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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of a surcharge assessed on conviction of |
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certain intoxicated driver offenses on the driver's license of |
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certain persons who complete a drug court program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 469, Health and Safety Code, is amended |
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by adding Section 469.010 to read as follows: |
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Sec. 469.010. REDUCTION IN AMOUNT OF ANNUAL SURCHARGE ON |
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SUCCESSFUL COMPLETION OF DRUG COURT PROGRAM. (a) A judge or |
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magistrate administering a drug court program under this chapter |
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may order the Department of Public Safety to reduce the amount of |
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the annual surcharge assessed under Section 708.102, |
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Transportation Code, on the license of a person finally convicted |
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of an offense relating to the operating of a motor vehicle while |
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intoxicated to an amount that may not be less than 20 percent of the |
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amount specified by that section, if the judge or magistrate enters |
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a written finding in the papers in the case indicating that the |
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person: |
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(1) successfully completed a drug court program under |
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this chapter; and |
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(2) has not been arrested for 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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during the 180 days after the date of the program completion. |
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(b) On a timely request by the defendant, the judge or |
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magistrate shall enter the written findings under Subsection (a) |
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and promptly send a copy of those findings to the Department of |
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Public Safety accompanied by the court's order to reduce the amount |
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of the annual surcharge assessed under Section 708.102, |
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Transportation Code. On receipt of a copy of the written findings |
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under this subsection, the Department of Public Safety shall reduce |
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the amount of the surcharge assessed to the amount specified in the |
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court's order. |
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SECTION 2. The change in law made by this Act applies to a |
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person who, on or after the effective date of this Act, enters a |
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drug court program under Chapter 469, Health and Safety Code, |
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regardless of whether the person committed the offense for which |
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the person enters the program before, on, or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |