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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of the fines collected from persons |
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issued citations for certain offenses by a school district peace |
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officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.061 to read as follows: |
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Art. 45.061. DISPOSITION OF FINES COLLECTED FROM PERSONS |
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ISSUED CITATIONS BY SCHOOL DISTRICT PEACE OFFICER. (a) This |
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article applies only to the fine imposed on a person who: |
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(1) is convicted of an offense that is punishable as a |
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Class C misdemeanor and that occurs on the property of a school |
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district; and |
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(2) was issued a citation for the offense by a school |
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district peace officer. |
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(b) The officer collecting the fine from the person shall |
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remit an amount equal to 50 percent of the fine to the school |
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district that employed the school district peace officer who issued |
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the citation to the person. |
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(c) To the extent of any conflict, this article prevails |
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over Articles 45.203 and 103.004. |
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(d) In this article: |
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(1) "School district" means a school district |
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authorized by Section 37.081, Education Code, to commission school |
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district peace officers. |
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(2) "School district peace officer" means a peace |
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officer commissioned under Section 37.081, Education Code. |
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SECTION 2. Section 37.102, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A school district that receives a portion of a fine |
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imposed under this section as provided by Article 45.061, Code of |
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Criminal Procedure, shall annually post on an Internet website |
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maintained by the district the amount of funds received by the |
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district and the manner in which the funds are spent. A school |
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district that does not maintain an Internet website must publish |
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the information required by this subsection in a newspaper in the |
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district. If a newspaper is not published in the school district, |
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the district shall provide for the publication of notice in at least |
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one newspaper in the county in which the district's central |
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administrative office is located. |
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SECTION 3. The change in law made by this Act applies only |
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to the disposition of a fine that a judge or a justice of the peace |
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imposes on or after September 1, 2009. The disposition of a fine |
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that a judge or a justice of the peace imposed before September 1, |
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2009, is covered by the law in effect when the fine was imposed, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |