| 1 | 1 | | 81R8836 SJM-F |
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| 2 | 2 | | By: Corte H.B. No. 1421 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of certain court costs in a criminal case for |
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| 8 | 8 | | municipal programs enhancing public safety and security. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 102.014(g), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (g) In a municipality with a population less than 850,000 |
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| 13 | 13 | | according to the most recent federal decennial census, the money |
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| 14 | 14 | | collected under this article in a municipal court case must be used |
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| 15 | 15 | | for a school crossing guard program if the municipality operates |
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| 16 | 16 | | one. If the municipality does not operate a school crossing guard |
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| 17 | 17 | | program or if the money received from court costs from municipal |
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| 18 | 18 | | court cases exceeds the amount necessary to fund the school |
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| 19 | 19 | | crossing guard program, the municipality may: |
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| 20 | 20 | | (1) [either] deposit the additional money in an |
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| 21 | 21 | | interest-bearing account; |
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| 22 | 22 | | (2) [or] expend the additional money [it] for programs |
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| 23 | 23 | | designed to enhance child safety, health, or nutrition, including |
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| 24 | 24 | | child abuse prevention and intervention and drug and alcohol abuse |
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| 25 | 25 | | prevention; or |
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| 26 | 26 | | (3) expend the additional money for programs designed |
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| 27 | 27 | | to enhance public safety and security. |
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| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
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| 29 | 29 | | to a violation or an offense committed on or after the effective |
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| 30 | 30 | | date of this Act. A violation or an offense committed before the |
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| 31 | 31 | | effective date of this Act is covered by the law in effect when the |
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| 32 | 32 | | violation or offense was committed, and the former law is continued |
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| 33 | 33 | | in effect for that purpose. For purposes of this section, a |
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| 34 | 34 | | violation or an offense was committed before the effective date of |
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| 35 | 35 | | this Act if any element of the violation or offense occurred before |
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| 36 | 36 | | that date. |
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| 37 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2009. |
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