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A BILL TO BE ENTITLED
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AN ACT
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relating to certain fees associated with the installation and |
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monitoring of an ethyl alcohol testing device as a condition of |
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bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.40, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) If the magistrate imposes a condition of bond requiring |
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a defendant to have installed in the defendant's home or on a |
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vehicle owned or operated by the defendant a deep-lung breath |
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analysis mechanism to detect ethyl alcohol in the breath of the |
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defendant, the magistrate may designate an appropriate agency to |
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verify the installation of the device and to monitor the device. If |
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the magistrate designates an agency under this subsection, in each |
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month during which the agency verifies the installation of the |
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device or provides a monitoring service, the defendant shall pay a |
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fee to the designated agency in the amount set by the magistrate. |
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The defendant shall pay the initial fee at the time the agency |
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verifies the installation of the device. In each subsequent month |
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during which the defendant is required to pay a fee, the defendant |
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shall pay the fee on the first occasion in that month that the |
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agency provides a monitoring service. The magistrate shall set the |
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fee in an amount not to exceed $10 as determined by the county |
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auditor, or by the commissioners court of the county if the county |
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does not have a county auditor, to be sufficient to cover the cost |
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incurred by the designated agency in conducting the verification or |
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providing the monitoring service. |
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SECTION 2. Section 76.011(a), Government Code, is amended |
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to read as follows: |
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(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 17.40(c), Code of Criminal |
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Procedure, requiring a person to install a deep-lung breath |
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analysis mechanism in a person's home or on a vehicle owned or |
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operated by the person; |
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(B) 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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(C) [(B)] Chapter 469, Health and Safety Code, |
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issuing an occupational driver's license; |
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(D) [(C)] Section 49.09(h), Penal Code, |
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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; or |
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(E) [(D)] Subchapter L, Chapter 521, |
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Transportation Code, granting a person an occupational driver's |
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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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SECTION 3. Subchapter B, Chapter 103, Government Code, is |
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amended by adding Section 103.02101 to read as follows: |
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Sec. 103.02101. ADDITIONAL FEES IN CERTAIN CRIMINAL CASES: |
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CODE OF CRIMINAL PROCEDURE. A defendant who is ordered by the court |
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to have installed an alcohol monitoring device under Article 17.40, |
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Code of Criminal Procedure, shall pay a fee in an amount set by a |
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magistrate not to exceed $10 for each verification of installation |
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or monitoring service conducted by a designated agency. |
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SECTION 4. This Act takes effect September 1, 2013. |