81R3070 JSC-D
 
  By: Carona S.B. No. 333
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the retention by a county or municipality of certain
  court costs for maintaining and supporting a certified breath
  alcohol testing program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 102.016(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The custodian of a municipal or county treasury in a
  county that maintains a certified breath alcohol testing program
  but does not use the services of a certified technical supervisor
  employed by the department may, to defray the costs of maintaining
  and supporting a certified breath alcohol [breath] testing program,
  retain $22.50 of each court cost collected under Section 133.102,
  Local Government Code, [Article 102.075] on conviction of an
  offense under Chapter 49, Penal Code, other than an offense that is
  a Class C misdemeanor.
         SECTION 2.  (a)  The change in law made by this Act applies
  only to a court cost collected on or after the effective date of
  this Act. A court cost collected before the effective date of this
  Act is governed by the law in effect when the court cost was
  collected, and the law is continued in effect for that purpose.
         (b)  Notwithstanding Subsection (a) of this section, the
  custodian of a municipal or county treasury may retain any amount
  retained under Article 102.016(b), Code of Criminal Procedure,
  before the effective date of this Act to maintain and support a
  certified breath alcohol testing program.
         SECTION 3.  This Act takes effect September 1, 2009.