Definitions

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As used in this subchapter:

  1. (1) “Abusing police power” means exercising police power to enforce criminal and traffic laws for the principal purpose of raising revenue for an affected municipality and not for the purpose of public safety and welfare;

  2. (2) “Affected highway” means any highway which is part of the state highway system;

  3. (3) “Affected municipality” means a city of the first class, a city of the second class, or an incorporated town through which passes an affected highway;

  4. (4) “Enterprise fund” means a proprietary fund type used to report an activity for which a fee is charged to external users for goods or services;

  5. (5) “Fiduciary fund” means a fund type used to report assets held in a trustee or agency capacity and which cannot be used to support an affected municipality's own programs; and

  6. (6)

    1. (A) “Revenue” means moneys resulting from fines and costs from traffic offense citations written by or arrests made by an affected municipality's law enforcement agency or moneys resulting from ancillary actions related to the enforcement of a traffic offense, including failure to appear and failure to pay, if the traffic offense is a:

      1. (i) Misdemeanor;

      2. (ii) Violation of state law; or

      3. (iii) Violation of a local ordinance.

    2. (B) “Revenue” does not include moneys received by an affected municipality and remitted to another governmental entity.


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