1-1     By:  Yarbrough (Senate Sponsor - Whitmire)            H.B. No. 1553

 1-2           (In the Senate - Received from the House May 9, 1997;

 1-3     May 12, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 18, 1997, reported favorably by the following

 1-5     vote:  Yeas 5, Nays 1; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to court costs assessed for certain offenses to provide

 1-9     funding for child safety programs.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.   Article 102.014, Code of Criminal Procedure, is

1-12     amended by amending Subsections (a), (b), (c), and (e) to read as

1-13     follows:

1-14           (a)  The governing body of a municipality with a population

1-15     of 950,000 or more [greater than 850,000] according to the most

1-16     recent federal decennial census that has adopted an ordinance,

1-17     regulation, or order regulating the stopping, standing, or parking

1-18     of vehicles as allowed by Section 542.202, Transportation Code

1-19     [Subsection (a), Section 27, Uniform Act Regulating Traffic on

1-20     Highways (Article 6701d, Vernon's Texas Civil Statutes)], or

1-21     Chapter 682, Transportation Code [Article 6701d-24, Revised

1-22     Statutes], shall by order assess a court cost on each parking

1-23     violation [not less than $2 and] not to exceed $10 [$5]. The court

1-24     costs under this subsection shall be collected in the same manner

1-25     that other fines in the case are collected.

1-26           (b)  The governing body of a municipality with a population

1-27     less than 850,000 according to the most recent federal decennial

1-28     census that has adopted an ordinance, regulation, or order

1-29     regulating the stopping, standing, or parking of vehicles as

1-30     allowed by Section 542.202, Transportation Code [Subsection (a),

1-31     Section 27, Uniform Act Regulating Traffic on Highways (Article

1-32     6701d, Vernon's Texas Civil Statutes)], or Chapter 682,

1-33     Transportation Code [Article 6701d-24, Revised Statutes], may by

1-34     order assess a court cost on each parking violation not to exceed

1-35     $10 [$5]. The additional court cost under this subsection shall be

1-36     collected in the same manner that other fines in the case are

1-37     collected.

1-38           (c)  A person convicted of an offense under Subtitle C, Title

1-39     7, Transportation Code [the Uniform Act Regulating Traffic on

1-40     Highways (Article 6701d, Vernon's Texas Civil Statutes)], when the

1-41     offense occurs within a school crossing zone as defined by Section

1-42     541.302, Transportation Code [20L of that Act], shall pay as court

1-43     costs $25 [$20] in addition to other taxable court costs.  A person

1-44     convicted of an offense under Section 545.066, Transportation Code

1-45     [104, Uniform Act Regulating Traffic on Highways (Article 6701d,

1-46     Vernon's Texas Civil Statutes)], shall pay as court costs $25 [$20]

1-47     in addition to other taxable court costs.  A person convicted of an

1-48     offense under Section 25.093 [4.25], Education Code, or a child

1-49     convicted of an offense under Section 25.094, Education Code, shall

1-50     pay as taxable court costs $20 in addition to other taxable court

1-51     costs.  The additional court costs under this subsection shall be

1-52     collected in the same manner that other fines and taxable court

1-53     costs in the case are collected.

1-54           (e)  In a municipality with a population of [greater than]

1-55     850,000 or more according to the most recent federal decennial

1-56     census, the officer collecting the costs in a municipal court case

1-57     shall deposit money collected under this article in the municipal

1-58     child safety trust fund established as required by Chapter 106,

1-59     Local Government Code.

1-60           SECTION 2.   (a)  The change in law made by this Act applies

1-61     only to a violation or an offense committed on or after the

1-62     effective date of this Act.  For purposes of this section, a

1-63     violation or an offense is committed before the effective date of

1-64     this Act if any element of the violation or offense occurs before

 2-1     that date.

 2-2           (b)  A violation or an offense committed before the effective

 2-3     date of this Act is covered by the law in effect when the violation

 2-4     or offense was committed, and the former law is continued in effect

 2-5     for that purpose.

 2-6           SECTION 3.   This Act takes effect September 1, 1997.

 2-7           SECTION 4.   The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended.

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