80R6438 CAE-D

By: Martinez Fischer H.B. No. 1799

A BILL TO BE ENTITLED

AN ACT

relating to the appointment and duties of and the funding for an executive commissioner for the prevention of driving while intoxicated.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 3, Government Code, is amended by adding Chapter 423 to read as follows: CHAPTER 423. DRIVING WHILE INTOXICATED PREVENTION

Sec. 423.001. EXECUTIVE COMMISSIONER FOR PREVENTION OF DRIVING WHILE INTOXICATED. (a) The executive commissioner for the prevention of driving while intoxicated is a state officeholder appointed by the governor with the advice and consent of the senate.

(b) The executive commissioner serves a two-year term that expires February 1 of each odd-numbered year.

(c) The executive commissioner is administratively attached to the governor's office.

(d) The executive commissioner shall:

(1) monitor driving while intoxicated data collected in this state, including data relating to:

(A) driving fatalities involving intoxicated drivers; and

(B) automatic driver's license suspensions by the Texas Department of Public Safety for convictions of an offense under Section 49.04 or 49.045, Penal Code, or an offense under Section 49.07 or 49.08 of that code that involved the operation of a motor vehicle;

(2) monitor other states for laws and programs that have been successful in reducing the number of driving while intoxicated offenses committed in those states; and

(3) work with the Texas Department of Transportation, the Department of Public Safety, and the Department of State Health Services to reduce alcoholism, recidivism, and the number of intoxication offenses committed in this state.

(e) Not later than January 1 of each odd-numbered year the executive commissioner shall submit a report to the legislature that:

(1) describes the success of state laws and programs in reducing the number of driving while intoxicated offenses; and

(2) recommends legislation relating to the prevention of driving while intoxicated in this state.

(f) The executive commissioner may adopt rules as necessary to implement this section.

Sec. 423.002. DRIVING WHILE INTOXICATED PREVENTION ACCOUNT; COLLECTION OF CERTAIN FEES. (a) The driving while intoxicated prevention account is an account in the general revenue fund. The account consists of:

(1) money deposited to the credit of the account derived from court costs imposed under Article 102.018(e), Code of Criminal Procedure;

(2) money from gifts or grants from the United States, regional or local governments, educational institutions, private sources, or other sources; and

(3) interest earned on the investment of money in the account and depository interest allocable to the account.

(b) Money in the driving while intoxicated prevention account may be appropriated only for the support of the office of the executive commissioner for the prevention of driving while intoxicated and for programs approved by the executive commissioner for the prevention of driving while intoxicated offenses in this state.

(c) The driving while intoxicated prevention account is exempt from the application of Sections 403.095 and 404.071.

SECTION 2. Article 102.018, Code of Criminal Procedure, is amended by adding Subsection (e) to read as follows:

(e) On the conviction of an offense relating to the operation of a motor vehicle while intoxicated, as defined by Section 49.09(c)(1)(A) or (B), Penal Code, the court shall impose a cost of $10 on a defendant. A cost imposed under this subsection is in addition to a cost imposed under Subsection (a), (b), or (c). Each cost collected under this subsection shall be deposited to the credit of the driving while intoxicated prevention account under Section 423.002, Government Code.

SECTION 3. Section 102.021, Government Code, as amended by Chapters 296, 992, and 1360, Acts of the 79th Legislature, Regular Session, 2005, is amended to read as follows:

Sec. 102.021. COURT COSTS ON CONVICTION. A person convicted of an offense shall pay, in addition to all other costs:

(1) court costs on conviction of a felony (Sec. 133.102, Local Government Code) . . . $133;

(2) court costs on conviction of a Class A or Class B misdemeanor (Sec. 133.102, Local Government Code) . . . $83;

(3) court costs on conviction of a nonjailable misdemeanor offense, including a criminal violation of a municipal ordinance, other than a conviction of an offense relating to a pedestrian or the parking of a motor vehicle (Sec. 133.102, Local Government Code) . . . $40;

(4) court costs on certain convictions in statutory county courts (Sec. 51.702, Government Code) . . . $15;

(5) court costs on certain convictions in certain county courts (Sec. 51.703, Government Code) . . . $15;

(6) a time payment fee if convicted of a felony or misdemeanor for paying any part of a fine, court costs, or restitution on or after the 31st day after the date on which a judgment is entered assessing the fine, court costs, or restitution (Sec. 133.103, Local Government Code) . . . $25;

