81R9976 KEL-D By: Driver H.B. No. 3130 A BILL TO BE ENTITLED AN ACT relating to the creation of DNA records for the DNA database system. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 102.020(a), Code of Criminal Procedure, is amended to read as follows: (a) A person shall pay $250 as a court cost on conviction of an offense listed in Section 411.1471(a)(1), Government Code, and $50 as a court cost on conviction of an offense described by [listed in] Section 411.1471(a)(3) of that code. SECTION 2. The heading to Section 411.1471, Government Code, is amended to read as follows: Sec. 411.1471. DNA RECORDS OF PERSONS CHARGED WITH OR CONVICTED OF CERTAIN OFFENSES [FELONIES]. SECTION 3. Section 411.1471(a), Government Code, is amended to read as follows: (a) This section applies to a defendant who [is]: (1) is indicted or waives indictment for a felony prohibited or punishable under any of the following Penal Code sections: (A) Section 20.04(a)(4); (B) Section 21.11; (C) Section 22.011; (D) Section 22.021; (E) Section 25.02; (F) Section 30.02(d); (G) Section 43.05; (H) Section 43.25; (I) Section 43.26; or (J) Section 21.02; (2) is arrested for a felony described by Subdivision (1) after having been previously convicted of or placed on deferred adjudication for an offense described by Subdivision (1) or an offense punishable under Section 30.02(c)(2), Penal Code; or (3) is convicted of or placed on deferred adjudication for an offense punishable as a Class B misdemeanor or higher [under Section 21.07 or 21.08, Penal Code]. SECTION 4. The change in law made by this Act applies only to 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 occurred before that date. SECTION 5. This Act takes effect September 1, 2009.