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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of fines for traffic violations |
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collected by certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 542.402, Transportation Code, is amended |
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by amending Subsections (a), (c), and (e) and adding Subsections |
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(b-1), (b-2), and (d-1) to read as follows: |
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(a) Except as provided by Subsection (b-1), a [A] |
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municipality or county shall use a fine collected for a violation of |
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a highway law in this title to: |
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(1) construct and maintain roads, bridges, and |
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culverts in the municipality or county; |
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(2) enforce laws regulating the use of highways by |
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motor vehicles; and |
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(3) defray the expense of county traffic officers. |
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(b-1) A county having a population of less than 5,000 may |
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use a fine collected for a violation of a highway law as the county |
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determines appropriate. |
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(b-2) In each fiscal year, a county having a population of |
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less than 5,000 may retain, from fines collected for violations of |
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this title and from special expenses collected under Article |
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45.051, Code of Criminal Procedure, in cases in which a violation of |
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this title is alleged, an amount equal to 30 percent of the county's |
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revenue for the preceding fiscal year from all sources, other than |
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federal funds and bond proceeds, as shown by an audit performed |
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under Chapter 115, Local Government Code. After a county has |
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retained that amount, the county shall send to the comptroller any |
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portion of a fine or a special expense collected that exceeds $1. |
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(c) The comptroller shall enforce Subsections [Subsection] |
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(b) and (b-1). |
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(d-1) In a fiscal year in which a county retains from fines |
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and special expenses collected for violations of this title an |
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amount equal to at least 20 percent of the county's revenue for the |
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preceding fiscal year from all sources other than federal funds and |
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bond proceeds, not later than the 120th day after the last day of |
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the county's fiscal year, the county shall send to the comptroller: |
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(1) a copy of the county's financial statement; and |
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(2) a report that shows the total amount collected for |
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that fiscal year from fines and special expenses under Subsection |
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(b-1). |
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(e) If an audit is conducted by the comptroller under |
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Subsection (c) and it is determined that the municipality or county |
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is retaining more than 20 percent of the amounts under Subsection |
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(b) or (b-1), as applicable, and has not complied with Subsection |
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(d) or (d-1), as applicable, the municipality shall pay the costs |
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incurred by the comptroller in conducting the audit. |
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SECTION 2. The change in law made by this Act in amending |
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Sections 542.402(c) and (e) and in adding Sections 542.402(b-1) and |
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(d-1) applies only to the fiscal year of a county that begins on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |