78R4366 JD-F
By: Capelo H.B. No. 3158
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to establish an
optional fee for child safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 502, Transportation Code,
is amended by adding Section 502.1735 to read as follows:
Sec. 502.1735. OPTIONAL MUNICIPAL FEE FOR CHILD SAFETY.
(a) In this section "school crossing guard" has the meaning
assigned by Section 541.001.
(b) This section applies only to a municipality that
provides for the use of school crossing guards to facilitate the
safe crossing of streets by children going to or leaving public,
parochial, or private elementary or secondary schools.
(c) The governing body of the municipality by ordinance may
impose an additional fee for child safety. The ordinance must
specify the amount of the fee, which may never exceed $3.
(d) An additional fee imposed under this section is payable
when the owner of a motor vehicle who resides in the municipality
applies for the registration or renewal of the registration of the
vehicle, except that the fee may not be imposed or collected in
connection with the registration or registration renewal of a
vehicle that may be registered under this chapter without payment
of a registration fee.
(e) An additional fee imposed under this section may take
effect only on January 1 of a year. The governing body of a
municipality must enact the ordinance and provide a copy of the
ordinance to the department not later than September 10 of the year
preceding the year in which the fee takes effect.
(f) The governing body of the municipality by ordinance may
increase or decrease the amount of the additional fee imposed under
this section or may repeal the fee. An increase, decrease, or
repeal may take effect only on January 1 of a year. The governing
body of the municipality must provide a copy of the ordinance to the
department not later than September 1 of the year preceding the year
in which the increase, decrease, or repeal takes effect.
(g) The county assessor-collector shall collect the
additional fee when the fees imposed under this chapter are
collected.
(h) The county assessor-collector may deduct for
administrative costs an amount of not more than 10 percent of each
additional fee collected by the assessor-collector. After making
the deductions, the county assessor-collector shall send the
remainder of the fee to the municipality.
(i) A municipality with a population greater than 850,000
shall deposit revenue from a fee imposed under this subsection to
the credit of the child safety trust fund created under Section
106.001, Local Government Code. A municipality with a population
less than 850,000 shall use revenue from a fee imposed under this
section in accordance with Subsection (g), Article 102.014, Code of
Criminal Procedure.
(j) If a motor vehicle may not be registered without payment
of the additional fee, the department shall list the amount of the
additional fee on the registration receipt for the vehicle and on
each renewal notice sent to the owner of the vehicle. The fee must
be described as the "City of ______ Child Safety Fee."
(k) The optional county fee for child safety under Section
502.173 may not be imposed or collected in connection with the
registration or registration renewal of a motor vehicle that may
not be registered without payment of the additional fee under this
section.
(l) The department shall adopt rules and forms to
administer and enforce this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.