ORDER NO.30957 IMPOSITION OF OPTIONAL LOCAL FEES Came to be heard this the 25th day of August, 2008, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by a vote of 4-0-0 to: Keep the imposition of the Optional Local Fees, as provided by Chapter 502 of the Texas Transportation Code, as they have been previously, with the $10.00 per vehicle add-on. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE CC"~"' MADE BY: Judge Tinley MEETING DATE: August 25, 2008 OFFICE: County Judge TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on imposition of Optional Local Fees in addition to registration fee as provided by Chapter 502 of the Texas Transportation Code. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and SS2, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ~, ,Texas Department of Transportation VEHICLE TITLES AND REGISTRATION DIVISION • AUSTIN, TEXAS 78779-0001 • (512) 465-7611 June 27, 2008 The Honorable County Judge Pat Tinley Kerr County 700 Main St., Suite 101 Kerrville, Texas 78028 Re: Imposition of Optional Fees Judge -i iniey: Annually, the department contacts each county to determine the Commissioners Court's intentions with respect to the collection of optional local fees in addition to the registration fee for the new calendar year. Please complete and return the enclosed form to indicate your county's intentions to retain, change or discontinue the collection of optional fees for calendar year 2009. Chapter 502 of the Transportation Code, relating to the registration of vehicles, gives counties the option of imposing optional local fees in addition to the registration fee. Vehicles registered with certain plates no*. requiring a registration fee are exempt from these optional fees. Provided below is a brief description. Coun+.y Road and Bridge Fee (Section 502.172) - An optional additional fee not to exceed $10.00, fer registering a vehicle in the county. This fee is used for the. upkeep of coui~ty roads and badges. Child Safety Fee (Section 502.173) - An optional additional fee of not less than 50 cents or more than $1.50; for registering a vehicle in the county. This fee is used for providing school crossing guard services, with remaining money used for programs to enhance child safety, health, or nutrition; including child abuse intervention and prevention and drug and alcohol abuse prevention. Transportation Project (Mobility) Fee (Section 502.1725 -- (Cameron and Hidalgo Counties only) - A.n optional additional fee not to exceed $10.00, for registering a vehicle in the county. This fee is used to fund long term transportation projects in the county. The Commissioners Court are statutorily required to notify the department by September 1 each year when revising optional fees. If your response indicates a change in fee or adds a fee, please enclose the original court order in your returned response. We request that these items be mailed and postmarked no later than August 15. Enclosed is a fee chart, indicating your county's current optional fee(s). If you have any questions regarding the imposition of optional fees, please contact Steve Palmer, Correspondence Services Branch Supervisor, at (512) 465-759b or Mike Craig, Deputy Director, at (512) 465-7570. Thank you very much for your timely response. Sincerely, ~~ - Rebecca Davio, Ph.t%., Director Vehicle Titles and Registration Division '= iiciosures cc' AmadeU Sa~nz, Jr., P.E., Executive Director, TxDOT r Denise Pittard, Government and Public :affairs Division, TxDO T County Tax AssessUr-Collector VTR Administration T FIE TEX~,S P~A1~~ REDUCE CONGESTION ®ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE A!R OUALII-'( INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equal Opportunity Employor Texas Department of Transportation VEHICLE TITLES AND REGISTRATION DIVISION AUSTIN, TEXAS 78779-0001 • (512) 465-7611 Imposition of Optional Fees Calendar Year 2009 We respectfully request that you indicate below