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 * * * * *