80R10341 BEF-D

By: Isett H.B. No. 3703

A BILL TO BE ENTITLED

AN ACT

relating to general state government fiscal matters.

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

ARTICLE 1. CONSOLIDATION OF STATE VEHICLE FLEETS

SECTION 1.01. Section 2171.101(a), Government Code, is amended to read as follows:

(a) The office of vehicle fleet management shall establish a vehicle reporting system to assist each state agency that manages a vehicle fleet in the management of its vehicle fleet. A state agency shall be required to submit the reports on a quarterly basis, not earlier than the 45th day or later than the 60th day after the date on which the quarter ends.

SECTION 1.02. Sections 2171.104(b) and (c), Government Code, are amended to read as follows:

(b) The Texas Department of Transportation, Department of Public Safety of the State of Texas, Health and Human Services Commission [Texas Department of Mental Health and Mental Retardation], Parks and Wildlife Department, and Texas Department of Criminal Justice shall assist the office of vehicle fleet management in preparing the management plan for the state's vehicle fleet.

(c) The management plan must address:

(1) [opportunities for consolidating and privatizing] the operation and management of the consolidated vehicle fleets managed by the commission and the Health and Human Services Commission [in areas where there is a concentration of state agencies, including the Capitol Complex and the Health and Human Services Complex in Austin];

(2) the number and type of vehicles owned by each agency that manages a vehicle fleet and the purpose each vehicle serves;

(3) procedures to increase vehicle use and improve the efficiency of the state vehicle fleet;

(4) procedures to reduce the cost of maintaining state vehicles;

(5) procedures to handle surplus or salvage state vehicles; and

(6) lower-cost alternatives to using state-owned vehicles, including:

(A) using rental cars; and

(B) reimbursing employees for using personal vehicles.

SECTION 1.03. Section 2171.1045, Government Code, is amended to read as follows:

Sec. 2171.1045. RESTRICTIONS ON ASSIGNMENT OF VEHICLES. Each state agency shall adopt rules, consistent with the management plan adopted under Section 2171.104, relating to the assignment and use of state [the agency's] vehicles. The rules must require that:

(1) each state [agency] vehicle, with the exception of a vehicle assigned to a field employee, be assigned to the appropriate agency motor pool and be available for checkout; and

(2) an agency may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the agency makes a written documented finding that the assignment is critical to the needs and mission of the agency.

SECTION 1.04. Subchapter C, Chapter 2171, Government Code, is amended by adding Section 2171.106 to read as follows:

Sec. 2171.106. CONSOLIDATED FLEET OPERATIONS. (a) This section does not apply to an institution of higher education as defined by Section 61.003, Education Code.

(b) Only the following six state agencies may manage a vehicle fleet:

(1) Texas Department of Transportation;

(2) Department of Public Safety of the State of Texas;

(3) Texas Department of Criminal Justice;

(4) Parks and Wildlife Department;

(5) Health and Human Services Commission; and

(6) the commission.

(c) The Health and Human Services Commission shall make vehicles available for use by health and human services agencies. The commission shall make vehicles available for use by each state agency except a health and human services agency or an agency listed in Subsections (b)(1)-(5).

(d) The Health and Human Services Commission and the commission shall charge other state agencies a per-mile fee for the use of a vehicle under Subsection (c) to recover the direct and indirect costs of owning and operating the vehicle, including the cost of fuel, maintenance, and fleet administration.

(e) The Health and Human Services Commission and the commission shall each adopt rules necessary to manage the agency's vehicle fleet and make vehicles available to other agencies as provided by this section.

SECTION 1.05. (a) Before December 1, 2007, the Health and Human Services Commission shall establish a transition plan with each of the following agencies for the transfer of vehicles owned by the agency to the Health and Human Services Commission:

(1) Department of Assistive and Rehabilitative Services;

(2) Department of Family and Protective Services;

(3) Department of Aging and Disability Services; and

(4) Department of State Health Services.

(b) On the date established by the plan in Subsection (a) of this section, a state agency shall transfer ownership, possession, and control of its vehicles to the Health and Human Services Commission.

SECTION 1.06. (a) Before December 1, 2007, the Texas Building and Procurement Commission shall establish a transition plan with each of the following agencies to phase in on a quarterly basis the transfer of vehicles owned by each agency to the Texas Building and Procurement Commission:

(1) Adjutant General's Department;

(2) Comptroller of Public Accounts;

(3) Department of Agriculture;

(4) Department of Information Resources;

(5) General Land Office;

(6) Office of the Attorney General;

(7) Secretary of State;

(8) State Soil and Water Conservation Board;

(9) Texas Alcoholic Beverage Commission;

(10) Texas Animal Health Commission;

(11) Texas State Board of Pharmacy;

(12) Texas Commission on Environmental Quality;

(13) Texas Commission on Fire Protection;

(14) Texas Department of Insurance;

(15) Texas Department of Licensing and Regulation;

(16) Texas Education Agency;

(17) Texas Historical Commission;

(18) Texas Juvenile Probation Commission;

(19) Texas Lottery Commission;

(20) Railroad Commission of Texas;

(21) Texas School for the Blind and Visually Impaired;

(22) Texas School for the Deaf;

(23) Texas State Board of Plumbing Examiners;

(24) Texas State Library and Archives Commission;

(25) Texas Water Development Board;

(26) Texas Workforce Commission; and

(27) Texas Youth Commission.

(b) On the date established by the plan in Subsection (a) of this section, a state agency shall transfer ownership, possession, and control of its vehicles to the Texas Building and Procurement Commission.

SECTION 1.07. This article takes effect September 1, 2007.

ARTICLE 2. CUSTOMS BROKERS

SECTION 2.01. Sections 151.157(a-1), (f), and (f-1), Tax Code, are amended to read as follows:

(a-1) The comptroller shall maintain a password-protected website that a customs broker, or an authorized employee of a customs broker, licensed under this section must use to prepare documentation to show the exemption of tangible personal property under Section 151.307(b)(2). The comptroller shall require a customs broker or authorized employee to use the website to actually produce the documentation after providing all necessary information. The comptroller shall use the information provided by a customs broker or authorized employee under this subsection as necessary to enforce this section and Section 151.307. [The comptroller shall provide an alternate method to prepare documentation to show the exemption of tangible personal property under Section 151.307(b)(2) in those instances when the password-protected website is unavailable due to technical or communication problems.]

(f) The comptroller may suspend or revoke a license issued under this section if the customs broker does not comply with Section 151.1575(c) or issues documentation that is false [to obtain a refund of taxes paid on tangible personal property not exported or to assist another person in obtaining such a refund]. The comptroller may determine the length of suspension or revocation necessary for the enforcement of this chapter and the comptroller's rules. A proceeding to suspend or revoke a license under this subsection is a contested case under Chapter 2001, Government Code. Judicial review is by trial de novo. The district courts of Travis County have exclusive original jurisdiction of a suit under this section.

(f-1) In addition to any other penalty provided by law, the comptroller may require a customs broker to pay to the comptroller the amount of any tax refunded and the amount of any penalty imposed under Section 151.1575(c) if the customs broker did not comply with this section or the rules adopted by the comptroller under this section [in relation to the refunded tax].

SECTION 2.02. Sections 151.1575(b) and (c), Tax Code, are amended to read as follows:

(b) A customs broker licensed by the comptroller or an authorized employee of the customs broker may issue and deliver documentation under Subsection (a) at any time after the tangible personal property is purchased and the broker or employee completes the process required by Subsection (a). The customs broker or authorized employee may issue or deliver documentation only for property that is listed on a single receipt. The documentation must include:

(1) the name and address of the customs broker;

(2) the license number of the customs broker;

(3) the name and address of the purchaser;

(4) the name and address of the place at which the property was purchased;

(5) the date and time of the sale;

(6) a description and the quantity of the property;

(7) the sales price of the property;

(8) the foreign country destination of the property, which may not be the place of export;

(9) the date and time:

(A) at which the customs broker or authorized employee watched the property cross the border of the United States;

(B) at which the customs broker or authorized employee watched the property being placed on a common carrier for delivery outside the territorial limits of the United States; or

(C) the property is expected to arrive in the foreign country destination, as stated by the purchaser;

(10) a declaration signed by the customs broker or an authorized employee of the customs broker stating that:

(A) the customs broker is a licensed Texas customs broker; and

(B) the customs broker or authorized employee inspected the property and the original receipt for the property; and

(11) an export certification stamp issued by the comptroller.

(c) The comptroller may require a customs broker to pay the comptroller the amount of any tax refunded if the customs broker does not comply with this section, Section 151.157, or the rules adopted by the comptroller under this section or Section 151.157. In addition to the amount of the refunded tax, the comptroller may require the customs broker to pay a penalty of [in an amount equal to the amount of the refunded tax, but] not less than $500 nor more than $5,000. The comptroller and the state may deduct any penalties to be paid by a customs broker from the broker's posted bond.

SECTION 2.03. The change in law made by this article applies only to documentation issued on or after the effective date of this article. Documentation issued before the effective date of this article is governed by the law in effect on the date the documentation was issued, and that law is continued in effect for that purpose.

SECTION 2.04. This article takes effect September 1, 2007.

ARTICLE 3. COLLECTION OF DELINQUENT OBLIGATIONS OWED TO STATE

SECTION 3.01. Section 403.019(c), Government Code, is amended to read as follows:

(c) A contract under this section is not valid unless approved by the attorney general. The attorney general shall approve a contract if the attorney general determines that the contract complies with the requirements of this section, that the contract does not conflict with any contract formed under Section 2107.003(b), and that the contract [and] is in the best interest of the state. No judicial action by any person on behalf of the state under a contract authorized and approved by this section may be brought unless approved by the attorney general.

SECTION 3.02. Section 2107.003, Government Code, is amended to read as follows:

Sec. 2107.003. COLLECTION BY ATTORNEY GENERAL, COMPTROLLER, OR OUTSIDE AGENT. (a) Except as provided by Subsection (c), a state agency shall report an uncollected and delinquent obligation to [request] the attorney general for collection. The state agency must report the obligation on or before the 90th day after the date the obligation becomes past due or delinquent [to collect an obligation before the agency may employ, retain, or contract with a person other than a full-time employee of the state agency to collect the obligation].

(b) The attorney general:

(1) shall provide legal services for collection of the obligation;

(2) may authorize the requesting state agency to employ, retain, or contract, subject to approval by the attorney general, with a person to collect the obligation; or

(3) if the attorney general determines it to be economical and in the best interest of the state, may contract with one or more persons [a person other than a full-time employee of the agency] to collect the [an] obligation [that the attorney general cannot collect].

(c) The comptroller may employ, retain, or contract with a person other than a full-time state employee to collect delinquent obligations that are owed the comptroller in the comptroller's official capacity, are not collected through normal collection procedures, and do not meet the guidelines adopted for collection by the attorney general. A proposed contract under this subsection shall be reviewed by the attorney general and may include a collection fee computed on the amounts collected under the contract.

(d) The agency contracting under Subsection (b) is entitled to recover from the obligor, in addition to the amount of the obligation, the costs incurred in undertaking the collection, including the costs of a contract under this section. The obligor is liable for costs of recovery under this section in an amount not to exceed 30 percent of the sum of the amount of the obligation and any interest due on the obligation.

(e) A contract formed under Subsection (b) must provide for the compensation due to the contractor. The amount of the compensation may not exceed 30 percent of the sum of the collected amount of:

(1) the obligation;

(2) any penalty; and

(3) any interest.

(f) A contract formed under Subsection (b) or (c) may permit or require the contractor to pursue in the name of this state a judicial action to collect the amount of the obligation in a proper court in or outside of this state.

(g) In a suit in a Texas state court to collect an obligation under this section, the state is not:

(1) required to post security for costs;

(2) liable for costs; or

(3) liable for fees for:

(A) service of process;

(B) attorneys ad litem;

(C) arbitration; or

(D) mediation.

(h) An amount collected under a contract formed under Subsection (b), including the costs of recovery and court costs or other costs, shall be deposited in the fund or account to which the obligation was required to be deposited. The contracting agency shall pay the compensation due under the contract to the contractor and shall pay to the applicable court any court costs collected.

(i) The contracting agency shall require a person contracting under Subsection (b) to post a bond or other security in an amount the contracting agency determines is sufficient to cover all revenue or other property of the state that is expected to come into the possession or control of the contractor in the course of providing contract services.

(j) A person who contracts under Subsection (b) is an agent of this state for purposes of determining priority of a claim to be collected under the contract with respect to claims of other creditors. The contractor does not exercise any sovereign power of the state.

(k) The contracting state agency may provide a person contracting under Subsection (b) any information, including confidential information, that the agency is not prohibited from sharing under an agreement with another state or with the United States and that is:

(1) in the custody of the agency holding the claim; and

(2) necessary to the collection of the obligation.

(l) A person acting under a contract formed under Subsection (b) or (c) and each employee or agent of that person is subject to all prohibitions against the disclosure of confidential information obtained from the contracting agency, the reporting state agency, or their employees. A contractor or the contractor's employee or agent who discloses confidential information in violation of the prohibition is subject to the same penalties for that disclosure as would apply to the contracting agency or its employees.

(m) The contracting agency shall require a person who contracts under Subsection (b) to obtain and maintain insurance adequate to provide reasonable coverage for damages negligently, recklessly, or intentionally caused by the contractor or the contractor's employee or agent in the course of collecting an obligation under the contract and to protect this state from liability for those damages. The state is not liable for and may not indemnify a person acting under a contract under Subsection (b) for damages negligently, recklessly, or intentionally caused by the contractor or the contractor's employee or agent in the course of collecting an obligation under the contract.

(n) In addition to grounds for termination provided by the contract terms, the attorney general or the contracting agency, as applicable, may terminate a contract formed under Subsection (b) if the contractor or the contractor's employee or agent:

(1) violates the federal Fair Debt Collection Practices Act (15 U.S.C. Section 1692 et seq.);

(2) discloses confidential information to a person not authorized to receive the information; or

(3) performs any act that results in a final judgment for damages against this state.

SECTION 3.03. Section 2254.102(c), Government Code, is amended to read as follows:

(c) This subchapter does not apply to a contract:

(1) with an agency to collect an obligation under Section 2107.003(b); or

(2) for legal services entered into by an institution of higher education under Section 153.006, Education Code.

SECTION 3.04. Section 2107.004, Government Code, is repealed.

SECTION 3.05. The changes in law made by this article to Sections 2107.003 and 2254.102, Government Code, apply only in relation to a contract for the collection of delinquent taxes or obligations that is entered into on or after the effective date of this article. A contract for the collection of delinquent taxes or obligations entered into before the effective date of this article is governed by the law in effect on the date the contract was entered into, and the former law is continued in effect for that purpose.

SECTION 3.06. This article takes effect September 1, 2007.

ARTICLE 4. RESTITUTION AND OTHER ASSISTANCE PROVIDED TO VICTIMS OF

CRIME AND TO RELATED CLAIMANTS

SECTION 4.01. Article 42.037, Code of Criminal Procedure, is amended by adding Subsection (r) to read as follows:

(r) Not later than the 15th day following the end of each calendar quarter, each community supervision and corrections department, parole office, and parole panel shall submit to the Texas Department of Criminal Justice in a form required by the department a report that contains information relating to, as applicable, any restitution payment made during the preceding calendar quarter by a person placed on community supervision, paroled, or released to mandatory supervision or any restitution ordered by the parole panel in a criminal case during that period. The Texas Department of Criminal Justice annually shall publish a report based on statistical information collected under this subsection. If practicable, the department may publish the report with one or more related reports required of other state agencies by law. Notwithstanding any other law, the statistical information is not confidential and may be released, except that the release of the names of defendants and victims remains subject to all confidentiality requirements otherwise imposed by law.

SECTION 4.02. Article 56.54, Code of Criminal Procedure, is amended by amending Subsections (b), (c), (h), and (i) and adding Subsections (i-1) and (l) to read as follows:

(b) Except as provided by Subsections (h), (i-1) [(i)], (j), and (k) and Article 56.541, the compensation to victims of crime fund may be used only by the attorney general for the payment of compensation to claimants or victims under this subchapter. For purposes of this subsection, compensation to claimants or victims includes money allocated from the fund to the Crime Victims' Institute created by Section 96.65, Education Code, for the operation of the institute and for other expenses in administering this subchapter. The institute shall use money allocated from the fund only for the purposes of Sections 96.65, 96.651, and 96.652, Education Code.

(c) Except as provided by Subsections (h) and (i-1) [(i)], the compensation to victims of crime auxiliary fund may be used by the attorney general only for the payment of compensation to claimants or victims under this subchapter.

(h) An amount of money deposited to the credit of the compensation to victims of crime fund, not to exceed one-quarter of the amount disbursed from that fund in the form of compensation payments during a fiscal year except as otherwise required by Subsection (i)(2), shall be carried forward into the next succeeding fiscal year and applied toward the amount listed in the next succeeding fiscal year's method of financing.

(i) The [If the sums available in the compensation to victims of crime fund are sufficient in a fiscal year to make all compensation payments, the] attorney general, from [may retain] any portion of the compensation to victims of crime fund that was deposited during a [the] fiscal year that was in excess of all compensation payments required to be made out of the fund during that fiscal year:

(1) may retain an amount of emergency reserve to be used during the next fiscal year only for the purposes provided by Subsection (i-1); and

(2) if the fund is projected to become insolvent during the next fiscal year, shall retain an amount of emergency reserve equal to at least 10 percent of the total amount of the compensation payments estimated to be made during the next fiscal year, to be used during the next fiscal year for that purpose only [as an emergency reserve for the next fiscal year].

(i-1) The amount of [Such] emergency reserve authorized by Subsection (i)(1) may not exceed $10,000,000 at any time and [. The emergency reserve fund] may be used only to make compensation awards in claims and for providing emergency relief and assistance, including crisis intervention, emergency housing, travel, food, or expenses and technical assistance expenses incurred in implementing the purposes [the implementation] of this subsection in incidents resulting from an act of mass violence or from an act of international terrorism as defined by 18 U.S.C. Section 2331, occurring in the state or for Texas residents injured or killed in an act of terrorism outside of the United States.

(l) Not later than September 15 of each year, the attorney general, after consulting with the comptroller, shall certify the amount of money remaining in the compensation to victims of crime auxiliary fund at the end of the preceding state fiscal year. If the amount remaining in the fund exceeds $5 million, as soon as practicable after the date of certification, the attorney general may transfer from that excess amount in the compensation to victims of crime auxiliary fund to the compensation to victims of crime fund an amount that is not more than 25 percent of the balance of the compensation to victims of crime auxiliary fund, to be used only for the purpose of making compensation payments during the fiscal year in which the amount is transferred.

SECTION 4.03. Articles 56.541(a), (b), and (c), Code of Criminal Procedure, are amended to read as follows:

(a) Not later than December 15 of each even-numbered year, the attorney general, after consulting with the comptroller, shall prepare forecasts and certify estimates of:

(1) the amount of money that the attorney general anticipates will be received from deposits made to the credit of the compensation to victims of crime fund during the next state fiscal biennium, other than deposits of:

(A) gifts, grants, and donations; and

(B) money received from the United States;

(2) the amount of money from the fund that the attorney general anticipates will be obligated during the next state fiscal biennium to comply with this chapter, including any amounts anticipated to be retained under Article 56.54(i) as an emergency reserve for each state fiscal year of the biennium; and

(3) the amount of money in the fund that the attorney general anticipates will remain unexpended at the end of the current state fiscal year and will be [that is] available for appropriation in the next state fiscal biennium.

(b) At the time the attorney general certifies the estimates made under Subsection (a), the attorney general shall also certify for the next state fiscal biennium the amount of excess money in the compensation to victims of crime fund available for the purposes of Subsection (c), calculated by subtracting the amount estimated under Subsection (a)(2) from the sum of the amounts estimated under Subsections (a)(1) and (a)(3).

(c) For a state fiscal biennium, the legislature may appropriate from the compensation to victims of crime fund the amount of excess money in the fund certified for the biennium under Subsection (b) to state agencies that deliver or fund victim-related services or assistance, except that the legislature may not appropriate any amount of excess money actually retained under Article 56.54(i) for use as an emergency reserve during each of the two state fiscal years of the biennium.

SECTION 4.04. Subchapter C, Chapter 71, Government Code, is amended by adding Section 71.0353 to read as follows:

Sec. 71.0353. RESTITUTION INFORMATION. (a) Not later than the 15th day following the end of each calendar quarter, each court shall submit to the Office of Court Administration of the Texas Judicial System in a form required by the office a report that contains information relating to any restitution ordered by the court in a criminal case during that period.

(b) The Office of Court Administration annually shall publish a report based on statistical information collected under this section. If practicable, the office may publish the report with one or more related reports required of other state agencies by law. Notwithstanding any other law, the statistical information is not confidential and may be released, except that the release of the names of defendants and victims remains subject to all confidentiality requirements otherwise imposed by law.

SECTION 4.05. Subchapter C, Chapter 61, Human Resources Code, is amended by adding Section 61.0411 to read as follows:

Sec. 61.0411. RESTITUTION INFORMATION. (a) Not later than the 15th day following the end of each calendar quarter, each local juvenile parole office shall submit to the commission in a form required by the commission a report that contains information relating to any restitution payment made during the preceding calendar quarter by a juvenile who is paroled by the commission.

(b) The commission annually shall publish a report based on statistical information collected under this section. If practicable, the commission may publish the report with one or more related reports required of other state agencies by law. Notwithstanding any other law, the statistical information is not confidential and may be released, except that the release of the names of juveniles and victims remains subject to all confidentiality requirements otherwise imposed by law.

SECTION 4.06. Subchapter C, Chapter 141, Human Resources Code, is amended by adding Section 141.0422 to read as follows:

Sec. 141.0422. RESTITUTION INFORMATION. (a) Not later than the 15th day following the end of each calendar quarter, each local juvenile probation office shall submit to the commission in a form required by the commission a report that contains information relating to any restitution payment made during the preceding calendar quarter by a juvenile who is placed on juvenile probation by the commission.

(b) The commission annually shall publish a report based on statistical information collected under this section. If practicable, the commission may publish the report with one or more related reports required of other state agencies by law. Notwithstanding any other law, the statistical information is not confidential and may be released, except that the release of the names of juveniles and victims remains subject to all confidentiality requirements otherwise imposed by law.

SECTION 4.07. The change in law made by this article in adding Article 42.037(r), Code of Criminal Procedure, Section 71.0353, Government Code, and Sections 61.0411 and 141.0422, Human Resources Code, applies only to a restitution payment made or restitution ordered on or after the effective date of this article.

SECTION 4.08. This article takes effect September 1, 2007.

ARTICLE 5. COLLECTION OF SURCHARGES ASSESSED UNDER DRIVER

RESPONSIBILITY PROGRAM

SECTION 5.01. Section 708.153(b), Transportation Code, is amended to read as follows:

(b) A rule under this section:

(1) may not permit a person to pay a surcharge over a period of more than 36 consecutive months; and

(2) may provide that if the person fails to make a required installment payment, the department may establish a new installment plan on different terms or declare the amount of the unpaid surcharge immediately due and payable.

SECTION 5.02. Section 708.155, Transportation Code, is amended to read as follows:

Sec. 708.155. CONTRACTS FOR COLLECTION OF SURCHARGES. (a) The department may enter into a contract with a private attorney or a public or private vendor for the provision of services for the collection of surcharges receivable and related costs under this chapter.

(b) The department may enter into additional contracts under Subsection (a) that provide for alternative or additional collection methods for surcharges receivable that have not been collected under the original contract.

(c) The total amount of compensation under a contract entered into under this section may not exceed 30 percent of the amount of the surcharges and related costs collected.

SECTION 5.03. Subchapter D, Chapter 708, Transportation Code, is amended by adding Sections 708.157 and 708.158 to read as follows:

Sec. 708.157. AMNESTY AND INCENTIVES. (a) The department by rule may establish a periodic amnesty program for holders of a driver's license on which a surcharge has been assessed for certain offenses, as determined by the department.

(b) The department by rule may offer a holder of a driver's license on which a surcharge has been assessed an incentive for compliance with the law and efforts at rehabilitation, including a reduction of a surcharge or a decrease in the length of an installment plan.

Sec. 708.158. LIENS. The department has a lien on personal property belonging to the holder of a driver's license on which a surcharge has been assessed under Subchapter B or Section 708.102 to enforce payment of the surcharge and any related costs. The lien is enforceable as provided by law.

SECTION 5.04. The changes in law made by this article to Section 708.155, Transportation Code, do not affect the entitlement of a private attorney or a public or private vendor with whom the Department of Public Safety contracts under that section immediately before September 1, 2007, to bid on the additional contract.

SECTION 5.05. This article takes effect September 1, 2007.

ARTICLE 6. OPERATION AND FUNDING OF DRUG COURT PROGRAMS

SECTION 6.01. Chapter 469, Health and Safety Code, is amended by amending Sections 469.003, 469.004, and 469.007 and by adding Sections 469.005, 469.008, and 469.009 to read as follows:

Sec. 469.003. OVERSIGHT. (a) The lieutenant governor and the speaker of the house of representatives may assign to appropriate legislative committees duties relating to the oversight of drug court programs established under this chapter [Section 469.002].

(b) A legislative committee or the governor may request the state auditor to perform a management, operations, or financial or accounting audit of a drug court program established under this chapter [Section 469.002].

Sec. 469.004. FEES. (a) A drug court program established under this chapter [Section 469.002] may collect from a participant in the program:

(1) a reasonable program fee not to exceed $1,000, which may be paid on a periodic basis or on a deferred payment schedule at the discretion of the judge, magistrate, or program director administering the program; and

(2) a urinalysis testing and counseling fee:

(A) based on the participant's ability to pay; and

(B) in an amount necessary to cover the costs of the testing and counseling.

(b) A drug court program may require a participant to pay all treatment costs incurred while participating in the program, based on the participant's ability to pay.

Sec. 469.005. DRUG COURT PROGRAMS EXCLUSIVELY FOR CERTAIN INTOXICATION OFFENSES. (a) The commissioners court of a county may establish under this chapter a drug court program exclusively for persons arrested for, charged with, or convicted of an offense involving the operation of a motor vehicle while intoxicated.

(b) A drug court program established under this section must have at least 50 participants during the first four months in which the program is operating.

(c) A county that establishes a drug court program under this chapter but does not establish a separate program under this section must employ procedures designed to ensure that a person arrested for, charged with, or convicted of a second or subsequent offense involving the operation of a motor vehicle while intoxicated participates in the county's existing drug court program.

Sec. 469.007. USE OF OTHER DRUG AND ALCOHOL AWARENESS PROGRAMS. In addition to using a drug court program established under this chapter [Section 469.002], the commissioners court of a county or a court may use other drug awareness or drug and alcohol driving awareness programs to treat persons convicted of drug or alcohol related offenses.

Sec. 469.008. SUSPENSION OR DISMISSAL OF CERTAIN CONDITIONS OF COMMUNITY SUPERVISION. (a) Notwithstanding Sections 13 and 16, Article 42.12, Code of Criminal Procedure, to encourage participation in a drug court program established under this chapter, the judge or magistrate administering the program may suspend any requirement that, as a condition of community supervision, a participant in the program:

(1) not operate a motor vehicle unless the vehicle is equipped with an ignition interlock device, as defined by Section 521.241, Transportation Code; or

(2) work a specified number of hours at a community service project or projects.

(b) On successful completion of a drug court program, a judge or magistrate may excuse the participant from any condition of community supervision previously suspended under Subsection (a).

Sec. 469.009. OCCUPATIONAL DRIVER'S LICENSE. Notwithstanding Section 521.242, Transportation Code, if a participant's driver's license has been suspended as a result of an alcohol-related or drug-related enforcement contact, as defined by Section 524.001, Transportation Code, or as a result of a conviction under Section 49.04, 49.07, or 49.08, Penal Code, the judge or magistrate administering a drug court program under this chapter may order that an occupational license be issued to the participant. An order issued under this section is subject to Sections 521.248-521.252, Transportation Code, except that any reference to a petition under Section 521.242 of that code does not apply.

SECTION 6.02. Section 4, Article 17.42, Code of Criminal Procedure, is amended to read as follows:

Sec. 4. (a) If a court releases an accused on personal bond on the recommendation of a personal bond office, the court shall assess a personal bond fee in an amount equal to the greater of:

(1) $20; or

(2) the following applicable amount:

(A) three percent of the amount of the bail fixed for the accused, if the personal bond office serves a county that has not established a drug court program; or

(B) six percent of the amount of the bail fixed for the accused, if the personal bond office serves a county that has established a drug court program [whichever is greater].

(b) Notwithstanding Subsection (a), the [The] court may waive the fee or assess a lesser fee if good cause is shown.

(c) If the personal bond office serves a county that has not established a drug court program, fees [(b)Fees] collected under this article may be used solely to defray expenses of the personal bond office, including defraying the expenses of extradition. If the personal bond office serves a county that has established a drug court program, one-half of the fees collected under this article shall be used to defray expenses of the personal bond office, including defraying the expenses of extradition, and the remaining one-half of the fees collected shall be used to defray expenses of operating the drug court program.

(d) [(c)] Fees collected under this article shall be deposited in the county treasury. If [, or if] the personal bond office serves more than one county, none of which has established a drug court program, the fees shall be apportioned to each county in the district according to each county's pro rata share of the costs of the office. If the personal bond office serves more than one county, including a county that has established a drug court program, the additional amount of the personal bond fee collected under this section, because at least one of the counties has established a drug court program, shall be divided equally among each county in the district that has established such a program. The remaining amount of the fees collected shall be apportioned to each county in the district according to each county's pro rata share of the costs of the office.

(e) In this section, "drug court program" means a drug court program established by a county commissioners court under Chapter 469, Health and Safety Code.

SECTION 6.03. (a) The change in law made by this article to Chapter 469, Health and Safety Code, applies to a person who enters a drug court program under that chapter regardless of whether the person committed the offense for which the person enters the program before, on, or after the effective date of this article.

(b) The change in law made by this article to Article 17.42, Code of Criminal Procedure, applies only to a personal bond fee that is assessed under that article on or after the effective date of this article.

SECTION 6.04. This article takes effect September 1, 2007.

ARTICLE 7. EFFECTIVE DATE

SECTION 7.01. Except as otherwise provided by this Act, this Act takes effect immediately if it receives a vote of two–thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, except as otherwise provided by this Act, this Act takes effect on the 91st day after the last day of the legislative session.