Re: [texas] county revenue generated by citations?


"richard" <member@xxxxxxxxxxx> wrote in message news:h84ih49aus0rkv4ai0e0ltqjoeanb1qqn3@xxxxxxxxxx
On Mon, 10 Nov 2008 20:53:22 -0600, "GeekBoy"
<nerd_revenge@xxxxxxxxxxxx> wrote:


"David L. Martel" <marte005@xxxxxxxxxxx> wrote in message
news:Sd4Sk.610$mi4.436@xxxxxxxxxxxxxxxxxxxxxxx
Richard,

The Texas Statutes may be found here.

http://www.statutes.legis.state.tx.us/

Look under Transportation Code for the traffic laws.
I don't follow your premise that the seat-belt law is meant to generate
revenue rather than to save lives.
You seem to be asking where you would find the Statute that forbids
using traffic citations to collect money. I doubt that there is such a
Statute.

Acutally there is. To combat the problem of overzealous municipalities
turning speed traps into an endless revenue source, the Texas Legislature
passed a law capping the amounts that municipalities under 5,000 residents
can collect from traffic law violations. The law also requires allows the
state comptroller to audit such municipalities that generate over 20% of
their revenues from traffic citations


If you can post a link to the actual code, that would be appreciated.



TRC 542-402. Disposition of Fines

(b) In each fiscal year, a municipality having a population of less than 5,000 may retain, from fines collected for violations of highway laws in this subtitle and from special expenses collected under Article 45.54, Code of Criminal Procedure, in cases in which a violation of this subtitle is alleged, an amount equal to 30 percent of the municipality's revenue for the preceding fiscal year from all sources, other than federal funds and bond proceeds, as shown by the audit performed under Section 103.001, Local Government Code. After a municipality has retained that amount, the municipality shall send to the comptroller any portion of a fine or a special expense collected that exceeds $1.

(c) The comptroller shall enforce Subsection (b).

(d) In a fiscal year in which a municipality retains from fines and special expenses collected for violations of highway laws in this subtitle an amount equal to at least 20 percent of the municipality'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 municipality's fiscal year, the municipality shall send to the comptroller:

(1) a copy of the municipality's financial statement for that fiscal year filed under Chapter 103, Local Government Code; and
(2) a report that shows the total amount collected for that fiscal year from fines and special expenses under subsection (b).

(e) If an audit is conducted by the comptroller under Subsection (c) and it is determined that the municipality is retaining more than 20 percent of the amounts under subsection

(b) and has not complied with Subsection (d), the municipality shall pay the costs incurred by the comptroller in conducting the audit.

----------------------------------
There are some other laws, such as limiting State Police only to patrolling certain highways for traffic offenders, anti quota laws, and signs warning drivers of decreases in speed...in various codes.

.

Relevant Pages

  • Re: Harrys Law--good show
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  • Re: Harrys Law--good show
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  • Re: Yippee! Another look and Whos got the money"
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    (misc.health.alternative)
  • Re: Yippee! Another look and Whos got the money"
    ... much less complete in a shorter amount of time. ... Many States have laws against casteration/nuetering of children ... I used to wonder just what a "calcium deficient idiot" was, ...
    (misc.health.alternative)