SRC-JFA S.B. 196 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 196
By: Zaffirini
Finance
1-21-97
As Filed


DIGEST 

Currently, Article 42.12, Code of Criminal Procedure, does not authorize
the Texas Commission on Alcohol and Drug Abuse (TCADA) to charge a fee for
educational programs for repeat offenders required as a condition of
community supervision for a person punished under Section 49.09, Penal
Code, relating to enhanced offenses and penalties for crimes involving
intoxication.  The report of the Texas  Senate Committee on Health and
Human Services, Interim Report on Improving Immunization Programs and
Restricting Children's Access to Tobacco and Alcohol, recommends that
TCADA be allowed to charge a non-refundable application fee for the
initial certification of such alcohol awareness programs.  S.B. 196
authorizes TCADA to charge a fee for the initial and renewed certification
of such programs.   

PURPOSE

As proposed, S.B. 196 authorizes the Texas Commission on Alcohol and Drug
Abuse to charge a fee for educational programs for repeat offenders who
have been punished under Section 49.09, Penal Code, relating to enhanced
offenses and penalties for crimes involving intoxication, and who are
placed on community supervision by a judge.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 13(j), Article 42.12, Code of Criminal
Procedure, to authorize the Texas Commission on Alcohol and Drug Abuse to
charge a nonrefundable application fee for the initial certification of an
educational program for repeat offenders who have been punished under
Section 49.09, Penal Code, relating to enhanced offenses and penalties for
crimes involving intoxication, and who are placed on community supervision
by a judge, or for renewal of certification of such a program.   

SECTION 2.   Emergency clause.
  Effective date: upon passage.