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