SRC-JJJ H.B. 1063 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1063
76R770 JMC-DBy: Pickett (Shapleigh)
Criminal Justice
4/19/1999
Engrossed

DIGEST 

Currently, a person convicted of a graffiti offense must pay a $5 "graffiti
eradication fee."  The collected fees are used for repairing the damage
caused by graffiti offenses, providing anti-graffiti educational and
intervention programs, and providing public rewards for identifying or
aiding in the apprehension and prosecution of graffiti offenders.  However,
juveniles are typically not convicted, but rather adjudicated.  In such
cases, the law is not clear whether the defendant may be charged the fee
that is imposed on convicted persons.  H.B. 1063 specifically imposes a $5
graffiti eradication fee as a cost of court on an adjudicated child, unless
waived by the court, to be deposited in the county graffiti eradication
fund. 
  
PURPOSE

As proposed, H.B. 1063 imposes a graffiti eradication fee on certain
persons in juvenile court. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 54, Family Code, by adding Section 54.0461, as
follows: 

Sec. 54.0461.  PAYMENT OF GRAFFITI  ERADICATION FEES.  Requires a juvenile
court to order a child adjudicated under Section 28.08, Penal Code, or the
parent, or other person responsible for the child's support, to pay to the
court a $5 graffiti eradication fee as a cost of court.  Requires the court
to deposit fees received under this section to the credit of the county
graffiti eradication fund provided for under Article 102.0171, Code of
Criminal Procedure.  Requires the court to enter into the child's case
records a statement if the responsible person cannot pay the fee.
Authorizes the court to waive the fee under this section only if the court
makes a finding under this subsection. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.