your county's intentions for collection of these fees for calendar year 2009 (January 1 through December 31, 2009) in accordance with Texas Transportation Code, Sections 502.172, 502.1725, and 502.173. For calendar year 2009, Kerr County will: 1. Retain the current County Road and Bridge Fee of $ (No court order required) 2. Retain the current Child Safety Fund Fee of $ (No court order required) 3. Impose a new County Road and Bridge Fee of $ (Original court order required) 4. Impose a new Child Safety Fund Fee cf $ (Original court order required} 5. Discontinue the County Road and Bridge Fee of $ (Original court order required) 6. Discontinue the Child Safety Fund Fee of $ (Original court order required} 7. Impose TOTAL 2009 fees of $ (maximum: $10) (maximum $1.50) Changes shown in items 3, 4, 5, and%or 6 require submittal of an original County Commissioner's Court Order noting the change. Please return this completed form in the enclosed postage-paid self-addressed envelope as soon as possible, but no later than August 15, 2008. A faxed response to (512) 465-3034 will also be acceptable. If you are available to be contacted electronically for future mailings, please provide your e-mail address below. Thank you. E-Mail Address: ..,. ~.,. r-_. ,lv _~~ SAS I . REDUCE CONGESTION e ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equal Opportunity Employer SCHEDULE OF TEXAS REGISTRATION FEES EFFECTIVE January 1, 2008 EXPIRES December 31, 2008 STATE LAW ALLOWS THE COLLECTION OF LOCAL FEES AT THE TIME OF VEHICLE REGISTRATION The fees indicated below are local fees that will be collected with your vehicle registration fee through your County Tax Assessor-Collector's office. The total fee highlighted in red on your ren ewal notice includes the extra fees if applicabl e. Please enclose an additional $1.00 for handling when registering by mail. "'Owners o f machinery and farm trailers are not subject to the payment of the extra fees, only the registration fees." Anderson $t0 Brazos $17.50 Cochran $10 Dena $10 Franklin 510 Harris $11.50 Jasper $10 Lavaca Y1U Medina $10 Palo Pinto $10 J"abine S10 Terrml $5 Wheeler $5 Andrews $5 Brewster $10 Coke $70 Denton $11.50 Freestone $10 Harrison S10 Jer( Dev~s $10.50 Lea $10 Menard $10 Parker $10 San Augusts Terry $10 Wichita $10 Angelina $10 Briscoe $10 Coleman $10 DeWnt $10 Frb $11.50 Henley $10 Jefferson $10 Leon $10 Midland $10 Parmer $10 $11.50 Throckmodon $10 Wilbarger $10 Aransas $t0 Brooks $10 Collin $11.50 Dimmitt $11.50 Galveston $10 Haskell $t0 Jim HOgg $11.50 Libeny 510 Milem 810 Pews $10 San JecrM $11.50 Titus 810 Willacy $10 Archer $10 Brown $10 CoAingsvroM 810 Donley $70 Garza $7.50 Hays $10 Jim Wells $11.50 Limestone 870 Mills $10 Polk $11.50 San Patripo $tt SO Tom Green $11.50 Wif mson Armstrong $10 Burleson $10 Cobrado S10 Duval $10 Gillespie $11.50 Hemphill $5 Johnson $10 Lipscomb S70 Mitchell $10 Potter $10 Sen Saba $10 Travis $11.5G $11 50 Atascosa $10 Burnet $10 Comal $11.50 Eastland $10 Goliad $10 Henderson $1D Jones $10 Uve Oak $10 Montague $t0 Presid io $10 Schleicher $10 Trinity $11.50 Wilson $10 Austin $10 Caldwell $10 Comanche $10 Eaor $10 Gonzales $10 Hidalgo $20 Karnes $10 Llano $10.75 Montgomery $10 Reins $11.50 Scurry $10 Tyler $t 1 Winkler $7.50 Batley $10 Calhoun $8 Concho $10 Edwards $t0 Grey $10 HIII $10 Kaufman $10 Lubbock $10 Moore 810 RarMall $10 Shacketlord $70 Upshur $10 Wise $10 Bandere $10 Callahan $10 Cooke $70 Ellis $10 Grayson $10 Hockley $10 Kendall $11 Lynn $10 Morris $70 Raegan $t0 Shelby $10 Upton $5 Wood $70 Bastrop $10 Cameron $15 Coryell $10 EI Paso $10 Gregg $10 Hood $10 Ken $10 Madison $10 Motley $10 Real $10 Sherman $10 Uvalde 810 Yoakum $10 Baylor $10 Camp 570.50 Cottle $10 Erath $t0 Grimes $70 Hopkins $10 Kimble $10 Marion $10 Namgrbches $10 Red River $10 Smith $11.50 Vel Verde $10 Young $10 Bea $10 Carson $10 Crockett $5 Falls $10 Guadalupe $10 Houston St0 Kinney 370 Marlin $10 Neverro $10 Reeves $5 Somervell $5 'Jan Zandt $10 Zapata $6.50 Bell $77.50 Cass $10 Crosby $10 Fannin $10 Hale 510 Howard $10 Kleberg $10 Meson $10 Newton $10 Refugio $10 Starr $10 Victona $10 Zave la $11.50 Bexer $t 1.50 Castro $1U Culberson $10 Fayane $10 Hall $10 Hudspeth $10 Knoz $10 Matagorda $10 Nolan $10 Roberts $5 Stephens $10 Walker $70 ?lanr:o $'.