Texas 2009 - 81st Regular

Texas House Bill HB286 Compare Versions

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1	1	81R2939 JSC-D
2	2	By: Martinez Fischer H.B. No. 286
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment and duties of and the funding for an
8	8	executive commissioner for the prevention of driving while
9	9	intoxicated.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 4, Government Code, is amended
12	12	by adding Chapter 423 to read as follows:
13	13	CHAPTER 423. DRIVING WHILE INTOXICATED PREVENTION
14	14	Sec. 423.001. EXECUTIVE COMMISSIONER FOR PREVENTION OF
15	15	DRIVING WHILE INTOXICATED. (a) The executive commissioner for the
16	16	prevention of driving while intoxicated is a state officeholder
17	17	appointed by the governor with the advice and consent of the senate.
18	18	(b) The executive commissioner serves a two-year term that
19	19	expires February 1 of each odd-numbered year.
20	20	(c) The executive commissioner is administratively attached
21	21	to the governor's office.
22	22	(d) The executive commissioner shall:
23	23	(1) monitor driving while intoxicated data collected
24	24	in this state, including data relating to:
25	25	(A) driving fatalities involving intoxicated
26	26	drivers; and
27	27	(B) automatic driver's license suspensions by
28	28	the Texas Department of Public Safety for convictions of an offense
29	29	under Section 49.04 or 49.045, Penal Code, or an offense under
30	30	Section 49.07 or 49.08 of that code that involved the operation of a
31	31	motor vehicle;
32	32	(2) monitor other states for laws and programs that
33	33	have been successful in reducing the number of driving while
34	34	intoxicated offenses committed in those states; and
35	35	(3) work with the Texas Department of Transportation,
36	36	the Department of Public Safety, and the Department of State Health
37	37	Services to reduce alcoholism, recidivism, and the number of
38	38	intoxication offenses committed in this state.
39	39	(e) Not later than January 1 of each odd-numbered year, the
40	40	executive commissioner shall submit a report to the legislature
41	41	that:
42	42	(1) describes the success of state laws and programs
43	43	in reducing the number of driving while intoxicated offenses; and
44	44	(2) recommends legislation relating to the prevention
45	45	of driving while intoxicated in this state.
46	46	(f) The executive commissioner may adopt rules as necessary
47	47	to implement this section.
48	48	Sec. 423.002. DRIVING WHILE INTOXICATED PREVENTION
49	49	ACCOUNT; COLLECTION OF CERTAIN FEES. (a) The driving while
50	50	intoxicated prevention account is an account in the general revenue
51	51	fund. The account consists of:
52	52	(1) money deposited to the credit of the account
53	53	derived from court costs imposed under Article 102.018(e), Code of
54	54	Criminal Procedure;
55	55	(2) money from gifts or grants from the United States,
56	56	regional or local governments, educational institutions, private
57	57	sources, or other sources; and
58	58	(3) interest earned on the investment of money in the
59	59	account and depository interest allocable to the account.
60	60	(b) Money in the driving while intoxicated prevention
61	61	account may be appropriated only for the support of the office of
62	62	the executive commissioner for the prevention of driving while
63	63	intoxicated and for programs approved by the executive commissioner
64	64	for the prevention of driving while intoxicated offenses in this
65	65	state.
66	66	(c) The driving while intoxicated prevention account is
67	67	exempt from the application of Sections 403.095 and 404.071.
68	68	SECTION 2. Article 102.018, Code of Criminal Procedure, is
69	69	amended by adding Subsection (e) to read as follows:
70	70	(e) On the conviction of an offense relating to the
71	71	operation of a motor vehicle while intoxicated, as defined by
72	72	Section 49.09(c)(1)(A) or (B), Penal Code, the court shall impose a
73	73	cost of $10 on a defendant. A cost imposed under this subsection is
74	74	in addition to a cost imposed under Subsection (a), (b), or (c).
75	75	Each cost collected under this subsection shall be deposited to the
76	76	credit of the driving while intoxicated prevention account under
77	77	Section 423.002, Government Code.
