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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 and municipalities. |
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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), (d-1), (f), and (g) 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) Subject to Subsection (b-2), a county may use a fine |
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collected for a violation of a highway law as the county determines |
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appropriate if: |
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(1) the county has a population of less than 5,000; and |
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(2) the commissioners court of the county by |
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resolution elects to spend the revenue in a manner other than as |
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provided by Subsection (a). |
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(b-2) In each fiscal year, a county described by Subsection |
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(b-1) may retain, from fines collected for violations of this title |
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and from special expenses collected under Article 45.051, Code of |
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Criminal Procedure, in cases in which a violation of this title is |
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alleged, an amount equal to 30 percent of the county's revenue for |
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the preceding fiscal year from all sources, other than federal |
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funds and bond proceeds, as shown by an audit performed under |
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Chapter 115, Local Government Code. After a county has retained |
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that amount, the county shall send to the comptroller any portion of |
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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-2). |
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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-2), as applicable, and has not complied with Subsection |
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(d) or (d-1), as applicable, the municipality or county shall pay |
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the costs incurred by the comptroller in conducting the audit. |
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(f) A municipality may include the revenue generated from |
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services provided in the municipality by a utility company |
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operating within the municipality as municipal revenue for a fiscal |
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year under Subsection (b) if: |
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(1) the municipality has a population of more than |
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1,000 but less than 1,200; and |
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(2) part of the municipality's boundary is a river that |
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forms part of the boundary between two counties. |
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(g) This subsection and Subsection (f) expire on September |
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1, 2021. |
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SECTION 2. The change in law made by this Act in amending |
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Section 542.402(e), Transportation Code, and in adding Sections |
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542.402(b-2) and (d-1), Transportation Code, applies only to the |
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fiscal year of a county that begins on or after the effective date |
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of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1517 was passed by the House on May 5, |
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2011, by the following vote: Yeas 142, Nays 4, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1517 on May 26, 2011, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1517 on May 29, 2011, by the following vote: Yeas 140, |
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Nays 3, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1517 was passed by the Senate, with |
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amendments, on May 24, 2011, by the following vote: Yeas 29, Nays |
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1 |
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; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1517 on May 28, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |