By: Carona S.B. No. 333

(In the Senate - Filed December 2, 2008; February 11, 2009, read first time and referred to Committee on Transportation and Homeland Security; March 9, 2009, reported favorably by the following vote: Yeas 8, Nays 0; March 9, 2009, sent to printer.)

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. Subsection (b), Article 102.016, 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 Subsection (b), Article 102.016, 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.

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