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|  | AN ACT | 
|  | relating to the use of certain court costs in a criminal case for | 
|  | municipal programs enhancing public safety and security. | 
|  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
|  | SECTION 1.  Subsection (g), Article 102.014, Code of | 
|  | Criminal Procedure, is amended to read as follows: | 
|  | (g)  In a municipality with a population less than 850,000 | 
|  | according to the most recent federal decennial census, the money | 
|  | collected under this article in a municipal court case must be used | 
|  | for a school crossing guard program if the municipality operates | 
|  | one.  If the municipality does not operate a school crossing guard | 
|  | program or if the money received from court costs from municipal | 
|  | court cases exceeds the amount necessary to fund the school | 
|  | crossing guard program, the municipality may: | 
|  | (1) [ either]  deposit the additional money in an | 
|  | interest-bearing account; | 
|  | (2) [ or]  expend the additional money [it] for programs | 
|  | designed to enhance child safety, health, or nutrition, including | 
|  | child abuse prevention and intervention and drug and alcohol abuse | 
|  | prevention; or | 
|  | (3)  expend the additional money for programs designed | 
|  | to enhance public safety and security. | 
|  | SECTION 2.  Subsection (g), Section 502.173, Transportation | 
|  | Code, is amended to read as follows: | 
|  | (g)  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 Article 102.014(g) [ Subsection (f),  | 
|  | Article 102.014], Code of Criminal Procedure. | 
|  | SECTION 3.  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, 2009. | 
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|  | ______________________________ | ______________________________ | 
|  | President of the Senate | Speaker of the House | 
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|  | I hereby certify that S.B. No. 446 passed the Senate on | 
|  | March 19, 2009, by the following vote:  Yeas 31, Nays 0. | 
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|  | ______________________________ | 
|  | Secretary of the Senate | 
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|  | I hereby certify that S.B. No. 446 passed the House on | 
|  | May 15, 2009, by the following vote:  Yeas 144, Nays 0, one | 
|  | present not voting. | 
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|  | ______________________________ | 
|  | Chief Clerk of the House | 
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|  | Approved: | 
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|  | ______________________________ | 
|  | Date | 
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|  | ______________________________ | 
|  | Governor |