+5!+ rhamba•s $10 Daham $?0 Fish=r $i0 Hem:ann $?0 H~~rn $10 Lamer $?0 nnavenck $t t.~.C Nueces $t0 Rober_v%,r;$1150 Stonewall $1U SYaller $10 Busyua $7U Cnerokea $70 Dallas $'.L fayd WlU Har:sierd $7G Hutchmsun $10 Lamb $'10 McCulbch 370 Ochittree $tG Rock~.tiall $1v Sunc;, S10 W'ashinglon $t0 Bowie $10 Childress $t0 Dawson $10 Foard $10 HaNeman S70 Irion 810 Lampasas 571.50 McLennan $10 Oldham $10 Runnels $t0 Swisher $10 Webb $10 Brazoria $10 Clay $10 Deaf Smith $10 Fort Bend $71.50 Hardin $10 Jeck $10 La Salle $10 Orange $10 Rusk $10 Tarrant $10 Whanon $10 Jackson $10 Taylor $70 PASSENGER CARS The annual license fee for a passenger car, city bus, or private bus shall be based on the manufacturer's model year or weight in pounds. as the case might be, of the vehicle as follows: MODEL YEAR OR WEIGHT IN POUNDS FEE 2002 AND OLDER MODELS .................................................. $40.80 2003, 2004 AND 2005 MODELS ........................................... $50.80 2006 AND NEWER MODELS .................................................$58.80 6,001 LBS. AND OVER ........................................................... $25.00 PLUS 60¢ CWT- PLUS 30¢ (irrespective of model year) The weight of any passenger car for purposes of registration shall be the weight generally accepted as its correct shipping weight plus one hundred pounds. "Passenger Car' as defined by law means any motor vehicle other than a motorcycle, or a bus transporting persons for compensation or hire, designed or used primarily for the transportation of persons. MOTORCYCLES AND MOPEDS Fee to be Collected for the Registration of Motorcycles and Mopeds -Annual Fee $30.30 LIGHT TRUCKS MANUFACTURER'S RATED CARRYING CAPACITY OF ONE TON OR LESS The annual license fee for the registration of a light truck with a manufacturer's rated carrying capacity of one ton or less shall be based upon the gross weight of the vehicle as outlined in the chart below. The term "Gross Weight" is the actual weight of the vehicle fully equipped with body and other equipment, as certified by any official public Weigher or any License and Weight Inspector of the Department of Public Safety, plus its net carrying capacity. "Net carrying capacity" of any vehicle shall be the weight of the heaviest net load to be carried on the vehicle being registered, provided said net carrying capacity shall in no vase be less tt'~n the lnanr~fac'.urer's rated carrying caGaciTy Gross Weight ANNUAL FEE Rate Per Cwt. .440c $ 901 - 1000 29.70 1001 - 1100 30.14 1101 -~ 1200 30.50 1201 1300 31.C12 1301 - 1400 31.46 1401 - 1500 31.90 1501 - 1600 32.34 1601 - 1700 3278 1701 - 1800 33.22 1801 - 1900 33.66 7901 - 2000 34.10 2001 -- 2100 34.54 2101 - 2200 34.98 2201 -- 2300 35.42 2301 - 2400 35.86 240' - 2500 36.30 Gross Weight ANNUAL FEE Rate Per Cwt. 440c $ 2501 - 2600 36.74 2601 - 2700 37 18 2701 - 2800 37.62 2801 2900 38.06 2901 --3D00 38.5C 3001 - 3100 38-94 3101 - 3200 39.38 3201 - 3300 39.82 3301 -3400 40.26 3401 - 3500 40.70 3501 - 3600 41.14 3601 - 3700 4t58 3701 - 3800 42.02 3801 - 3900 42.46 3901 - 4000 42.90 TEXAS DEPARTMENT OF TRANSPORTATION -:~v VEHICLE TITLES AND REGISTRATION DIVISION FEE CHART 1C ;REV. 1/2008j a..,~, «•^ ~* r ° ~~ Gross Weiyh[ ANNUAL FEE Rate Per Cwt. .440c $ 4001 - 4100 43.34 4101 - 4200 43.78 4201 - 4300 44.22 4301 44nn 44.66 4401 - 4500 45.10 4501 - 4600 45.54 4601 - 4700 45.98 4701 - 4800 46.42 4801 - 4900 46.86 4901 - 5000 47.30 5001 -- 5100 47.74 5101 - 5200 48.18 5201 - 5300 48.62 5301 -5400 49.06 5401 - 5500 49.50 s5o1 - 5soo a9sa 5601 - 5700 50.38 5701 -5800 50.82 5801 - 5900 51.26 5901 - 6000 51.70 Gross Weight ANNUAL FEE Rate Per Cwl. $. 0495 $ 6001 - 6100 55.50 6101 - 6200 55.99 6201 - 6300 56.49 fi301 6400 F6 9.9 6401 - 6500 57.48 6501 - 6600 57.97 6601 - 6700 58.47 6701 - 6800 58.96 6801 - 6900 59.46 6901 - 7006 59.95 7001 - 7100 60.45 7101 - 7200 60.9a 7201 - 7300 61.44 7301 - 7400 61.93 7401 - 7500 62.43 7501 - 7600 62.92 7601 - 7700 63.42 7701 - 7800 63.91 7801 ~- 7900 64.41 7901 -- 8000 64.90 ~E O ., ,. \,~.1 KERR COUNTY ATTORNEY REX EMERSON COUNTY COURTHOUSE, SUITE BA-lO3 7OO MAIN STREET KERRVILLE, TEXAS 78028 August S, 2008 County Judge and Commissioners RE: Vehicle Registration Child Safety Fee Transportation Code Section 502.173 Dear Judge and Commissioners: The Court's July 28, 2008 discussion of agenda item 1.11 raised issues relative to Transportation Code Section 502.173 child safety fees. Transportation Code 502.173: a) The commissioners court of any other county may impose by order an additional fee of not more than $1.50 for registering a vehicle in the county. c) A fee imposed may take effect only on January 1 of a year. The county must adopt the order and notify the department of the order no later than September 1 of the preceding year. d) A fee may be removed on January 1 of a year by rescinding the order imposing the fee and notifying the department no later than September 1 of the preceding year. e) Fee sharing: County -not more than 10% for administrative costs - an amount proportional to % of county residents living in unincorporated areas. Cities - remainder to cities by proportional population h) County may use fee collected only for purpose permitted in Code of Criminal Procedure Section 102.014(g). Code of Criminal Procedure 102.014(g): - Must be used for school crossing guard program if such is operated. - If no school crossing guard program; titer -deposit money in interest bearing account MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 Fax (830) 792-2228 Website: http://www.co.kerr.tx.us/attorney -expend money for programs that are: - designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention. I could not locate any case law or A.G. opinions defining what is encompassed by the above programs. Historically statutory interpretation has relied upon the common meaning of words. As such, the allocation of monies collected under 502.173 is a purely discretionary function of the Court within the broad definitions of safety, health, nutrition, child abuse prevention, and drug and alcohol abuse prevention. Should you have any questions please contact me. Rex Emerson • Search - 2 Results - 502.173 Page 1 of 2 Switch Client ! Preferences j Sign Out ! .'T !Help Search ;:Research Tasks ; Get a Document . Shepard's~~ Alerts ~ Transactional Advisor ~ Counsel Selector H Source: Legal > States Legal - U.S. > Texas > Find Statutes, Regulations, Administrative Materials & Court Rules > TX - Texas Statutes & Codes Annotated by LexisNexis -Selected Documents _~_` TOC: Texas Statutes and Codes > / .___./ > SUB_CHAPTER D__RE. GISTRATION PROCEDURES AND_FE.ES > 502.173. Optional County Fee for Child Safety Terms: 502.173 (Edit Search I Suggest Terms for My Search) Select for FOCUST"' or Delivery Tex. Transp. Code § 502.173 TEXAS STATUTES AND CODES ANNOTATED BY 'Practitioner's Toolbox LEXISNEXIS(R) ~' History *** This document is current through the 2007 Regular Session *** *** Annotations current through May 8, 2008 *** TRANSPORTATION CODE TITLE 7. VEHICLES AND TRAFFIC SUBTITLE A. CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES CHAPTER 502. REGISTRATION OF VEHICLES SUBCHAPTER D. REGISTRATION PROCEDURES AND FEES GO TO TEXAS CODE ARCHIVE DIRECTORY Tex. Transp. Code § 502.173 (2007) :'.~5021~7,3:-3:Qptiorial County,F.~e fata;~~t7ilcl Safety,.'. 0 0~ (a) The commissioners court of a county that has a population greater than 1.3 million and in which a municipality with a population of more than one million is primarily located may impose by order an additional fee of not less than 50 cents or more than $1.50 for registering a vehicle in the count~~~c?,I:t~mEsslonersi~our;~`,of~a~nyrot(i,~r cou~,ky, t~s,e i ,. ~~, by„arcle.-;an~addito.nat fge--ofrta~m~r ~n,$.~:~5`0 fo~~regis~~rarlg?'a`~e~ii~t~ irC=~he~c~~nt'i'~ (b) A vehicle that may be registered under this chapter without payment of a registration fee may be registered in a county imposing a fee under this section without payment of the additional fee. (c) A fee imposed under this sectiori;~t~y take effect ~*rrtly~On; aanuary l; of ayyear The county mtt~t ado~trltrhe grcier arrd not%t~yl~he~d~epartment noE dater' ~ia~ Septe3rn~"~'~" 1~"c~f,the;-y~ar° .'~pr~eivecl~ng`~tfie year iri which th'e` fee ti~kes~effect. (d) A fee imposed under this section; rpay be, removed'; The removal may take effect only on January 1 of a year. A county may remove the fee only by: (1) rescinding the order imposing the fee; and ' (2) notifying the department not later than September 1 of the year preceding the year in which the removal takes effect. http://www.lexis.com/research/retrieve? m=Oc9a1c2f9905d1d100f6~e6fa0286013&docnu... 8/5/2008 search - 2 Results - 502.173 Page 2 of 2 (e) The county assessor-collector of a county imposing a fee under this section shall collect the additional fee for a vehicle when other fees imposed under this chapter are collected. fir' °~~~A county imposing a fee under this section may deduct for administrative costs an amount of not more than 10 percent of the revenue it receives from the fee. The county may also deduct from the fee revenue an amount proportional to the. percentage of county residents who live in unincorporated areas of the county:~Aft~r~=makir~~ the,zdeductlo~~rpro~id~d= for by ~~ ,~~b~ectlon,, tfle county shdf s~ncC i?fie remaihde.r`'of the fee revenue to:tffi~'n'iuni-cipalities' virt ~17"~` co'u~rty according l:o tFl~ir po"pula~tion. (g) A municipality with a population greater than 850,000 shall deposit revenue from a fee imposed under this subsection to the credit of the child safety trust fund created under Section 106.001, Local Government Code. A municipality with a population less than 850,000 shall use revenue from a fee imposed under this section in accordance with Subsection (f), Article 102.014 Code of Criminal Procedure. (h) After deducting administrative costs, a ~o,~rit}r,~~~ay use-revenue from a f~~ imposed -,~c~ia~th-,~~section`only forta Purpose'pefmitt`edF'by Subs~ctidfl (g) Articre ~f3`2.Ot4"; ~od~ of .. - -- 11nPiia~l'~f?rocediire_ -' History: Stats. 1995 74th Leg. Sess. Ch. 165, effective September 1, 1995; Stats. 1997 75th Lea. Sess. Ch. 165, effective September 1, 1997; Stats. 2001 77th Lea. Sess. Ch. 669, effective September 1, 2001. ~Q~~7' (~ ~`~`~ C "~~ ~~ ~1 ®~~'~~ ~L ~>~Q~~ y~~~~ Source: Leaa1 > States Legal - U.S. > Texas > Find Statutes. Regulations. Administrative Materials & Court Rules > TX - Texas Statutes 8~ Codes Annotated by LexisNexis -Selected Documents TOC: Texas Statutes and Codes > / ... / > SUBCHAPTER D. REGISTRATION PROCEDURES AND FEES > § 502.173. Optional County Fee for Child Safety Terms: 502.173 (Edit Search (Suggest Terms for My Search) View: Full Date/Time: Tuesday, August 5, 2008 - 10:23 AM EDT Search ~ Research Tasks ~ Get a Document ~ She~ard's®~ Alerts ~ Transactiona_I Advisor ~ Counsel Selector Histo I Delivery Manager j Switch Client I Preferences I Sign Out I Help About LexisNexis I Terms & Conditions I Contact Us ~~'~~~ Copyright © 2008 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. http://www.lexis.com/research/retrieve?_m=0c9a1 c2f9905d 1 d100f6~e6fa0286013&docnu... 