By Yarbrough                                    H.B. No. 1553

      75R5181 JMC-D                           

                                A BILL TO BE ENTITLED

 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 by amending Subsections (a), (b), (c), and (e) to read as

 1-7     follows:

 1-8           (a)  The governing body of a municipality with a population

 1-9     of [greater than] 850,000 or more 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 $10 [$5]. The court costs under this

1-18     subsection shall be collected in the same manner that other fines

1-19     in the case 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     $10 [$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, Transportation Code [20L of that Act], shall pay as court

2-13     costs $25 [$20] in addition to other taxable court costs.  A person

2-14     convicted of an offense under Section 545.066, Transportation Code

2-15     [104, Uniform Act Regulating Traffic on Highways (Article 6701d,

2-16     Vernon's Texas Civil Statutes)], shall pay as court costs $25 [$20]

2-17     in addition to other taxable court costs.  A person convicted of an

2-18     offense under Section 25.093 [4.25], Education Code, or a child

2-19     convicted of an offense under Section 25.094, Education Code, shall

2-20     pay as taxable court costs $20 in addition to other taxable court

2-21     costs.  The additional court costs under this subsection shall be

2-22     collected in the same manner that other fines and taxable court

2-23     costs in the case are collected.

2-24           (e)  In a municipality with a population of [greater than]

2-25     850,000 or more according to the most recent federal decennial

2-26     census, the officer collecting the costs in a municipal court case

2-27     shall deposit money collected under this article in the municipal

 3-1     child safety trust fund established as required by Chapter 106,

 3-2     Local Government Code.

 3-3           SECTION 2.   (a)  The change in law made by this Act applies

 3-4     only to a violation or an offense committed on or after the

 3-5     effective date of this Act.  For purposes of this section, a

 3-6     violation or an offense is committed before the effective date of

 3-7     this Act if any element of the violation or offense occurs before

 3-8     that date.

 3-9           (b)  A violation or an offense committed before the effective

3-10     date of this Act is covered by the law in effect when the violation

3-11     or offense was committed, and the former law is continued in effect

3-12     for that purpose.

3-13           SECTION 3.   This Act takes effect September 1, 1997.

3-14           SECTION 4.   The importance of this legislation and the

3-15     crowded condition of the calendars in both houses create an

3-16     emergency and an imperative public necessity that the

3-17     constitutional rule requiring bills to be read on three several

3-18     days in each house be suspended, and this rule is hereby suspended.