78	78	SECTION 3. (a) Section 102.021, Government Code, is
79	79	amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
80	80	Legislature, Regular Session, 2007, and is further amended to read
81	81	as follows:
82	82	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
83	83	PROCEDURE. A person convicted of an offense shall pay the following
84	84	under the Code of Criminal Procedure, in addition to all other
85	85	costs:
86	86	(1) court cost on conviction of any offense, other
87	87	than a conviction of an offense relating to a pedestrian or the
88	88	parking of a motor vehicle (Art. 102.0045, Code of Criminal
89	89	Procedure) . . . $4;
90	90	(2) a fee for services of prosecutor (Art. 102.008,
91	91	Code of Criminal Procedure) . . . $25;
92	92	(3) fees for services of peace officer:
93	93	(A) issuing a written notice to appear in court
94	94	for certain violations (Art. 102.011, Code of Criminal Procedure)
95	95	. . . $5;
96	96	(B) executing or processing an issued arrest
97	97	warrant, [or] capias, or capias pro fine (Art. 102.011, Code of
98	98	Criminal Procedure) . . . $50;
99	99	(C) summoning a witness (Art. 102.011, Code of
100	100	Criminal Procedure) . . . $5;
101	101	(D) serving a writ not otherwise listed (Art.
102	102	102.011, Code of Criminal Procedure) . . . $35;
103	103	(E) taking and approving a bond and, if
104	104	necessary, returning the bond to courthouse (Art. 102.011, Code of
105	105	Criminal Procedure) . . . $10;
106	106	(F) commitment or release (Art. 102.011, Code of
107	107	Criminal Procedure) . . . $5;
108	108	(G) summoning a jury (Art. 102.011, Code of
109	109	Criminal Procedure) . . . $5;
110	110	(H) attendance of a prisoner in habeas corpus
111	111	case if prisoner has been remanded to custody or held to bail (Art.
112	112	102.011, Code of Criminal Procedure) . . . $8 each day;
113	113	(I) mileage for certain services performed (Art.
114	114	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
115	115	(J) services of a sheriff or constable who serves
116	116	process and attends examining trial in certain cases (Art. 102.011,
117	117	Code of Criminal Procedure) . . . not to exceed $5;
118	118	(4) services of a peace officer in conveying a witness
119	119	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
120	120	$10 per day or part of a day, plus actual necessary travel expenses;
121	121	(5) overtime of peace officer for time spent
122	122	testifying in the trial or traveling to or from testifying in the
123	123	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
124	124	(6) court costs on an offense relating to rules of the
125	125	road, when offense occurs within a school crossing zone (Art.
126	126	102.014, Code of Criminal Procedure) . . . $25;
127	127	(7) court costs on an offense of passing a school bus
128	128	(Art. 102.014, Code of Criminal Procedure) . . . $25;
129	129	(8) court costs on an offense of truancy or
130	130	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
131	131	. . . $20;
132	132	(9) cost for visual recording of intoxication arrest
133	133	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
134	134	$15;
135	135	(10) cost of certain evaluations (Art. 102.018, Code
136	136	of Criminal Procedure) . . . actual cost;
137	137	(11) additional costs attendant to certain
138	138	intoxication convictions under Chapter 49, Penal Code, for
139	139	emergency medical services, trauma facilities, and trauma care
140	140	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
141	141	(12) additional costs attendant to certain child
142	142	sexual assault and related convictions, for child abuse prevention
143	143	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
144	144	(13) cost for DNA testing for certain felonies (Art.
145	145	102.020, Code of Criminal Procedure) . . . $250;
146	146	(14) court cost on an offense of public lewdness or
147	147	indecent exposure (Art. 102.020, Code of Criminal Procedure) . . .
148	148	$50;
149	149	(15) if required by the court, a restitution fee for
150	150	costs incurred in collecting restitution installments and for the
151	151	compensation to victims of crime fund (Art. 42.037, Code of
152	152	Criminal Procedure) . . . $12; [and]
153	153	(16) if directed by the justice of the peace or
154	154	municipal court judge hearing the case, court costs on conviction
155	155	in a criminal action (Art. 45.041, Code of Criminal Procedure)
156	156	. . . part or all of the costs as directed by the judge;
157	157	(17) costs attendant to convictions under Chapter 49,
158	158	Penal Code, and under Chapter 481, Health and Safety Code, to help
159	159	fund drug court programs established under Chapter 469, Health and
160	160	Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50;
161	161	and
162	162	(18) court cost on conviction of an offense relating
163	163	to the operation of a motor vehicle while intoxicated (Art.
164	164	102.018(e), Code of Criminal Procedure) . . . $10.
165	165	(b) Section 102.0215, Government Code, is repealed.
166	166	SECTION 4. Promptly after the effective date of this Act,
167	167	the governor shall appoint the executive commissioner for the
168	168	prevention of driving while intoxicated. In appointing the
169	169	executive commissioner, the governor shall appoint the person to a
170	170	term expiring February 1, 2011.
171	171	SECTION 5. This Act takes effect September 1, 2009.