HBA-NLM H.B. 352 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 352 By: Denny Transportation 6/24/1999 Enrolled BACKGROUND AND PURPOSE In 1989, the legislature attempted to regulate certain municipalities' use of "speed traps" by enacting a law limiting the amount of traffic-fine revenue retained by a municipality with a population of 5,000 or less to 30 percent of its total revenue from the preceding fiscal year. The 74th Legislature sought to prevent cities from circumventing the intent of the law by correcting technical deficiencies in the law in1995, but the corrections were not carried into the Transportation Code by the recodification of the law that same year. Under the statute prior to the 76th Legislature, the 30 percent limit applies only to violations of highway laws in Subtitle C (Rules of the Road) of Title 7 (Vehicles and Traffic), Transportation Code. H.B. 352 applies the limitation to revenue collected under all of Title 7. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 542.402, Transportation Code, as follows: Sec. 542.402. DISPOSITION OF FINES. Requires a municipality or county to use a fine collected for a violation of a highway law in this title (Title 7, Vehicles and Traffic), rather than a violation of a highway law in this subtitle (Subtitle C, Rules of the Road), according to the provisions set forth in this section. Makes conforming and nonsubstantive changes. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.