HBA-RBT S.B. 116 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 116
By: Bivins
Criminal Jurisprudence
4/1/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, in Texas there are approximately 85 school district police
departments. Many of these departments issue Class C citations for offenses
that occur on school grounds or at school-related functions. The citations
are either filed in municipal or justice of the peace courts. The fine
proceeds are deposited into the municipality or county general funds.
School districts are not receiving any of the fine proceeds to offset the
expense incurred by the districts to employ peace officers to work in the
schools (or the cost of overtime that may be incurred by the officers
appearing in court). While a municipal or county court does incur some cost
in collecting a fine, the revenue generated by citations issued by a school
district police department is largely a windfall for the city or county.
S.B.116 requires the revenue generated by Class C citations issued by peace
officers commissioned by a school district to be equally dispersed between
the school district and the municipality or county that collects the fine. 

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 45, Code of Criminal Procedure, by adding
Article 45.57, as follows: 

Art.  45.57.  DISPOSITION OF FINES COLLECTED FROM PERSONS ARRESTED OR
ISSUED CITATIONS BY SCHOOL DISTRICT PEACE OFFICER.  Provides that this
article applies only to the fine imposed on a person who is convicted of a
Class C misdemeanor that occurs on the property of a school district or at
the location of a function, event, or activity sponsored by a school
district and was arrested or was issued a citation for the offense by a
school district peace officer.  Requires the officer collecting the fine
from the person to remit an amount equal to 50 percent of the fine to the
school district that employed the school district peace officer who
arrested or issued the citation to the person. Provides that this article
prevails over Articles 45.06 (Fines and Special Expenses) and 103.004
(Disposition of Collected Money).  Defines "school district" and "school
district peace officer." 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.