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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition and use of certain court costs for breath |
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alcohol testing programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 102.016(b), Code of Criminal Procedure, |
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is amended 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 $45 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 in a county that maintains a certified breath alcohol |
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testing program but does not use the services of a certified |
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technical supervisor employed by the department may, to defray the |
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costs of maintaining and supporting the [a certified breath alcohol
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testing] program, retain [$22.50 of] each court cost collected |
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under this article, in addition to any other court cost relating to |
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a breath alcohol testing program to which the county is entitled |
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under Section 133.102, Local Government Code[, on conviction of an
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offense under Chapter 49, Penal Code, other than an offense that is
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a Class C misdemeanor]. |
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SECTION 2. Subchapter C, Chapter 102, Government Code, is |
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amended by adding Section 102.0413 to read as follows: |
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Sec. 102.0413. 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 a breath |
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alcohol testing program fee of $45 imposed under Article |
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102.016(b), Code of Criminal Procedure, on conviction. |
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SECTION 3. Subchapter D, Chapter 102, Government Code, is |
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amended by adding Section 102.0613 to read as follows: |
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Sec. 102.0613. 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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a breath alcohol testing program fee of $45 imposed under Article |
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102.016(b), Code of Criminal Procedure, on conviction. |
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SECTION 4. Subchapter E, Chapter 102, Government Code, is |
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amended by adding Section 102.0813 to read as follows: |
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Sec. 102.0813. 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 a breath alcohol |
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testing program fee of $45 imposed under Article 102.016(b), Code |
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of Criminal Procedure, on 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, 2011. |