8/5/2008 • search - 1 Result - 102.014 Page 1 of 3 Switch Client ! Preferences j Sign Out ~ j ? ;Help Search Research Tasks Get a Document ;Shepard's~'~AlertsTransactional Advisor~Counsel Selector ~ H Source: Legal > States Legal - U.S. > Texas > Find Statutes. Regulations. Administrativ_eMatevials & Court Rules > TX - Texas Statutes & Codes Annotated by LexisNexis -Selected Documents _~ TOC: Texas Statutes and Codes > / ... / > SUBCHAPTER A. GENERAL COSTS > Art. 102.014. Court Costs for Child Safety Fund in Municipalities Terms: 102.014 (Edit Search I Suggest Terms for My Search) Tex. Code Crim. Proc, art. 102.014 LexisNexis (R) Texas Annotated Statutes 'Practitioner's Toolbox Copyright 2007 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. # Flistorv All rights reserved. *** This document is current through the 2007 Regular Session *** *** Annotations current through May 8, 2008. *** CODE OF CRIMINAL PROCEDURE TITLE 2. GENERAL PROVISIONS CHAPTER 102. COSTS PAID BY DEFENDANTS SUBCHAPTER A. GENERAL COSTS GO TO TEXAS CODE ARCHIVE DIRECTORY Tex. Code Crim. Proc. art. 102.014 (2007) :art. 1p2,1T~4t `Co:Urt Costs for Child Safety-Fund in Municipalities (a) The governing body of a municipality with a population greater than 850,000 according to the most recent federal decennial census that has adopted an ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles as allowed by Section 542.202, Transportation Code, or Chapter 682, Transportation Code, shall by order assess a court cost on each parking violation not less than $ 2 and not to exceed $ 5. The court costs under this subsection shall be collected in the same manner that other fines in the case are collected. (k~) ;The governing body of a municipality with a population less than 850,000 according to the most recent federal decennial census that has adopted an ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles as allowed by Section 542.202, Transportation Code, or Chapter 682, Transportation Code, may by order assess a court cost on each parking violation not to exceed $ 5. The additional court cost under this subsection shall be collected in the same manner that other fines in the case are collected. (c) A person convicted of an offense under Subtitle C, Title 7, Transportation Code, when the offense occurs within a school crossing zone as defined by Section 541.302 of that code, shall pay as court costs $ 25 in addition to other taxable court costs. A person convicted of an offense under Section 545.066, Transportation Code, shall pay as court costs $ 25 in addition to other taxable court costs. The additional court costs under this subsection shall be collected in the same manner that other fines and taxable court costs in the case are collected and shall be assessed only in a municipality. (d) A person convicted of an offense under Section 25.093 or 25.094, Education Code, shall http://www.lexis.com/research/retrieve?_m=758aa488cb9fcd73f7cefaa8801 ca31 f&csvc=fr... 8/5/2008 . ~ search - 1 Result - 102.014 Page 2 of 3 pay as taxable court costs $ 20 in addition to other taxable court costs. The additional court costs under this subsection shall be collected in the same manner that other fines and taxable court costs in the case are collected. (e) In this article, a person is considered to have been convicted in a case if the person would be considered to have been convicted under Section 133.101 Local Government Code. (f) In a municipality with a population greater than 850,000 according to the most recent federal decennial census, the officer collecting the costs in a municipal court case shall deposit money collected under this article in the municipal child safety trust fund established as required by Chapter 106, Local Government Code. (.g) rn a municipality with a population less than 850,000 according to the most recent federal decennial census, the money collected under this article,in a municipal court case m~sta;~ ` ~'' ,Y ~}~?o,l~ cros~ia~ ~d program if;~the ''•""'`, '.