1-1     By:  Grusendorf (Senate Sponsor - Barrientos)         H.B. No. 1961
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Education; May 14, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 7, Nays 1;
 1-6     May 14, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1961               By:  Zaffirini
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to fines collected for thwarting the compulsory school
1-11     attendance law.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 25.093(f), Education Code, is amended to
1-14     read as follows:
1-15           (f)  A fine collected under this section shall be deposited
1-16     as follows:
1-17                 (1)  one-half shall be deposited to the credit of the
1-18     operating fund of the school district in which the child attends
1-19     school or of the juvenile justice alternative education program
1-20     that the child has been ordered to attend, as applicable; and
1-21                 (2)  one-half shall be deposited to the credit of:
1-22                       (A)  the general fund of the county, if the
1-23     complaint is filed in the county court or justice court; or
1-24                       (B)  the general fund of the municipality, if the
1-25     complaint is filed in municipal court.
1-26           SECTION 2.  Chapter 45, Code of Criminal Procedure, is
1-27     amended by adding Article 45.57 to read as follows:
1-28           Art. 45.57.  DISPOSITION OF FINES COLLECTED FROM PERSONS
1-29     ARRESTED OR ISSUED CITATIONS BY SCHOOL DISTRICT PEACE OFFICER.
1-30     (a)  This article applies only to the fine imposed on a person who:
1-31                 (1)  is convicted of an offense that is punishable as a
1-32     Class C misdemeanor and that occurs:
1-33                       (A)  on the property of a school district; or
1-34                       (B)  at the location of a function, event, or
1-35     activity sponsored by a school district; and
1-36                 (2)  was arrested or was issued a citation for the
1-37     offense by a school district peace officer.
1-38           (b)  The officer collecting the fine from the person shall
1-39     remit an amount equal to 50 percent of the fine to the school
1-40     district that employed the school district peace officer who
1-41     arrested or issued the citation to the person.
1-42           (c)  To the extent of any conflict, this article prevails
1-43     over Articles 45.06 and 103.004.
1-44           (d)  In this article:
1-45                 (1)  "School district" means a school district
1-46     authorized by Section 37.081, Education Code, to commission school
1-47     district peace officers.
1-48                 (2)  "School district peace officer" means a peace
1-49     officer commissioned under Section 37.081, Education Code.
1-50           SECTION 3.  Section 25.093(f), Education Code, as amended by
1-51     this Act, applies only to a fine collected under Section 25.093,
1-52     Education Code, on or after the effective date of this Act.
1-53           SECTION 4.  This Act takes effect September 1, 1999.
1-54           SECTION 5.  The importance of this legislation and the
1-55     crowded condition of the calendars in both houses create an
1-56     emergency and an imperative public necessity that the
1-57     constitutional rule requiring bills to be read on three several
1-58     days in each house be suspended, and this rule is hereby suspended.
1-59                                  * * * * *