(7) a fee for services of prosecutor (Art. 102.008, Code of Criminal Procedure) . . . $25;

(8) fees for services of peace officer:

(A) issuing a written notice to appear in court for certain violations (Art. 102.011, Code of Criminal Procedure) . . . $5;

(B) executing or processing an issued arrest warrant or capias (Art. 102.011, Code of Criminal Procedure) . . . $50;

(C) summoning a witness (Art. 102.011, Code of Criminal Procedure) . . . $5;

(D) serving a writ not otherwise listed (Art. 102.011, Code of Criminal Procedure) . . . $35;

(E) taking and approving a bond and, if necessary, returning the bond to courthouse (Art. 102.011, Code of Criminal Procedure) . . . $10;

(F) commitment or release (Art. 102.011, Code of Criminal Procedure) . . . $5;

(G) summoning a jury (Art. 102.011, Code of Criminal Procedure) . . . $5;

(H) attendance of a prisoner in habeas corpus case if prisoner has been remanded to custody or held to bail (Art. 102.011, Code of Criminal Procedure) . . . $8 each day;

(I) mileage for certain services performed (Art. 102.011, Code of Criminal Procedure) . . . $0.29 per mile; and

(J) services of a sheriff or constable who serves process and attends examining trial in certain cases (Art. 102.011, Code of Criminal Procedure) . . . not to exceed $5;

(9) services of a peace officer in conveying a witness outside the county (Art. 102.011, Code of Criminal Procedure) . . . $10 per day or part of a day, plus actual necessary travel expenses;

(10) overtime of peace officer for time spent testifying in the trial or traveling to or from testifying in the trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;

(11) court costs on an offense relating to rules of the road, when offense occurs within a school crossing zone (Art. 102.014, Code of Criminal Procedure) . . . $25;

(12) court costs on an offense of passing a school bus (Art. 102.014, Code of Criminal Procedure) . . . $25;

(13) court costs on an offense of truancy or contributing to truancy (Art. 102.014, Code of Criminal Procedure) . . . $20;

(14) cost for visual recording of intoxication arrest before conviction (Art. 102.018, Code of Criminal Procedure) . . . $15;

(15) cost of certain evaluations (Art. 102.018, Code of Criminal Procedure) . . . actual cost;

(16) additional costs attendant to certain intoxication convictions under Chapter 49, Penal Code, for emergency medical services, trauma facilities, and trauma care systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;

(16-a) additional costs attendant to certain child sexual assault and related convictions, for child abuse prevention programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;

(17) cost for DNA testing for certain felonies (Art. 102.020, Code of Criminal Procedure) . . . $250;

(18) court cost on an offense of public lewdness or indecent exposure (Art. 102.020, Code of Criminal Procedure) . . . $50;

(19) court cost on conviction of a misdemeanor under Subtitle C, Title 7, Transportation Code (Sec. 542.403, Transportation Code) . . . $3;

(20) cost for impoundment of vehicle (Sec. 601.263, Transportation Code). . . $15 per day;

(21) a civil and criminal enforcement cost on conviction of an offense of, or related to, the nonpayment of a toll in certain counties (Sec. 284.2031, Transportation Code) . . . $1;

(22) if directed by the justice of the peace or municipal court judge hearing the case, court costs on conviction in a criminal action (Art. 45.041, Code of Criminal Procedure) . . . part or all of the costs as directed by the judge;

(23) [(22)] the cost of any storage, care, feeding, cold storage, or processing necessary for an unlawfully taken, shipped, or possessed game bird, fowl, animal, game fish, or exotic animal (Sec. 12.110, Parks and Wildlife Code) . . . actual cost; [and]

(24) [(22)] court cost on conviction of any offense, other than a conviction of an offense relating to a pedestrian or the parking of a motor vehicle (Art. 102.0045, Code of Criminal Procedure) . . . $4; and

(25) court cost on conviction of an offense relating to the operation of a motor vehicle while intoxicated (Art. 102.018(e), Code of Criminal Procedure) . . . $10.

SECTION 4. Promptly after the effective date of this Act, the governor shall appoint the executive commissioner for the prevention of driving while intoxicated. In appointing the executive commissioner, the governor shall appoint the person to a term expiring February 1, 2009.

SECTION 5. This Act takes effect September 1, 2007.