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A BILL TO BE ENTITLED
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AN ACT
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relating to breath alcohol testing court costs and the distribution |
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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. Article 102.016, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsections (b-1), |
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(b-2), (e), and (f) to read as follows: |
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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 if the custodian complies with |
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Subsections (b-2) and (f). The custodian of a municipal or county |
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treasury in a county in which one or more [that maintains a] |
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certified breath alcohol testing programs are maintained by the |
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county or a municipality that do [program but does] not use the |
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services of a certified technical supervisor employed by the |
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department may, to defray the costs of hiring or contracting with a |
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certified technical supervisor for the [maintaining and supporting
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a certified alcohol breath testing] program or programs, retain the |
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remaining $45 [$22.50] of each court cost collected under this |
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article, in addition to any other court cost relating to a breath |
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alcohol testing program to which the county is entitled under |
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Section 133.102, Local Government Code [Article 102.075 on
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conviction of an offense under Chapter 49, Penal Code, other than an
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offense that is a Class C misdemeanor]. |
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(b-1) 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; |
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(2) operates a certified breath alcohol testing |
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program for which the municipality does not have its own certified |
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technical supervisor; and |
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(3) does not use the services of a certified technical |
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supervisor employed by the department. |
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(b-2) 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 in |
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the course of law enforcement by each of the testing programs in the |
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county that employs or contracts with a certified technical |
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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 (b-2) for the preceding quarter. |
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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. BREATH ALCOHOL TESTING PROGRAM FEE ON |
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CONVICTION IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The |
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clerk of a district court shall collect from a defendant the fee |
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imposed under Article 102.016(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. BREATH ALCOHOL TESTING PROGRAM FEE ON |
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CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. |
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The clerk of a statutory county court shall collect from a defendant |
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the fee imposed under Article 102.016(b), Code of Criminal |
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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. BREATH ALCOHOL TESTING PROGRAM FEE ON |
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CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk |
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of a county court shall collect from a defendant the fee imposed |
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under Article 102.016(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. |