81R2939 JSC-D
By: Martinez Fischer H.B. No. 286
A BILL TO BE ENTITLED
AN ACT
relating to the appointment and duties of and the funding for an
executive commissioner for the prevention of driving while
intoxicated.
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. EXECUTIVE COMMISSIONER FOR PREVENTION OF
DRIVING WHILE INTOXICATED. (a) The executive commissioner 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 executive commissioner serves a two-year term that
expires February 1 of each odd-numbered year.
(c) The executive commissioner is administratively attached
to the governor's office.
(d) The executive commissioner 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 Texas Department of Public Safety for convictions of an offense
under Section 49.04 or 49.045, Penal Code, or an offense under
Section 49.07 or 49.08 of that code that involved the operation of a
motor vehicle;
(2) monitor other states for laws and programs that
have been successful in reducing the number of driving while
intoxicated offenses committed in those states; 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 number of
intoxication offenses committed in this state.
(e) Not later than January 1 of each odd-numbered year, the
executive commissioner shall submit a report to the legislature
that:
(1) describes the success of state laws and programs
in reducing the number of driving while intoxicated offenses; and
(2) recommends legislation relating to the prevention
of driving while intoxicated in this state.
(f) The executive commissioner may adopt rules as necessary
to implement this section.
Sec. 423.002. 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 the United States,
regional or local governments, educational institutions, private
sources, or other 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 executive commissioner for the prevention of driving while
intoxicated and for programs approved by the executive commissioner
for the prevention of driving while intoxicated offenses in this
state.
(c) The driving while intoxicated prevention account is
exempt from the application of Sections 403.095 and 404.071.
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
operation 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 423.002, Government Code.
SECTION 3. (a) Section 102.021, Government Code, is
amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
Legislature, Regular Session, 2007, and is further amended to read
as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant, [or] capias, or capias pro fine (Art. 102.011, Code of
Criminal Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(8) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(9) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(13) cost for DNA testing for certain felonies (Art.
102.020, Code of Criminal Procedure) . . . $250;
(14) court cost on an offense of public lewdness or
indecent exposure (Art. 102.020, Code of Criminal Procedure) . . .
$50;
(15) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $12; [and]
(16) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge;
(17) costs attendant to convictions under Chapter 49,
Penal Code, and under Chapter 481, Health and Safety Code, to help
fund drug court programs established under Chapter 469, Health and
Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50;
and
(18) court cost on conviction of an offense relating
to the operation of a motor vehicle while intoxicated (Art.
102.018(e), Code of Criminal Procedure) . . . $10.
(b) Section 102.0215, Government Code, is repealed.
SECTION 4. Promptly after the effective date of this Act,
the governor shall appoint the executive commissioner for the
prevention of driving while intoxicated. In appointing the
executive commissioner, the governor shall appoint the person to a
term expiring February 1, 2011.
SECTION 5. This Act takes effect September 1, 2009.