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R-95-02-23-10H - 2/23/1995RESOLUTION NO. 1L- 95 - H WHEREAS, Art. 102.014 of the Code of Criminal Procedure provides that the City shall collect $20.00 as taxable court costs from persons convicted of certain offenses related to school crossing zones, and WHEREAS, the said Article also provided that all sums so collected shall either be used for a school crossing guard program, if the City operates one, or expended for programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention, and WHEREAS, the City Council wishes to approve a budget for the expenditure of such funds, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the attached budget for the expenditure of the funds as described above is hereby approved. RESOLVED this 23rd day of February, 1995. ATTEST: RS50223H Ct/✓vviLi Jaxrcoc, ANNE LAND, City Secretary ESOL[TTION CHARLES CU UP PER, Mayor City of Round Rock, Texas 1994 - 1995 FUNDS AVAILABLE $10,000.00 GATTIS SCHOOL ROAD SCHOOL ZONE IMPROVEMENT PROJECT: TWO (2) ELECTRIC METER LOOP POLES $ 900.00 TWO (2) FLASHING SIGNAL LIGHTS $ 4,000.00 TWO (2) 20 MPH WITH ARROWS FOR SIDE STREETS $ 144.00 (PRICES INCLUDE INSTALLATION) TOTAL $ 5,044.00 RECE. CHILD SAFETY FINES BUDGET ACCOUNT # 10-00 -000 -4518 A FLASHING LIGHT AND ELECTRIC LOOP POLE WOULD BE PLACED ON EACH END OF THE SCHOOL ZONE TO DIRECT TRAFFIC ENTERING THE 20 MILE PER HOUR ZONE. ACCOUNT BALANCE $ 4,956.00 CRITERIA FOR SCHOOL ZONE MARKINGS WILL BE WRITTEN FOR FUTURE SPENDING FROM THIS ACCOUNT AND BUDGETED ON AN ANNUAL BASIS. Code of Criminal Procedure Art. 102.015 municipal child safety fund established as required by Article 6701d -26, Revised Statutes. (f) In 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 must be used for a school crossing guard program if the municipality operates one. lithe municipality does not operate a school crossing guard program or if the money received from court costs from municipal court cases exceeds the amount necessary to fund the school crossing guard program, the municipality may either deposit the additional money in an interest- bearing account or expend it for programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention. (g) 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 sheriffs 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. (h) Each collecting officer shall keep separate records of money collected under this article. (Added by L.1991, chap. 830(2), eff 7/ 1/91.) Art. 102.015. Misdemeanor costs. (a) Except as provided by Subsection (b) of this article, a person convicted of a misdemeanor offense shall pay as court costs $2.50, in addition to other court costs. (b) This article does not apply to a person convicted under the Uniform Act Regulating Traffic on Highways (Article 6701d, Texas Civil Statutes), if the person is convicted of a provision of that Act regulating pedestrians or the parking of motor vehicles. (c) The officer shall collect the costs in the same manner as other costs are collected in the case. (d) In this article, a person is considered to have been convicted in a case if: (1) a sentence is imposed; (2) the defendant receives probation or deferred adjudication; or (3) the court defers final disposition of the case. (e) An officer collecting costs due under this article in cases in municipal court shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the municipal treasury. (f) An officer collecting costs due under this article in justice, county, and district courts shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county treasury. (g) An officer collecting costs due under this article in county courts on appeal from justice or municipal courts shall keep separate records of the funds collected under this article and shall deposit the funds in the county treasury. (h) Officers collecting funds due as costs under this article shall file the report required under Article 103.005 of this code. If no funds due as costs under this article have been collected in any quarter, the report required for each quarter shall be filed in the regular manner, and the report shall state that no funds due under this article were collected. (i) The custodians of the municipal and county treasuries may deposit the accounts. The custodians funds collected under this shall article keep records of he a ount of funds collected under this article that are 1993 by G.P. of Team Inc. 511 Pndi n'en We US A. Zt Art. 102.013 Tx. Criminal & Vehicle Handbook collected under Subsection (a) of this article and remits the funds to the comptroller within the 9 period �escribed