By: Whitmire  S.B. No. 1323
         (In the Senate - Filed March 4, 2009; March 17, 2009, read
  first time and referred to Committee on Criminal Justice;
  April 20, 2009, reported favorably by the following vote:  Yeas 6,
  Nays 1; April 20, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the amount of a surcharge assessed on conviction of
  certain intoxicated driver offenses on the driver's license of
  certain persons who complete a drug court program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 469, Health and Safety Code, is amended
  by adding Section 469.010 to read as follows:
         Sec. 469.010.  REDUCTION IN AMOUNT OF ANNUAL SURCHARGE ON
  SUCCESSFUL COMPLETION OF DRUG COURT PROGRAM.  (a)  A judge or
  magistrate administering a drug court program under this chapter
  may order the Department of Public Safety to reduce the amount of
  the annual surcharge assessed under Section 708.102,
  Transportation Code, on the license of a person finally convicted
  of an offense relating to the operating of a motor vehicle while
  intoxicated to an amount that may not be less than 20 percent of the
  amount specified by that section, if the judge or magistrate enters
  a written finding in the papers in the case indicating that the
  person:
               (1)  successfully completed a drug court program under
  this chapter; and
               (2)  has not been arrested for an offense under Section
  49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code,
  during the 180 days after the date of the program completion.
         (b)  On a timely request by the defendant, the judge or
  magistrate shall enter the written findings under Subsection (a)
  and promptly send a copy of those findings to the Department of
  Public Safety accompanied by the court's order to reduce the amount
  of the annual surcharge assessed under Section 708.102,
  Transportation Code.  On receipt of a copy of the written findings
  under this subsection, the Department of Public Safety shall reduce
  the amount of the surcharge assessed to the amount specified in the
  court's order.
         SECTION 2.  The change in law made by this Act applies to a
  person who, on or after the effective date of this Act, enters a
  drug court program under Chapter 469, Health and Safety Code,
  regardless of whether the person committed the offense for which
  the person enters the program before, on, or after the effective
  date of this Act.
         SECTION 3.  This Act takes effect September 1, 2009.
 
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