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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of a surcharge assessed on conviction of |
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certain offenses relating to the operating of a motor vehicle while |
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intoxicated against the driver's license of certain persons who |
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complete a drug court program or an alcohol or drug treatment |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 708.102, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsections (e) and (f) to |
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read as follows: |
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(b) Except as provided by Subsection (e), each [Each] year |
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the department shall assess a surcharge on the license of each |
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person who during the preceding 36-month period has been finally |
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convicted of an offense relating to the operating of a motor vehicle |
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while intoxicated. |
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(e) The department may not assess a surcharge on the license |
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of a person convicted of an offense relating to the operating of a |
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motor vehicle while intoxicated who: |
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(1) has not previously been convicted of an offense |
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relating to the operating of a motor vehicle while intoxicated; and |
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(2) successfully completes a drug court program or an |
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alcohol or drug treatment program, as required by the convicting |
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court. |
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(f) If a person described by Subsection (e) is subsequently |
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convicted of an offense relating to the operating of a motor vehicle |
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while intoxicated within a 36-month period after the successful |
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completion of the program described by Subsection (e)(2): |
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(1) the department shall assess the appropriate |
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surcharge on the person's license under Subsection (c) for that |
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subsequent conviction; and |
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(2) the conviction for which the person was ordered to |
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complete the program described by Subsection (e)(2) shall be |
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considered a previous conviction for purposes of enhancement of the |
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amount of the surcharge under Subsection (c)(1). |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |