HBA-RBT C.S.S.B. 116 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 116 By: Bivins Criminal Jurisprudence 4/12/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, in Texas there are approximately 85 school district police departments. Many of these departments issue Class C citations for offenses that occur on school grounds. The citations are either filed in municipal or justice of the peace courts. The fine proceeds are deposited into the municipality or county general funds. School districts are not receiving any of the fine proceeds to offset the expense incurred by the districts to employ peace officers to work in the schools (or the cost of overtime that may be incurred by the officers appearing in court). While a municipal or county court does incur some cost in collecting a fine, the revenue generated by citations issued by a school district police department is largely a windfall for the city or county. C.S.S.B.116 requires the revenue generated by Class C citations issued by peace officers commissioned by a school district to be equally dispersed between the school district and the municipality or county that collects the fine. 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 Chapter 45, Code of Criminal Procedure, by adding Article 45.57, as follows: Art. 45.57. DISPOSITION OF FINES COLLECTED FROM PERSONS ARRESTED OR ISSUED CITATIONS BY SCHOOL DISTRICT PEACE OFFICER. Provides that this article applies only to the fine imposed on a person who is convicted of a Class C misdemeanor that occurs on the property of a school district and if the person was arrested or was issued a citation for the offense by a school district peace officer. Requires the officer collecting the fine from the person to remit an amount equal to 50 percent of the fine to the school district that employed the school district peace officer who arrested or issued the citation to the person. Provides that this article prevails over Articles 45.06 (Fines and Special Expenses) and 103.004 (Disposition of Collected Money). Defines "school district" and "school district peace officer." SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 (proposed Article 45.57, Code of Criminal Procedure) by deleting the provision specifying that this article applied to a person convicted of an offense occurring at the location of a function, event, or activity sponsored by a school district.