By Bivins S.B. No. 116
76R3220 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of the fines collected from persons
1-3 arrested or issued citations for certain offenses by a school
1-4 district peace officer.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 45, Code of Criminal Procedure, is
1-7 amended by adding Article 45.57 to read as follows:
1-8 Art. 45.57. DISPOSITION OF FINES COLLECTED FROM PERSONS
1-9 ARRESTED OR ISSUED CITATIONS BY SCHOOL DISTRICT PEACE OFFICER. (a)
1-10 This article applies only to the fine imposed on a person who:
1-11 (1) is convicted of an offense that is punishable as a
1-12 Class C misdemeanor and that occurs:
1-13 (A) on the property of a school district; or
1-14 (B) at the location of a function, event, or
1-15 activity sponsored by a school district; and
1-16 (2) was arrested or was issued a citation for the
1-17 offense by a school district peace officer.
1-18 (b) The officer collecting the fine from the person shall
1-19 remit an amount equal to 50 percent of the fine to the school
1-20 district that employed the school district peace officer who
1-21 arrested or issued the citation to the person.
1-22 (c) To the extent of any conflict, this article prevails
1-23 over Articles 45.06 and 103.004.
1-24 (d) In this article:
2-1 (1) "School district" means a school district
2-2 authorized by Section 37.081, Education Code, to commission school
2-3 district peace officers.
2-4 (2) "School district peace officer" means a peace
2-5 officer commissioned under Section 37.081, Education Code.
2-6 SECTION 2. This Act takes effect September 1, 1999. The
2-7 change in law made by this Act applies only to the disposition of a
2-8 fine that a judge or a justice of the peace imposes on or after
2-9 September 1, 1999. The disposition of a fine that a judge or a
2-10 justice of the peace imposed before September 1, 1999, is covered
2-11 by the law in effect when the fine was imposed, and the former law
2-12 is continued in effect for that purpose.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.