under this subsection. (Chgd. by L.1991, chap. 727(2), eff. (f) The comptroller shall deposit the funds received by the comptroller under Subsection (e) of this article in an account of the General Revenue Fund to be known as the crime stoppers assistance account. (g) The legislature shall appropriate funds from the crime stoppers assist- ance account to the Criminal Justice Division of the Governor's Office. The Criminal Justice Division may use 10 percent of the funds for the operation of the toll -free telephone service under Section 414.012, Government Code, and shall distribute the remainder of the funds only to local crime stoppers pro- grams The Criminal Justice Division may adopt a budget and rules to imple- ment the distribution of these funds. (Chgd. by L.1993, chap. 807(2), ell 8/30/93.) (h) All funds collected under Subsection (a) of this article are subject to audit by the comptroller. All funds distributed by the Criminal Justice Division under Subsection (g) of this article are subject to audit by the State auditor. All funds collected or distributed are subject to audit by the Governor's Division of Planning Coordination. (i) In by Section this article, Gov "local crime Code. program" has the meaning assigned a 00 (Added by L.1990, 6th C.S., chap. 28(1); redes. from 102.012 by L.1991, chap. 16(19.01(7)), eff 8/26/91.) Art. 102.014. Court 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 Subsection (a), Section 27, Uniform Act Regulating Traffic on Highways (Article 6701d, Texas Civil Statutes), or Article 6701d, Revised Statutes, 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. (b) The governing body of a municipality with a population less than 850 ,000 according to the most recent federal decennial census that has =dop� an • ordinance, regulation, or order regulating the stopping, standing, parking vehicles as allowed by Subsection (a), Section 27, Uniform Act Regulating Traffic on Highways (Article 6701d, Texas Civil Statutes), or Article 6701d -24, Revised Statutes, may by order assess a court cost on each parking violation not to collected exceed e $ ame manner that other fines in the case subsection be (c) A person convicted of an offense under the Uniform Act Regulating Traffic on Highways (Article 6701d, Texas Civil Statutes), when the offense occurs within a school crossing zone as defined by Section 20L of that Act, shall pay as court costs $20 in addition to other taxable court costs. A person convicted of an offense under Section 104, Uniform Act Regulating Traffic on Highways (Article 6701d, Texas Civil Statutes), shall pay as court costs $20 in addition to other taxable court costs. A person convicted of an offense under Section 4.25, Education Code, shall 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 are collected. (d) In this article, a person is considered to have been convicted in a case if: ,' (1) a sentence is imposed; (2) the defendant receives probation or deferred adjudication; or (3) the court defers final disposition of the case. (e) 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 O 1989 by G. P., Tmeeh 510 Pnncoa;, meus.l Zt DATE February 21, 1995 SUBJECT': City Council Agenda, February 23, 1995 ITEM: 10H. Consider a resolution approving a 1994 -1995 budget for child safety fines. STAFF RESOURCE PERSON: Joanne Land STAFF RECOMMENDATION: The Legislature enacted a statute which designates all revenues that are received from school zone offenses be placed in a special account. These revenues are to go directly for school zone improvements. Over the last 18 months this account has grown to $10,000. In order to spend the moneys, a team consisting of representatives from Municipal Court, Police, Planning and Streets developed the attached budget. The City put flashing school zone signs on Sunrise Road, a major City maintained arterial. Since installing those improvements, tickets issued have decreased dramatically which means revenues have gone down but that the improvements are working. We anticipate by installing the same improvements on Gattis School Road, a major arterial, we will accomplish the same goal. The team felt it important to go ahead and address the Gattis School Road signs now since the road improvements are occurring and also because Gattis School Road is the only other major City maintained arterial where school zones exist. We would like to come back to the Council with further recommendations for other school zone improvements after developing some additional criteria for streets other than major arterials. This criteria should be completed within the next 2 months.