4) provide funding to the county juvenile probation
4-13 department; or
4-14 (5) deposit the money in the general fund of the
4-15 county.
4-16 (i) [(h)] Each collecting officer shall keep separate
4-17 records of money collected under this article.
4-18 SECTION 2. (a) The change in law made by this Act applies
4-19 only to a violation or an offense committed on or after the
4-20 effective date of this Act. For purposes of this section, a
4-21 violation or an offense is committed before the effective date of
4-22 this Act if any element of the violation or offense occurs before
4-23 that date.
4-24 (b) A violation or an offense committed before the effective
4-25 date of this Act is covered by the law in effect when the violation
4-26 or offense was committed, and the former law is continued in effect
4-27 for that purpose.
5-1 SECTION 3. This Act takes effect September 1, 1997.
5-2 SECTION 4. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1553 was passed by the House on May
8, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1553 on May 28, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1553 was passed by the Senate, with
amendments, on May 24, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor