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A BILL TO BE ENTITLED
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AN ACT
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relating to supplemental breath alcohol testing court costs and the |
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distribution of those costs in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0161 to read as |
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follows: |
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Art. 102.0161. SUPPLEMENTAL COSTS FOR BREATH ALCOHOL |
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TESTING PROGRAM. (a) The custodians of municipal and county |
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treasuries may deposit funds collected under this article in |
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interest-bearing accounts and retain for the municipality or county |
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interest earned on the funds. The custodians shall keep records of |
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funds received and disbursed under this article and shall provide a |
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yearly report of all funds received and disbursed under this |
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article to the comptroller, the Department of Public Safety, and to |
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each agency in the county served by the court that participates in |
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or maintains a certified breath alcohol testing program. The |
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comptroller shall approve the form of the report. |
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(b) On conviction of an offense under Section 49.04, 49.045, |
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49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code, the court shall |
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require the defendant to pay a $50 breath alcohol testing program |
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fee as a cost of court. The custodian of a municipal or county |
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treasury may retain $5 of each court cost collected under this |
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article for administrative costs. The custodian of a municipal or |
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county treasury in a county in which one or more certified breath |
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alcohol testing programs are maintained by the county or a |
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municipality that do not use the services of a certified technical |
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supervisor employed by the department may, to defray the costs of |
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hiring or contracting with a certified technical supervisor for the |
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program or programs or the costs of maintaining and supporting the |
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program or programs, retain the remaining $45 of each court cost |
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collected under this article, in addition to any other court cost |
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relating to a breath alcohol testing program to which the county is |
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entitled under Article 102.016 of this code or Section 133.102, |
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Local Government Code. |
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(c) A county that maintains one or more certified breath |
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alcohol testing programs that do not use the services of a certified |
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technical supervisor employed by the department shall provide to a |
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municipality in the county, on request, the services of a certified |
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technical supervisor if the municipality: |
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(1) has a population of more than 10,000; and |
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(2) does not use the services of a certified technical |
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supervisor employed by the department. |
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(d) The custodian of a municipal or county treasury in a |
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county in which two or more certified breath alcohol testing |
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programs are maintained by the county or a municipality that do not |
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use the services of a certified technical supervisor employed by |
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the department shall divide the court costs collected under this |
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article, other than the portion collected for administrative costs, |
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according to the percentage of breath alcohol tests performed on |
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persons who are suspected of committing an offense under Section |
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49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code, |
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by each of the testing programs in the county that employs or |
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contracts with a certified technical supervisor. |
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(e) In this article, a person is considered convicted if: |
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(1) a sentence is imposed on the person; |
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(2) the person receives community supervision or |
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deferred adjudication; or |
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(3) the court defers final disposition of the person's |
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case. |
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(f) The custodian of a municipal or county treasury shall |
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keep records of the amount of funds on deposit collected under this |
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article and send to each certified breath alcohol testing program |
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in the county that employs or contracts with a certified technical |
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supervisor, before the last day of the first month following each |
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calendar quarter, the appropriate portion of the court costs |
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collected under Subsection (d) for the preceding quarter. |
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(g) Not later than the last day of the first month following |
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each calendar quarter, the custodian of a municipal or county |
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treasury shall remit to the comptroller the funds collected under |
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this article during the preceding quarter, other than the amount |
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the municipality or county is authorized to retain for that period, |
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in a manner directed by the comptroller. The comptroller shall |
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deposit funds received under this subsection to the credit of the |
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breath alcohol testing account in the general revenue fund. The |
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legislature may appropriate money deposited to the credit of the |
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breath alcohol testing account in the general revenue fund under |
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this subsection to the Department of Public Safety for use by the |
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department in the implementation, administration, and maintenance |
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of the statewide certified breath alcohol testing program. |
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(h) Notwithstanding any other provision of this article, a |
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county that, before January 1, 2009, charged fees to a municipality |
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in the county to support the county's breath alcohol testing |
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program may continue to charge a fee to a municipality in the county |
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only to cover the portion of the costs of the breath alcohol testing |
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program not covered by other funds allocated to or retained by the |
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county for that purpose. |
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SECTION 2. Subchapter C, Chapter 102, Government Code, is |
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amended by adding Section 102.0412 to read as follows: |
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Sec. 102.0412. SUPPLEMENTAL BREATH ALCOHOL TESTING PROGRAM |
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FEE ON CONVICTION IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. |
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The clerk of a district court shall collect from a defendant the fee |
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imposed under Article 102.0161(b), Code of Criminal Procedure, on |
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conviction. |
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SECTION 3. Subchapter D, Chapter 102, Government Code, is |
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amended by adding Section 102.0612 to read as follows: |
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Sec. 102.0612. SUPPLEMENTAL BREATH ALCOHOL TESTING PROGRAM |
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FEE ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL |
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PROCEDURE. The clerk of a statutory county court shall collect from |
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a defendant the fee imposed under Article 102.0161(b), Code of |
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Criminal Procedure, on conviction. |
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SECTION 4. Subchapter E, Chapter 102, Government Code, is |
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amended by adding Section 102.0812 to read as follows: |
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Sec. 102.0812. SUPPLEMENTAL BREATH ALCOHOL TESTING PROGRAM |
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FEE ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The |
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clerk of a county court shall collect from a defendant the fee |
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imposed under Article 102.0161(b), Code of Criminal Procedure, on |
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conviction. |
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SECTION 5. The change in law made by this Act applies only |
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to a fee collected on conviction of an offense committed on or after |
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the effective date of this Act. A fee collected on conviction of an |
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offense committed before the effective date of this Act is covered |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2009. |