HBA-JRA H.B. 1063 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1063
By: Pickett
Juvenile Justice and Family Issues
6/24/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, a defendant convicted of a graffiti offense
in a county court, county court at law, or district court was required to
pay a $5 graffiti eradication fee as a cost of court. Those fees are
deposited in a county graffiti eradication fund, which is administered or
supervised by the commissioners court.  Revenues in the fund may be used
only to repair damage caused by graffiti offenses, provide educational and
intervention programs designed to prevent graffiti offenses, or to provide
public rewards for identifying or aiding in the apprehension and
prosecution of graffiti offenders.  In some jurisdictions, questions have
arisen as to whether this requirement is applicable to a juvenile offender,
as juveniles are adjudicated rather than convicted.  H.B. 1063 requires a
juvenile court to order a juvenile offender adjudicated to have engaged in
a graffiti offense to pay a graffiti eradication fee and authorizes it to
waive the fee if it finds that the juvenile, or a person responsible for
the juvenile, is unable to pay the fee. 

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 54, Family Code, by adding Section 54.0461, as
follows: 

Sec. 54.0461.  PAYMENT OF GRAFFITI ERADICATION FEES.  (a)  Requires a
juvenile court to order a child, parent, or other person responsible for
the child's support to pay the court a $5 graffiti eradication fee if the
child is adjudicated to have engaged in delinquent conduct under Section
28.08, Penal Code (Graffiti). 

(b)  Requires the court to deposit graffiti eradication fees to the credit
of the county graffiti eradication fund provided for under Article
102.0171, Code of Criminal Procedure (Collection, Allocation, and
Administration). 

(c)  Requires the court, if the child, parent, or other person responsible
for the child's support is unable to pay the fee, to enter a statement of
that finding into the child's case records.  Authorizes the court to waive
the fee only if the court makes the finding under this subsection. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.