HBA-NLM H.B. 352 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 352
By: Denny
Transportation
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

In 1989, the legislature attempted to regulate certain municipalities' use
of "speed traps" by enacting a law limiting the amount of traffic-fine
revenue retained by a municipality with a population of 5,000 or less to 30
percent of its total revenue from the preceding fiscal year.  The 74th
Legislature sought to prevent cities from circumventing the intent of the
law by correcting technical deficiencies in the law in1995, but the
corrections were not carried into the Transportation Code by the
recodification of the law that same year.  Under the current statute, the
30 percent limit applies only to violations of highway laws in Subtitle C
(Rules of the Road) of Title 7 (Vehicles and Traffic), Transportation Code.
H.B. 352 applies the limitation to revenue collected under all of Title 7. 

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 Section 542.402, Transportation Code,  as follows:

Sec. 542.402.  DISPOSITION OF FINES. Requires a municipality or county to
use a fine collected for a violation of this title (Title 7, Vehicles and
Traffic), rather than a violation of a highway law in this subtitle
(Subtitle C, Rules of the Road), according to the provisions set forth in
this section. Makes conforming and nonsubstantive changes. 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.
        
SECTION 3.  Emergency clause.