82R10410 VOO-D
By: Lucio S.B. No. 1249
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of fines for traffic violations
collected by certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 542.402, Transportation Code, is amended
by amending Subsections (a), (c), and (e) and adding Subsections
(b-1), (b-2), and (d-1) to read as follows:
(a) Except as provided by Subsection (b-1), a [A]
municipality or county shall use a fine collected for a violation of
a highway law in this title to:
(1) construct and maintain roads, bridges, and
culverts in the municipality or county;
(2) enforce laws regulating the use of highways by
motor vehicles; and
(3) defray the expense of county traffic officers.
(b-1) A county having a population of less than 5,000 may
use a fine collected for a violation of a highway law as the county
determines appropriate.
(b-2) In each fiscal year, a county having a population of
less than 5,000 may retain, from fines collected for violations of
this title and from special expenses collected under Article
45.051, Code of Criminal Procedure, in cases in which a violation of
this title is alleged, an amount equal to 30 percent of the county's
revenue for the preceding fiscal year from all sources, other than
federal funds and bond proceeds, as shown by an audit performed
under Chapter 115, Local Government Code. After a county has
retained that amount, the county shall send to the comptroller any
portion of a fine or a special expense collected that exceeds $1.
(c) The comptroller shall enforce Subsections [Subsection]
(b) and (b-1).
(d-1) In a fiscal year in which a county retains from fines
and special expenses collected for violations of this title an
amount equal to at least 20 percent of the county's revenue for the
preceding fiscal year from all sources other than federal funds and
bond proceeds, not later than the 120th day after the last day of
the county's fiscal year, the county shall send to the comptroller:
(1) a copy of the county's financial statement; and
(2) a report that shows the total amount collected for
that fiscal year from fines and special expenses under Subsection
(b-1).
(e) If an audit is conducted by the comptroller under
Subsection (c) and it is determined that the municipality or county
is retaining more than 20 percent of the amounts under Subsection
(b) or (b-1), as applicable, and has not complied with Subsection
(d) or (d-1), as applicable, the municipality shall pay the costs
incurred by the comptroller in conducting the audit.
SECTION 2. The change in law made by this Act in amending
Sections 542.402(c) and (e) and in adding Sections 542.402(b-1) and
(d-1) applies only to the fiscal year of a county that begins on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2011.