82R1783 NAJ-D
 
  By: Gutierrez H.B. No. 1792
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the deposit of revenue from certain traffic penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 133.004, Local Government Code, as
  amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
  (S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
  is reenacted and amended to read as follows:
         Sec. 133.004.  CIVIL FEES. This chapter applies to the
  following civil fees:
               (1)  the consolidated fee on filing in district court
  imposed under Section 133.151;
               (2)  the filing fee in district court for basic civil
  legal services for indigents imposed under Section 133.152;
               (3)  the filing fee in courts other than district court
  for basic civil legal services for indigents imposed under Section
  133.153;
               (4)  the filing fees for the judicial fund imposed in
  certain statutory county courts under Section 51.702, Government
  Code;
               (5)  the filing fees for the judicial fund imposed in
  certain county courts under Section 51.703, Government Code;
               (6)  the filing fees for the judicial fund imposed in
  statutory probate courts under Section 51.704, Government Code;
               (7)  fees collected under Section 118.015;
               (8)  marriage license fees for the family trust fund
  collected under Section 118.018;
               (9)  marriage license or declaration of informal
  marriage fees for the child abuse and neglect prevention trust fund
  account collected under Section 118.022;
               (10)  the filing fee for the judicial fund imposed in
  district court, statutory county court, and county court under
  Section 133.154; [and]
               (11)  the portion of the civil or administrative
  penalty described by Section 542.406(c) [542.406(c)(1)],
  Transportation Code, imposed by a local authority to enforce
  compliance with the instructions of a traffic-control signal; and
               (12) [(11)]  the portion of the civil or administrative
  penalty described by Section 707.008(a) [707.008(a)(1)],
  Transportation Code, imposed by a local authority to enforce
  compliance with the instructions of a traffic-control signal.
         SECTION 2.  Sections 542.406(c) and (e), Transportation
  Code, are amended to read as follows:
         (c)  Not later than the 60th day after the end of a local
  authority's fiscal year, after deducting amounts the local
  authority is authorized by Subsection (d) to retain, the local
  authority shall[:
               [(1)] send 100 [50] percent of the revenue derived from
  civil or administrative penalties collected by the local authority
  under this section to the comptroller for deposit to the credit of
  the regional trauma account established under Section 782.002,
  Health and Safety Code[; and
               [(2) deposit the remainder of the revenue in a special
  account in the local authority's treasury that may be used only to
  fund traffic safety programs, including pedestrian safety
  programs, public safety programs, intersection improvements, and
  traffic enforcement].
         (e)  Chapter 133, Local Government Code, applies to fee
  revenue described by Subsection (c) [(c)(1)].
         SECTION 3.  Sections 707.008(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  Not later than the 60th day after the end of a local
  authority's fiscal year, after deducting amounts the local
  authority is authorized by Subsection (b) to retain, the local
  authority shall[:
               [(1)] send 100 [50] percent of the revenue derived from
  civil or administrative penalties collected by the local authority
  under this section to the comptroller for deposit to the credit of
  the regional trauma account established under Section 782.002,
  Health and Safety Code[; and
               [(2) deposit the remainder of the revenue in a special
  account in the local authority's treasury that may be used only to
  fund traffic safety programs, including pedestrian safety
  programs, public safety programs, intersection improvements, and
  traffic enforcement].
         (c)  Chapter 133, Local Government Code, applies to fee
  revenue described by Subsection (a) [(a)(1)].
         SECTION 4.  The changes in law made by this Act to Sections
  542.406 and 707.008, Transportation Code, apply only to a penalty
  collected on or after the effective date of this Act. A penalty
  collected before the effective date of this Act is governed by the
  law in effect on the date the penalty was collected, and the former
  law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2011.