By:  Solis                                            H.B. No. 2702
       73R5219 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the breath alcohol testing program.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 102.016, Code of Criminal Procedure, is
    1-5  amended by amending Subsection (a) and adding Subsections (k) and
    1-6  (l) to read as follows:
    1-7        (a)  A person convicted of an offense under Article 6701l1-1,
    1-8  Revised Statutes, Section 19.05(a)(2), Penal Code, the Texas
    1-9  Commercial Driver's License Act (Article 6687b-2, Revised
   1-10  Statutes), or Section 31.097, Parks and Wildlife Code, shall pay as
   1-11  court costs $35 <$30>, in addition to other court costs.
   1-12        (k)  The Department of Public Safety shall:
   1-13              (1)  review information in driver's license records and
   1-14  criminal history records and determine the number of arrests per
   1-15  capita that are made in each county of this state for offenses
   1-16  specified in Subsection (a) of this article;
   1-17              (2)  identify those counties in which the number of
   1-18  those offenses is greater than the per capita statewide average;
   1-19              (3)  adopt a system for the implementation,
   1-20  administration, and maintenance of the certified breath alcohol
   1-21  testing program in counties that utilizes a standard ratio of
   1-22  offenses per certified technical supervisor; and
   1-23              (4)  assign priorities to those counties where the
   1-24  number of arrests for offenses specified in Subsection (a) of this
    2-1  article exceeds the statewide average.
    2-2        (l)  The Department of Public Safety shall prepare a report
    2-3  of its findings and the work plan adopted by the department for the
    2-4  implementation, administration, and maintenance of the certified
    2-5  breath alcohol testing program in those counties to which the
    2-6  department has assigned priorities under Subsection (k) of this
    2-7  article.  The department shall submit a copy of the report to the
    2-8  comptroller and the Legislative Budget Board before January 1,
    2-9  1994.  This subsection expires January 1, 1994.
   2-10        SECTION 2.  This Act takes effect September 1, 1993.
   2-11        SECTION 3.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.