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.