By Eiland                                             H.B. No. 2795
         77R7260 MTB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the optional fee for child safety imposed by certain
 1-3     counties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 502.173, Transportation Code, is amended
 1-6     by amending Subsections (f), (g), and (h) and by adding Subsection
 1-7     (i) to read as follows:
 1-8           (f)  A county imposing a fee under this section may deduct
 1-9     for administrative costs an amount of not more than 10 percent of
1-10     the revenue it receives from the fee.
1-11           (g)  A [The] county that has a municipality with a population
1-12     of more than 850,000 that is partially or wholly located in the
1-13     county may also deduct from the fee revenue an amount proportional
1-14     to the percentage of county residents who live in unincorporated
1-15     areas of the county and may use this amount only for a purpose
1-16     permitted by Subsection (g), Article 102.014, Code of Criminal
1-17     Procedure. After making the deductions provided for by this
1-18     subsection and Subsection (f), the county shall send the remainder
1-19     of the fee revenue to the municipalities in the county according to
1-20     their population.
1-21           (h)  After making the deduction provided for by Subsection
1-22     (f), a county that does not have a municipality with a population
1-23     of more than 850,000 that is partially or wholly located in the
1-24     county may use revenue from a fee imposed under this section only
 2-1     for a purpose permitted by Subsection (g), Article 102.014, Code of
 2-2     Criminal Procedure.
 2-3           (i) [(g)]  A municipality with a population of [greater than]
 2-4     850,000 or more shall deposit amounts received under Subsection (g)
 2-5     [revenue from a fee imposed under this subsection] to the credit of
 2-6     the child safety trust fund created under Section 106.001, Local
 2-7     Government Code. A municipality with a population less than 850,000
 2-8     shall use amounts received under Subsection (g) [revenue from a fee
 2-9     imposed under this section] in accordance with Subsection (f),
2-10     Article 102.014, Code of Criminal Procedure.
2-11           [(h)  After deducting administrative costs, a county may use
2-12     revenue from a fee imposed under this section only for a purpose
2-13     permitted by Subsection (g), Article 102.014, Code of Criminal
2-14     Procedure.]
2-15           SECTION 2.  This Act takes effect immediately if it receives
2-16     a vote of two-thirds of all the members elected to each house, as
2-17     provided by Section 39, Article III, Texas Constitution.  If this
2-18     Act does not receive the vote necessary for immediate effect, this
2-19     Act takes effect September 1, 2001.