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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of pretrial intervention and certain |
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other programs by a community supervision and corrections |
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department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 76.011, Government Code, is amended to |
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read as follows: |
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Sec. 76.011. OPERATION OF CERTAIN [PRETRIAL] SERVICES AND |
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PROGRAMS. (a) The department may operate programs for: |
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(1) the supervision and rehabilitation of persons in |
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pretrial intervention programs; |
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(2) the supervision of persons released on bail under: |
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(A) Chapter 11, Code of Criminal Procedure; |
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(B) Chapter 17, Code of Criminal Procedure; |
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(C) Article 44.04, Code of Criminal Procedure; or |
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(D) any other law; |
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(3) the supervision of a person subject to, or the |
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verification of compliance with, a court order issued under: |
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(A) Article 17.441, Code of Criminal Procedure, |
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requiring a person to install a deep-lung breath analysis mechanism |
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on each vehicle owned or operated by the person; |
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(B) Chapter 469, Health and Safety Code, issuing |
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an occupational driver's license; |
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(C) Section 49.09(h), Penal Code, requiring a |
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person to install a deep-lung breath analysis mechanism on each |
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vehicle owned or operated by the person; or |
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(D) Subchapter L, Chapter 521, Transportation |
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Code, granting a person an occupational driver's license; and |
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(4) the supervision of a person not otherwise |
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described by Subdivision (1), (2), or (3), if a court orders the |
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person to submit to the supervision of, or to receive services from, |
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the department. |
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(b) Except as otherwise provided by this subsection, |
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programs operated by the department under Subsection (a) [Programs] |
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may include reasonable conditions related to the purpose of the |
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program, including testing for controlled substances. If this |
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subsection conflicts with a more specific provision of another law, |
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the other law prevails. |
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(c) A person in a pretrial intervention program operated by |
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the department under Subsection (a) may be supervised for a period |
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not to exceed two years. |
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(d) [(b)] The department may use money deposited in the |
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special fund of the county treasury for the department under |
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Article 103.004(d) [103.004(b)], Code of Criminal Procedure, only |
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for the same purposes for which state aid may be used under this |
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chapter. |
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SECTION 2. Section 76.015(c), Government Code, is amended |
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to read as follows: |
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(c) A department may assess a reasonable administrative fee |
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of not less than $25 and not more than $60 [$40] per month on an |
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individual who participates in a [department] program operated by |
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the department or receives [department] services from the |
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department and who is not paying a monthly fee under Section 19, |
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Article 42.12, Code of Criminal Procedure. |
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SECTION 3. Section 103.0211, Government Code, is amended to |
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read as follows: |
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Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party |
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to a civil suit, as applicable, shall pay the following fees and |
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costs under the Government Code if ordered by the court or otherwise |
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required: |
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(1) a court reporter fee when testimony is taken: |
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(A) in a criminal court in Dallas County (Sec. |
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25.0593, Government Code) . . . $3; |
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(B) in a county criminal court of appeals in |
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Dallas County (Sec. 25.0594, Government Code) . . . $3; |
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(C) in a county court at law in McLennan County |
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(Sec. 25.1572, Government Code) . . . $3; and |
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(D) in a county criminal court in Tarrant County |
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(Sec. 25.2223, Government Code) . . . $3; |
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(2) a court reporter service fee if the courts have |
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official court reporters (Sec. 51.601, Government Code) . . . $15 |
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or, in specified counties, $30; |
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(3) a speedy trial filing fee in El Paso County (Sec. |
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54.745, Government Code) . . . $100; |
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(4) costs for use of magistrate in Brazos County (Sec. |
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54.1116, Government Code) . . . not to exceed $50; |
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(5) the costs of a criminal magistrate if the court |
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determines that the nonprevailing party is able to defray the |
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costs: |
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(A) in Bexar County (Sec. 54.913, Government |
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Code) . . . magistrate's fees; |
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(B) in Dallas County (Sec. 54.313, Government |
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Code) . . . magistrate's fees; |
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(C) in Lubbock County (Sec. 54.883, Government |
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Code) . . . magistrate's fees; |
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(D) in Tarrant County (Sec. 54.663, Government |
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Code) . . . magistrate's fees; |
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(E) in Travis County (Sec. 54.983, Government |
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Code) . . . magistrate's fees; and |
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(F) in Williamson County (Sec. 54.958, |
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Government Code) . . . expense of the magistrate; |
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(6) an administrative fee for participation in certain |
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community supervision programs (Sec. 76.015, Government Code) . . . |
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not less than $25 and not more than $60 [$40] per month; and |
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(7) fee paid on filing a petition for an order of |
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nondisclosure of criminal history record information in certain |
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cases (Sec. 411.081, Government Code) . . . $28. |
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SECTION 4. (a) Section 76.015(c), Government Code, as |
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amended by this Act, applies to a person who participates in a |
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program operated by, or receives services from, a community |
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supervision and corrections department in any month the first day |
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of which occurs on or after the effective date of this Act, |
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regardless of when the person first participated in a program |
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operated by, or received services from, a community supervision and |
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corrections department. |
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(b) Section 51.607(c), Government Code, does not apply to |
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the change in the amount of a fee imposed under Section 76.015(c), |
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Government Code, as amended by this Act. |
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SECTION 5. This Act takes effect September 1, 2011. |