Bill Text: TX HB24 | 2013-2014 | 83rd Legislature | Comm Sub

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Bill Title: Relating to the appointment and duties of and the funding for a policy director for the prevention of driving while intoxicated; imposing a fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-05-07 - Committee report sent to Calendars [HB24 Detail]

Download: Texas-2013-HB24-Comm_Sub.html

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83R26663 JSC-D
By: Martinez Fischer H.B. No. 24
Substitute the following for H.B. No. 24:
By: Pickett C.S.H.B. No. 24

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