Sec. 542.4031. STATE TRAFFIC FINE. (a) In addition to the fine prescribed by Section 542.401 or another section of this subtitle, as applicable, a person who enters a plea of guilty or nolo contendere to or is convicted of an offense under this subtitle shall pay $30 as a state traffic fine. The person shall pay the state traffic fine when the person enters the person's plea of guilty or nolo contendere, or on the date of conviction, whichever is earlier. The state traffic fine shall be paid regardless of whether:
(1) a sentence is imposed on the person;
(2) the court defers final disposition of the person's case; or
(3) the person is placed on community supervision, including deferred adjudication community supervision.
(b) An officer collecting a state traffic fine under this section in a case in municipal court shall keep separate records of the money collected and shall deposit the money in the municipal treasury.
(c) An officer collecting a state traffic fine under this section in a justice, county, or district court shall keep separate records of the money collected and shall deposit the money in the county treasury.
(d) Each calendar quarter, an officer collecting a state traffic fine under this section shall submit a report to the comptroller. The report must comply with Articles 103.005(c) and (d), Code of Criminal Procedure.
(e) The custodian of money in a municipal or county treasury may deposit money collected under this section in an interest-bearing account. The custodian shall:
(1) keep records of the amount of money collected under this section that is on deposit in the treasury; and
(2) not later than the last day of the month following each calendar quarter, remit to the comptroller money collected under this section during the preceding quarter, as required by the comptroller.
(f) A municipality or county may retain five percent of the money collected under this section as a service fee for the collection if the municipality or county remits the funds to the comptroller within the period prescribed in Subsection (e). The municipality or county may retain any interest accrued on the money if the custodian of the money deposited in the treasury keeps records of the amount of money collected under this section that is on deposit in the treasury and remits the funds to the comptroller within the period prescribed in Subsection (e).
(g) Of the money received by the comptroller under this section, the comptroller shall deposit:
(1) 67 percent to the credit of the undedicated portion of the general revenue fund; and
(2) 33 percent to the credit of the designated trauma facility and emergency medical services account under Section 780.003, Health and Safety Code.
(h) Notwithstanding Subsection (g)(1), in any state fiscal year the comptroller shall deposit 67 percent of the money received under Subsection (e)(2) to the credit of the general revenue fund only until the total amount of the money deposited to the credit of the general revenue fund under Subsection (g)(1) and Section 780.002(b), Health and Safety Code, equals $250 million for that year. If in any state fiscal year the amount received by the comptroller under those laws for deposit to the credit of the general revenue fund exceeds $250 million, the comptroller shall deposit the additional amount to the credit of the Texas mobility fund.
(i) Money collected under this section is subject to audit by the comptroller. Money spent is subject to audit by the state auditor.
(j) Repealed by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 6.02.
(k) Repealed by Acts 2005, 79th Leg., Ch. 1123, Sec. 6(2), eff. September 1, 2005.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 12.01(a), eff. Sept. 1, 2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 2.01, 2.02, 6.02(2), eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1123 (H.B. 2470), Sec. 6(2), eff. September 1, 2005.
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