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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment and duties of and the funding for a |
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policy director for the prevention of driving while intoxicated; |
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imposing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Government Code, is amended |
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by adding Chapter 423 to read as follows: |
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CHAPTER 423. DRIVING WHILE INTOXICATED PREVENTION |
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Sec. 423.001. DEFINITION. In this chapter, "offense |
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relating to the operating of a motor vehicle while intoxicated" has |
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the meaning assigned by Section 49.09(c), Penal Code. |
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Sec. 423.002. OFFICE OF POLICY DIRECTOR FOR PREVENTION OF |
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DRIVING WHILE INTOXICATED. (a) The policy director for the |
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prevention of driving while intoxicated is a state officeholder |
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appointed by the governor with the advice and consent of the senate. |
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(b) The policy director serves a two-year term that expires |
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September 1 of each odd-numbered year. |
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(c) The policy director is administratively attached to the |
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governor's office. |
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(d) The policy director shall: |
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(1) monitor driving while intoxicated data collected |
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in this state, including data relating to: |
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(A) driving fatalities involving intoxicated |
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drivers; and |
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(B) automatic driver's license suspensions by |
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the Department of Public Safety for convictions of an offense |
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relating to the operating of a motor vehicle while intoxicated; |
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(2) monitor other states for laws and programs that |
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have been successful in reducing the occurrence of offenses |
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relating to the operating of a motor vehicle while intoxicated; and |
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(3) work with the Texas Department of Transportation, |
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the Department of Public Safety, and the Department of State Health |
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Services to reduce alcoholism, recidivism, and the occurrence of |
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offenses relating to the operating of a motor vehicle while |
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intoxicated in this state. |
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(e) Not later than January 1 of each odd-numbered year, the |
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policy director shall submit a report to the legislature that: |
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(1) describes the success of state laws and programs |
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in reducing the occurrence of offenses relating to the operating of |
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a motor vehicle while intoxicated; and |
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(2) recommends legislation relating to the prevention |
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of those offenses in this state. |
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(f) The policy director may adopt rules necessary to |
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implement this section. |
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Sec. 423.003. DRIVING WHILE INTOXICATED PREVENTION |
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ACCOUNT; COLLECTION OF CERTAIN FEES. (a) The driving while |
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intoxicated prevention account is an account in the general revenue |
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fund. The account consists of: |
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(1) money deposited to the credit of the account |
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derived from court costs imposed under Article 102.018(e), Code of |
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Criminal Procedure; |
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(2) money from gifts or grants from any source, |
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including the United States, regional or local governments, |
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educational institutions, or private sources; and |
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(3) interest earned on the investment of money in the |
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account and depository interest allocable to the account. |
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(b) Money in the driving while intoxicated prevention |
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account may be appropriated only for the support of the office of |
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the policy director for the prevention of driving while intoxicated |
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and for programs approved by the policy director for the prevention |
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of offenses relating to the operating of a motor vehicle while |
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intoxicated in this state. |
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(c) The driving while intoxicated prevention account is |
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exempt from the application of Section 403.095. Interest earned on |
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money in the account shall be credited to the account. |
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Sec. 423.004. SUNSET PROVISION. The office of the policy |
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director for the prevention of driving while intoxicated is subject |
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to Chapter 325 (Texas Sunset Act) as if it were a state agency. |
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Unless continued in existence as provided by that chapter, the |
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position is abolished and this chapter expires September 1, 2015. |
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SECTION 2. Article 102.018, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e) On the conviction of an offense relating to the |
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operating of a motor vehicle while intoxicated, as defined by |
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Section 49.09(c)(1)(A) or (B), Penal Code, the court shall impose a |
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cost of $10 on a defendant. A cost imposed under this subsection is |
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in addition to a cost imposed under Subsection (a), (b), or (c). |
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Each cost collected under this subsection shall be deposited to the |
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credit of the driving while intoxicated prevention account under |
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Section 423.003, Government Code. |
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SECTION 3. Subchapter B, Chapter 102, Government Code, is |
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amended by adding Section 102.0215 to read as follows: |
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Sec. 102.0215. ADDITIONAL COURT COSTS: CODE OF CRIMINAL |
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PROCEDURE. A defendant who is convicted of an offense relating to |
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the operating of a motor vehicle while intoxicated shall pay a cost |
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on conviction, in addition to all other costs, to help fund the |
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prevention of driving while intoxicated under Chapter 423, |
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Government Code (Art. 102.018(e), Code of Criminal Procedure) . . . |
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$10. |
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SECTION 4. Promptly after the effective date of this Act, |
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the governor shall appoint the policy director for the prevention |
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of driving while intoxicated. In appointing the policy director, |
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the governor shall appoint the person to a term expiring September |
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1, 2015. |
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SECTION 5. Article 102.018(e), Code of Criminal Procedure, |
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as added by this Act, applies only to a cost on conviction for an |
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offense committed on or after the effective date of this Act. 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 was committed before that date. |
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SECTION 6. This Act takes effect September 1, 2013. |