S.B. No. 953

AN ACT

relating to the conditions for granting an occupational license to certain persons, the monitoring of those persons by a local community supervision and corrections department, and the fees associated with department services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter L, Chapter 521, Transportation Code, is amended by adding Sections 521.2461 and 521.2462 to read as follows:

Sec. 521.2461. TESTING FOR ALCOHOL OR CONTROLLED SUBSTANCES. The court granting an occupational license under this subchapter may require as a condition of the license that the person submit to periodic testing for alcohol or controlled substances, to be conducted by an entity specified by the court, if the person's license has been suspended under Chapter 524 or 724 or as a result of the person's conviction of an offense involving the operation of a motor vehicle while intoxicated.

Sec. 521.2462. SUPERVISION OF PERSON ISSUED OCCUPATIONAL DRIVER'S LICENSE. (a) The court granting an occupational license under this subchapter may order the person receiving the license to:

(1) submit to supervision by the local community supervision and corrections department to verify compliance with the conditions specified by the order granting the license, including the conditions specified in accordance with Section 521.248; and

(2) pay a monthly administrative fee under Section 76.015, Government Code.

(b) The court may order the supervision to continue until the end of the period of suspension of the person's driver's license, including any extensions of that period.

(c) The court for good cause may modify or terminate supervision before the end of the period of license suspension.

SECTION 2. Subsection (a), Section 521.248, Transportation Code, is amended to read as follows:

(a) An order granting an occupational license must specify:

(1) the hours of the day and days of the week during which the person may operate a motor vehicle;

(2) the reasons for which the person may operate a motor vehicle; [and]

(3) areas or routes of travel permitted;

(4) that the person is restricted to the operation of a motor vehicle equipped with an ignition interlock device, if applicable; and

(5) that the person must submit to periodic testing for alcohol or controlled substances, if applicable.

SECTION 3. Subsection (c), Section 76.015, Government Code, is amended to read as follows:

(c) A department may assess a reasonable administrative fee of not less than $25 and not more than $60 [$40] per month on an individual who participates in a department program or receives department services and who is not paying a monthly fee under Section 19, Article 42.12, Code of Criminal Procedure.

SECTION 4. Section 103.0211, Government Code, is amended to read as follows:

Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Government Code if ordered by the court or otherwise required:

(1) a court reporter fee when testimony is taken:

(A) in a criminal court in Dallas County (Sec. 25.0593, Government Code) . . . $3;

(B) in a county criminal court of appeals in Dallas County (Sec. 25.0594, Government Code) . . . $3;

(C) in a county court at law in McLennan County (Sec. 25.1572, Government Code) . . . $3; and

(D) in a county criminal court in Tarrant County (Sec. 25.2223, Government Code) . . . $3;

(2) a court reporter service fee if the courts have official court reporters (Sec. 51.601, Government Code) . . . $15 or, in specified counties, $30;

(3) a speedy trial filing fee in El Paso County (Sec. 54.745, Government Code) . . . $100;

(4) costs for use of magistrate in Brazos County (Sec. 54.1116, Government Code) . . . not to exceed $50;

(5) the costs of a criminal magistrate if the court determines that the nonprevailing party is able to defray the costs:

(A) in Bexar County (Sec. 54.913, Government Code) . . . magistrate's fees;

(B) in Dallas County (Sec. 54.313, Government Code) . . . magistrate's fees;

(C) in Lubbock County (Sec. 54.883, Government Code) . . . magistrate's fees;

(D) in Tarrant County (Sec. 54.663, Government Code) . . . magistrate's fees;

(E) in Travis County (Sec. 54.983, Government Code) . . . magistrate's fees; and

(F) in Williamson County (Sec. 54.958, Government Code) . . . expense of the magistrate;

(6) an administrative fee for participation in certain community supervision programs (Sec. 76.015, Government Code) . . . not less than $25 and not more than $60 [$40] per month; and

(7) fee paid on filing a petition for an order of nondisclosure of criminal history record information in certain cases (Sec. 411.081, Government Code) . . . $28.

SECTION 5. Sections 521.2461 and 521.2462, Transportation Code, as added by this Act, and Subsection (a), Section 521.248, Transportation Code, as amended by this Act, apply only to a person whose license is suspended as a result of an offense that is committed or conduct that occurs on or after the effective date of this Act. A person whose license is suspended as a result of an offense that was committed or conduct that occurred before the effective date of this Act is covered by the law in effect when the offense was committed or the conduct occurred, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2011.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 953 passed the Senate on April 28, 2011, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 953 passed the House on May 20, 2011, by the following vote: Yeas 147, Nays 2, one present not voting.

______________________________ Chief Clerk of the House

Approved:

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Date

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Governor