Bill Text: TX SB383 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the imposition and use of certain court costs for breath alcohol testing programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-02 - Referred to Criminal Justice [SB383 Detail]
Download: Texas-2011-SB383-Introduced.html
82R3660 JSC-D | ||
By: Harris | S.B. No. 383 |
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relating to the imposition and use of certain court costs for breath | ||
alcohol testing programs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 102.016(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) On conviction of an offense under Section 49.04, 49.045, | ||
49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code, the court shall | ||
require the defendant to pay a $45 breath alcohol testing program | ||
fee as a cost of court. The custodian of a municipal or county | ||
treasury in a county that maintains a certified breath alcohol | ||
testing program but does not use the services of a certified | ||
technical supervisor employed by the department may, to defray the | ||
costs of maintaining and supporting the [ |
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under this article, in addition to any other court cost relating to | ||
a breath alcohol testing program to which the county is entitled | ||
under Section 133.102, Local Government Code[ |
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SECTION 2. Subchapter C, Chapter 102, Government Code, is | ||
amended by adding Section 102.0413 to read as follows: | ||
Sec. 102.0413. BREATH ALCOHOL TESTING PROGRAM FEE ON | ||
CONVICTION IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The | ||
clerk of a district court shall collect from a defendant a breath | ||
alcohol testing program fee of $45 imposed under Article | ||
102.016(b), Code of Criminal Procedure, on conviction. | ||
SECTION 3. Subchapter D, Chapter 102, Government Code, is | ||
amended by adding Section 102.0613 to read as follows: | ||
Sec. 102.0613. BREATH ALCOHOL TESTING PROGRAM FEE ON | ||
CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. | ||
The clerk of a statutory county court shall collect from a defendant | ||
a breath alcohol testing program fee of $45 imposed under Article | ||
102.016(b), Code of Criminal Procedure, on conviction. | ||
SECTION 4. Subchapter E, Chapter 102, Government Code, is | ||
amended by adding Section 102.0813 to read as follows: | ||
Sec. 102.0813. BREATH ALCOHOL TESTING PROGRAM FEE ON | ||
CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk | ||
of a county court shall collect from a defendant a breath alcohol | ||
testing program fee of $45 imposed under Article 102.016(b), Code | ||
of Criminal Procedure, on conviction. | ||
SECTION 5. The change in law made by this Act applies only | ||
to a fee collected on conviction of an offense committed on or after | ||
the effective date of this Act. A fee collected on conviction of 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 occurred before that date. | ||
SECTION 6. This Act takes effect September 1, 2011. |