By Pickett                                            H.B. No. 1063
         76R770 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the imposition of a graffiti eradication fee on certain
 1-3     persons in juvenile court.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 54, Family Code, is amended by adding
 1-6     Section 54.0461 to read as follows:
 1-7           Sec. 54.0461.  PAYMENT OF GRAFFITI ERADICATION FEES.  (a)  If
 1-8     a child is adjudicated as having engaged in delinquent conduct that
 1-9     violates Section 28.08, Penal Code, the juvenile court shall order
1-10     the child, parent, or other person responsible for the child's
1-11     support to pay to the court a $5 graffiti eradication fee as a cost
1-12     of court.
1-13           (b)  The court shall deposit fees received under this section
1-14     to the credit of the county graffiti eradication fund provided for
1-15     under Article 102.0171, Code of Criminal Procedure.
1-16           (c)  If the court finds that a child, parent, or other person
1-17     responsible for the child's support is unable to pay the graffiti
1-18     eradication fee required under Subsection (a), the court shall
1-19     enter into the child's case records a statement of that finding.
1-20     The court may waive a fee under this section only if the court
1-21     makes the finding under this subsection.
1-22           SECTION 2.  (a)  The change in law made by this Act applies
1-23     only to conduct that occurs on or after the effective date of this
1-24     Act.  Conduct violating a penal law of this state occurs on or
 2-1     after the effective date of this Act if every element of the
 2-2     violation occurs on or after that date.
 2-3           (b)  Conduct that occurs before the effective date of this
 2-4     Act is covered by the law in effect at the time the conduct
 2-5     occurred, and the former law is continued in effect for that
 2-6     purpose.
 2-7           SECTION 3.  This Act takes effect September 1, 1999.
 2-8           SECTION 4.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended.