|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to certain fees associated with the installation and |
|
monitoring of an ethyl alcohol testing device as a condition of |
|
bond. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 17.40, Code of Criminal Procedure, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) If the magistrate imposes a condition of bond requiring |
|
a defendant to have installed in the defendant's home or on a |
|
vehicle owned or operated by the defendant a deep-lung breath |
|
analysis mechanism to detect ethyl alcohol in the breath of the |
|
defendant, the magistrate may designate an appropriate agency to |
|
verify the installation of the device and to monitor the device. If |
|
the magistrate designates an agency under this subsection, in each |
|
month during which the agency verifies the installation of the |
|
device or provides a monitoring service, the defendant shall pay a |
|
fee to the designated agency in the amount set by the magistrate. |
|
The defendant shall pay the initial fee at the time the agency |
|
verifies the installation of the device. In each subsequent month |
|
during which the defendant is required to pay a fee, the defendant |
|
shall pay the fee on the first occasion in that month that the |
|
agency provides a monitoring service. The magistrate shall set the |
|
fee in an amount not to exceed $10 as determined by the county |
|
auditor, or by the commissioners court of the county if the county |
|
does not have a county auditor, to be sufficient to cover the cost |
|
incurred by the designated agency in conducting the verification or |
|
providing the monitoring service. |
|
SECTION 2. Section 76.011(a), Government Code, is amended |
|
to read as follows: |
|
(a) The department may operate programs for: |
|
(1) the supervision and rehabilitation of persons in |
|
pretrial intervention programs; |
|
(2) the supervision of persons released on bail under: |
|
(A) Chapter 11, Code of Criminal Procedure; |
|
(B) Chapter 17, Code of Criminal Procedure; |
|
(C) Article 44.04, Code of Criminal Procedure; or |
|
(D) any other law; |
|
(3) the supervision of a person subject to, or the |
|
verification of compliance with, a court order issued under: |
|
(A) Article 17.40(c), Code of Criminal |
|
Procedure, requiring a person to install a deep-lung breath |
|
analysis mechanism in a person's home or on a vehicle owned or |
|
operated by the person; |
|
(B) Article 17.441, Code of Criminal Procedure, |
|
requiring a person to install a deep-lung breath analysis mechanism |
|
on each vehicle owned or operated by the person; |
|
(C) [(B)] Chapter 469, Health and Safety Code, |
|
issuing an occupational driver's license; |
|
(D) [(C)] Section 49.09(h), Penal Code, |
|
requiring a person to install a deep-lung breath analysis mechanism |
|
on each vehicle owned or operated by the person; or |
|
(E) [(D)] Subchapter L, Chapter 521, |
|
Transportation Code, granting a person an occupational driver's |
|
license; and |
|
(4) the supervision of a person not otherwise |
|
described by Subdivision (1), (2), or (3), if a court orders the |
|
person to submit to the supervision of, or to receive services from, |
|
the department. |
|
SECTION 3. Subchapter B, Chapter 103, Government Code, is |
|
amended by adding Section 103.02101 to read as follows: |
|
Sec. 103.02101. ADDITIONAL FEES IN CERTAIN CRIMINAL CASES: |
|
CODE OF CRIMINAL PROCEDURE. A defendant who is ordered by the court |
|
to have installed an alcohol monitoring device under Article 17.40, |
|
Code of Criminal Procedure, shall pay a fee in an amount set by a |
|
magistrate not to exceed $10 for each verification of installation |
|
or monitoring service conducted by a designated agency. |
|
SECTION 4. This Act takes effect September 1, 2013. |