81R9326 CAE-D
By: Patrick, Dan S.B. No. 1174
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of the fines collected from persons
issued citations for certain offenses by a school district peace
officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.061 to read as follows:
Art. 45.061. DISPOSITION OF FINES COLLECTED FROM PERSONS
ISSUED CITATIONS BY SCHOOL DISTRICT PEACE OFFICER. (a) This
article applies only to the fine imposed on a person who:
(1) is convicted of an offense that is punishable as a
Class C misdemeanor and that occurs on the property of a school
district; and
(2) was issued a citation for the offense by a school
district peace officer.
(b) The officer collecting the fine from the person shall
remit an amount equal to 50 percent of the fine to the school
district that employed the school district peace officer who issued
the citation to the person.
(c) To the extent of any conflict, this article prevails
over Articles 45.203 and 103.004.
(d) In this article:
(1) "School district" means a school district
authorized by Section 37.081, Education Code, to commission school
district peace officers.
(2) "School district peace officer" means a peace
officer commissioned under Section 37.081, Education Code.
SECTION 2. Section 37.102, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) A school district that receives a portion of a fine
imposed under this section as provided by Article 45.061, Code of
Criminal Procedure, shall annually post on an Internet website
maintained by the district the amount of funds received by the
district and the manner in which the funds are spent. A school
district that does not maintain an Internet website must publish
the information required by this subsection in a newspaper in the
district. If a newspaper is not published in the school district,
the district shall provide for the publication of notice in at least
one newspaper in the county in which the district's central
administrative office is located.
SECTION 3. The change in law made by this Act applies only
to the disposition of a fine that a judge or a justice of the peace
imposes on or after September 1, 2009. The disposition of a fine
that a judge or a justice of the peace imposed before September 1,
2009, is covered by the law in effect when the fine was imposed, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.