Texas 2009 - 81st Regular

Texas House Bill HB2389 Compare Versions

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1	1	By: Hernandez H.B. No. 2389
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to supplemental breath alcohol testing court costs and the
7	7	distribution of those costs in certain counties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 102, Code of Criminal
10	10	Procedure, is amended by adding Article 102.0161 to read as
11	11	follows:
12	12	Art. 102.0161. SUPPLEMENTAL COSTS FOR BREATH ALCOHOL
13	13	TESTING PROGRAM. (a) The custodians of municipal and county
14	14	treasuries may deposit funds collected under this article in
15	15	interest-bearing accounts and retain for the municipality or county
16	16	interest earned on the funds. The custodians shall keep records of
17	17	funds received and disbursed under this article and shall provide a
18	18	yearly report of all funds received and disbursed under this
19	19	article to the comptroller, to the Department of Public Safety, and
20	20	to each agency in the county served by the court that participates
21	21	in or maintains a certified breath alcohol testing program. The
22	22	comptroller shall approve the form of the report.
23	23	(b) On conviction of an offense under Section 49.04, 49.045,
24	24	49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code, the court shall
25	25	require the defendant to pay a $50 breath alcohol testing program
26	26	fee as a cost of court. The custodian of a municipal or county
27	27	treasury may retain $5 of each court cost collected under this
28	28	article for administrative costs. The custodian of a municipal or
29	29	county treasury in a county in which one or more certified breath
30	30	alcohol testing programs are maintained by the county or a
31	31	municipality that do not use the services of a certified technical
32	32	supervisor employed by the department may, to defray the costs of
33	33	hiring or contracting with a certified technical supervisor for the
34	34	program or programs or the costs of maintaining and supporting the
35	35	program or programs, retain the remaining $45 of each court cost
36	36	collected under this article, in addition to any other court cost
37	37	relating to a breath alcohol testing program to which the county is
38	38	entitled under Article 102.016 of this code or Section 133.102,
39	39	Local Government Code.
40	40	(c) A county that maintains one or more certified breath
41	41	alcohol testing programs that do not use the services of a certified
42	42	technical supervisor employed by the department shall provide to a
43	43	municipality in the county, on request, the services of a certified
44	44	technical supervisor if the municipality:
45	45	(1) has a population of more than 10,000; and
46	46	(2) does not use the services of a certified technical
47	47	supervisor employed by the department.
48	48	(d) The custodian of a municipal or county treasury in a
49	49	county in which two or more certified breath alcohol testing
50	50	programs are maintained by the county or a municipality that do not
51	51	use the services of a certified technical supervisor employed by
52	52	the department shall divide the court costs collected under this
53	53	article, other than the portion collected for administrative costs,
54	54	according to the percentage of breath alcohol tests performed on
55	55	persons who are suspected of committing an offense under Section
56	56	49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code,
57	57	by each of the testing programs in the county that employs or
58	58	contracts with a certified technical supervisor.
59	59	(e) In this article, a person is considered convicted if:
60	60	(1) a sentence is imposed on the person;
61	61	(2) the person receives community supervision or
62	62	deferred adjudication; or
63	63	(3) the court defers final disposition of the person's
64	64	case.
65	65	(f) The custodian of a municipal or county treasury shall
66	66	keep records of the amount of funds on deposit collected under this
67	67	article and send to each certified breath alcohol testing program
68	68	in the county that employs or contracts with a certified technical
69	69	supervisor, before the last day of the first month following each
70	70	calendar quarter, the appropriate portion of the court costs
71	71	collected under Subsection (d) for the preceding quarter.
72	72	(g) Not later than the last day of the first month following
73	73	each calendar quarter, the custodian of a municipal or county
74	74	treasury shall remit to the comptroller the funds collected under
75	75	this article during the preceding quarter, other than the amount
76	76	the municipality or county is authorized to retain for that period,
77	77	in a manner directed by the comptroller. The comptroller shall
78	78	deposit funds received under this subsection to the credit of the
79	79	breath alcohol testing account in the general revenue fund. The
80	80	legislature may appropriate money deposited to the credit of the
81	81	breath alcohol testing account in the general revenue fund under
82	82	this subsection to the Department of Public Safety for use by the
83	83	department in the implementation, administration, and maintenance
84	84	of the statewide certified breath alcohol testing program.
85	85	(h) Notwithstanding any other provision of this article, a
86	86	county that, before January 1, 2009, charged fees to a municipality
87	87	in the county to support the county's breath alcohol testing
88	88	program may continue to charge a fee to a municipality in the county
89	89	only to cover the portion of the costs of the breath alcohol testing
90	90	program not covered by other funds allocated to or retained by the
91	91	county for that purpose.
92	92	SECTION 2. Subchapter C, Chapter 102, Government Code, is
93	93	amended by adding Section 102.0412 to read as follows:
94	94	Sec. 102.0412. SUPPLEMENTAL BREATH ALCOHOL TESTING PROGRAM
95	95	FEE ON CONVICTION IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE.
96	96	The clerk of a district court shall collect from a defendant the fee
97	97	imposed under Article 102.0161(b), Code of Criminal Procedure, on
98	98	conviction.
99	99	SECTION 3. Subchapter D, Chapter 102, Government Code, is
100	100	amended by adding Section 102.0612 to read as follows:
101	101	Sec. 102.0612. SUPPLEMENTAL BREATH ALCOHOL TESTING PROGRAM
102	102	FEE ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL
103	103	PROCEDURE. The clerk of a statutory county court shall collect from
104	104	a defendant the fee imposed under Article 102.0161(b), Code of
105	105	Criminal Procedure, on conviction.
106	106	SECTION 4. Subchapter E, Chapter 102, Government Code, is
107	107	amended by adding Section 102.0812 to read as follows:
108	108	Sec. 102.0812. SUPPLEMENTAL BREATH ALCOHOL TESTING PROGRAM
109	109	FEE ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The
110	110	clerk of a county court shall collect from a defendant the fee
111	111	imposed under Article 102.0161(b), Code of Criminal Procedure, on
112	112	conviction.
113	113	SECTION 5. The change in law made by this Act applies only
114	114	to a fee collected on conviction of an offense committed on or after
115	115	the effective date of this Act. A fee collected on conviction of an
116	116	offense committed before the effective date of this Act is covered
117	117	by the law in effect when the offense was committed, and the former
118	118	law is continued in effect for that purpose. For purposes of this
119	119	section, an offense was committed before the effective date of this
120	120	Act if any element of the offense occurred before that date.
121	121	SECTION 6. This Act takes effect September 1, 2009.