SRC-ARR S.B. 116 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 116
76R3220 KEL-DBy: Bivins
Education
3/2/1999
As Filed


DIGEST 

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 or at school-related functions. The citations
are either filed in municipal or justice of the peace courts. The fine
proceeds then 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 not incur some
cost in collecting a fine, the revenue generated by citations issued by
school district police departments is largely a windfall for the city or
county. 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. 

PURPOSE

As proposed, S.B. 116 requires the disposition of the fines collected from
persons arrested or issued citations for certain offenses by a school
district peace officer. 

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 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  fines imposed on a person who is convicted of an offense
that is punishable as a Class C misdemeanor  that occurs on school district
property or at the location of a school-sponsored activity, and was
arrested or issued a citation by a school district peace officer.  Requires
the officer collecting the fine to remit an amount equal to 50 percent of
the fine to the school district that employed the peace officer.  Provides
that, to the extent of any conflict, this article prevails over Articles
45.06 and 103.004. Defines "school district" and "school district peace
office." 

SECTION 2.  Effective date: September 1, 1999.  
                       Makes this Act prospective.

SECTION 3. Emergency clause.