HBA-JRA H.B. 1063 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1063
By: Pickett
Juvenile Justice and Family Issues
2/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a defendant convicted of a graffiti offense in a county court,
county court at law, or district court is required to pay a $5 graffiti
eradication fee as a cost of court.  Those fees are deposited in a county
graffiti eradication fund, which is administered or supervised by the
commissioners court. Revenues in the fund may be used only to repair damage
caused by graffiti offenses, provide educational and intervention programs
designed to prevent graffiti offenses, or to provide public rewards for
identifying or aiding in the apprehension and prosecution of graffiti
offenders.  In some jurisdictions, questions have arisen as to whether this
requirement is applicable to a juvenile offender, as juveniles are
adjudicated rather than convicted.  H.B. 1063 requires a juvenile court to
order a juvenile offender adjudicated to have engaged in a graffiti offense
to pay a graffiti eradication fee and authorizes it to waive the fee if it
finds that the juvenile, or a person responsible for the juvenile, is
unable to pay the fee. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 54, Family Code, by adding Section 54.0461, as
follows: 

Sec. 54.0461.  PAYMENT OF GRAFFITI ERADICATION FEES.  (a)  Requires a
juvenile court to order a child, parent, or other person responsible for
the child's support to pay the court a $5 graffiti eradication fee if the
child is adjudicated to have engaged in delinquent conduct under Section
28.08, Penal Code (Graffiti). 

(b)  Requires the court to deposit graffiti eradication fees to the credit
of the county graffiti eradication fund provided for under Article
102.0171, Code of Criminal Procedure (Collection, Allocation, and
Administration). 

(c)  Requires the court, if the child, parent, or other person responsible
for the child's support is unable to pay the fee, to enter a statement of
that finding into the child's case records.  Authorizes the court to waive
the fee only if the court makes the finding under this subsection. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.