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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment and duties of and the funding for an |
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executive commissioner for the prevention of driving while |
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intoxicated. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Government Code, is amended |
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by adding Chapter 423 to read as follows: |
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CHAPTER 423. DRIVING WHILE INTOXICATED PREVENTION |
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Sec. 423.001. EXECUTIVE COMMISSIONER FOR PREVENTION OF |
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DRIVING WHILE INTOXICATED. (a) The executive commissioner for the |
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prevention of driving while intoxicated is a state officeholder |
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appointed by the governor with the advice and consent of the senate. |
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(b) The executive commissioner serves a two-year term that |
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expires February 1 of each odd-numbered year. |
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(c) The executive commissioner is administratively attached |
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to the governor's office. |
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(d) The executive commissioner shall: |
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(1) monitor driving while intoxicated data collected |
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in this state, including data relating to: |
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(A) driving fatalities involving intoxicated |
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drivers; and |
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(B) automatic driver's license suspensions by |
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the Texas Department of Public Safety for convictions of an offense |
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under Section 49.04 or 49.045, Penal Code, or an offense under |
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Section 49.07 or 49.08 of that code that involved the operation of a |
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motor vehicle; |
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(2) monitor other states for laws and programs that |
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have been successful in reducing the number of driving while |
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intoxicated offenses committed in those states; and |
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(3) work with the Texas Department of Transportation, |
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the Department of Public Safety, and the Department of State Health |
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Services to reduce alcoholism, recidivism, and the number of |
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intoxication offenses committed in this state. |
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(e) Not later than January 1 of each odd-numbered year, the |
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executive commissioner shall submit a report to the legislature |
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that: |
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(1) describes the success of state laws and programs |
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in reducing the number of driving while intoxicated offenses; and |
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(2) recommends legislation relating to the prevention |
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of driving while intoxicated in this state. |
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(f) The executive commissioner may adopt rules as necessary |
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to implement this section. |
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Sec. 423.002. DRIVING WHILE INTOXICATED PREVENTION |
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ACCOUNT; COLLECTION OF CERTAIN FEES. (a) The driving while |
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intoxicated prevention account is an account in the general revenue |
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fund. The account consists of: |
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(1) money deposited to the credit of the account |
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derived from court costs imposed under Article 102.018(e), Code of |
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Criminal Procedure; |
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(2) money from gifts or grants from the United States, |
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regional or local governments, educational institutions, private |
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sources, or other sources; and |
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(3) interest earned on the investment of money in the |
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account and depository interest allocable to the account. |
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(b) Money in the driving while intoxicated prevention |
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account may be appropriated only for the support of the office of |
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the executive commissioner for the prevention of driving while |
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intoxicated and for programs approved by the executive commissioner |
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for the prevention of driving while intoxicated offenses in this |
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state. |
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(c) The driving while intoxicated prevention account is |
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exempt from the application of Sections 403.095 and 404.071. |
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SECTION 2. Article 102.018, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e) On the conviction of an offense relating to the |
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operation of a motor vehicle while intoxicated, as defined by |
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Section 49.09(c)(1)(A) or (B), Penal Code, the court shall impose a |
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cost of $10 on a defendant. A cost imposed under this subsection is |
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in addition to a cost imposed under Subsection (a), (b), or (c). |
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Each cost collected under this subsection shall be deposited to the |
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credit of the driving while intoxicated prevention account under |
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Section 423.002, Government Code. |
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SECTION 3. (a) Section 102.021, Government Code, is |
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amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th |
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Legislature, Regular Session, 2007, and is further amended to read |
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as follows: |
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Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL |
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PROCEDURE. A person convicted of an offense shall pay the following |
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under the Code of Criminal Procedure, in addition to all other |
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costs: |
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(1) court cost on conviction of any offense, other |
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than a conviction of an offense relating to a pedestrian or the |
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parking of a motor vehicle (Art. 102.0045, Code of Criminal |
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Procedure) . . . $4; |
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(2) a fee for services of prosecutor (Art. 102.008, |
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Code of Criminal Procedure) . . . $25; |
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(3) fees for services of peace officer: |
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(A) issuing a written notice to appear in court |
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for certain violations (Art. 102.011, Code of Criminal Procedure) |
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. . . $5; |
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(B) executing or processing an issued arrest |
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warrant, [or] capias, or capias pro fine (Art. 102.011, Code of |
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Criminal Procedure) . . . $50; |
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(C) summoning a witness (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(D) serving a writ not otherwise listed (Art. |
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102.011, Code of Criminal Procedure) . . . $35; |
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(E) taking and approving a bond and, if |
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necessary, returning the bond to courthouse (Art. 102.011, Code of |
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Criminal Procedure) . . . $10; |
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(F) commitment or release (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(G) summoning a jury (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(H) attendance of a prisoner in habeas corpus |
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case if prisoner has been remanded to custody or held to bail (Art. |
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102.011, Code of Criminal Procedure) . . . $8 each day; |
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(I) mileage for certain services performed (Art. |
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102.011, Code of Criminal Procedure) . . . $0.29 per mile; and |
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(J) services of a sheriff or constable who serves |
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process and attends examining trial in certain cases (Art. 102.011, |
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Code of Criminal Procedure) . . . not to exceed $5; |
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(4) services of a peace officer in conveying a witness |
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outside the county (Art. 102.011, Code of Criminal Procedure) . . . |
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$10 per day or part of a day, plus actual necessary travel expenses; |
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(5) overtime of peace officer for time spent |
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testifying in the trial or traveling to or from testifying in the |
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trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; |
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(6) court costs on an offense relating to rules of the |
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road, when offense occurs within a school crossing zone (Art. |
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102.014, Code of Criminal Procedure) . . . $25; |
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(7) court costs on an offense of passing a school bus |
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(Art. 102.014, Code of Criminal Procedure) . . . $25; |
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(8) court costs on an offense of truancy or |
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contributing to truancy (Art. 102.014, Code of Criminal Procedure) |
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. . . $20; |
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(9) cost for visual recording of intoxication arrest |
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before conviction (Art. 102.018, Code of Criminal Procedure) . . . |
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$15; |
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(10) cost of certain evaluations (Art. 102.018, Code |
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of Criminal Procedure) . . . actual cost; |
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(11) additional costs attendant to certain |
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intoxication convictions under Chapter 49, Penal Code, for |
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emergency medical services, trauma facilities, and trauma care |
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systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; |
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(12) additional costs attendant to certain child |
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sexual assault and related convictions, for child abuse prevention |
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programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; |
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(13) cost for DNA testing for certain felonies (Art. |
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102.020, Code of Criminal Procedure) . . . $250; |
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(14) court cost on an offense of public lewdness or |
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indecent exposure (Art. 102.020, Code of Criminal Procedure) . . . |
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$50; |
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(15) if required by the court, a restitution fee for |
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costs incurred in collecting restitution installments and for the |
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compensation to victims of crime fund (Art. 42.037, Code of |
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Criminal Procedure) . . . $12; [and] |
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(16) if directed by the justice of the peace or |
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municipal court judge hearing the case, court costs on conviction |
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in a criminal action (Art. 45.041, Code of Criminal Procedure) |
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. . . part or all of the costs as directed by the judge; |
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(17) costs attendant to convictions under Chapter 49, |
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Penal Code, and under Chapter 481, Health and Safety Code, to help |
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fund drug court programs established under Chapter 469, Health and |
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Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50; |
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and |
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(18) court cost on conviction of an offense relating |
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to the operation of a motor vehicle while intoxicated (Art. |
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102.018(e), Code of Criminal Procedure) . . . $10. |
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(b) Section 102.0215, Government Code, is repealed. |
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SECTION 4. Promptly after the effective date of this Act, |
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the governor shall appoint the executive commissioner for the |
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prevention of driving while intoxicated. In appointing the |
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executive commissioner, the governor shall appoint the person to a |
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term expiring February 1, 2011. |
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SECTION 5. This Act takes effect September 1, 2009. |