~f„the.. m`~rll" ~` erate~'~~ sing: guardrp Vdcl from cQ~'~ ` a~l ~4; ~~e'~ds:`is~, Y x .. ~ - . , , (h) Money collected under this article in a justice, county, or district court shall be used to fund school crossing guard programs in the county where they are collected. If the county does not operate a school crossing guard program, the county may: (1) remit fee revenues to school districts in its jurisdiction for the purpose of providing school crossing guard services; (2) fund programs the county is authorized by law to provide which are designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention; (3) provide funding to the sheriff's department for school-related activities; (4) provide funding to the county juvenile probation department; or (5) deposit the money in the general fund of the county. (i) Each collecting officer shall keep separate records of money collected under this article. History: § 2, effective July 1, 1991. Subsec. (e) amended by Acts 1995, 74th Leg., ch. 76 § 10.03, effective September 1, 1995; Subsec. (c) amended by Acts 1997, 75th Leg., ch. 50 § 1, effective September 1, 1997, ch. 165 § 6.05, effective September 1, 1997; amended by Acts 1997, 75th Leg., ch. 1384 § 1, effective September 1, 1997; Acts 2001, 77th Leg., Chs. 983, 1514, effective September 1, 2001; Acts 2003, 78th Leg., ch. 209, effective January 1, 2004. NOTES: 2001 Notes: The change in law made by Ch. 983 applies only to the assessment of court costs for a http://www.lexis.com/research/retrieve?_m=758aa488cb9fcd73f7cefaa8801 ca31 f&csvc=fr... 8/x/2008 . Search - 1 Result - 102.014 Page 3 of 3 conviction, as determined under Article 102.014(e)~.Code of Criminal Procedure, that takes place on or September 1, 2001, without regard to whether the behavior that is the basis for the conviction takes place before, on, or after that date. Acts 2001 77th Leg., Ch. 983 § 2. The change in law made by Ch. 1514 applies only to a defendant charged with an offense committed or, for the purposes of Title 3, Family Code, a child alleged to have engaged in conduct that occurs on or after September 1, 2001. An offense committed or conduct that occurs before the September 1, 2001 is covered by the law in effect when the offense was committed or the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2001 if every element of the offense occurred before that date, and conduct violating a penal law of this state occurred before the effective date of this Act if every element of the violation occurred before September 1, 2001. Acts 2001 77th Leg., Ch. 1514 § 20. 1997 Note: (a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For purposes of this subsection, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. (b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. Acts 1997 75th Leg., Ch. SO § 2. 1997 Note: (a) The change in law made by this Act applies only to a violation or an offense committed on or after the effective date of this Act. For purposes of this section, a violation or an offense is committed before the effective date of this Act if any element of the violation or offense occurs before that date. A violation or an offense committed before the effective date of this Act is covered by the law in effect when the violation or offense was committed, and the former law is continued in effect for that purpose. Acts 1997 75th Leg., Ch. 1384 § 2. Source: Legal > States Legal=U.S. > Texas > Find Statutes Regulations Administrative Materials &_Court Rules > TX - Texas Statutes >~ Codes Annotated by LexisNexis -Selected Documents TOC: Texas Statutes and Codes > / ... / > SUBCHAPTER A. GENERAL COSTS > Art. 102.014. Court Costs for Child Safety Fund in Municipalities Terms: 102.014 (Edit Search I Suggest Terms for My Search) View: Full Date/Time: Tuesday, August 5, 2008 - 10:34 AM EDT Search ~ Research Tasks ~ Get a Document ~ Shepard's®~ Alerts ~ Transactional Advisor ~ Counsel Selector HistON I Delivery Manager I Switch Client I Preferences I Sign Out I Help About LexisNexis I Terms & Conditions I Contact Us LC'Xl'S~eX~S~ Copyright © 2008 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. http://www.lexis.com/research/retrieve? m=758aa488cb9fcd73f7cefaa8801ca31f&csvc=fr... 8/5/2008