By: Whitmire S.B. No. 1323
(In the Senate - Filed March 4, 2009; March 17, 2009, read
first time and referred to Committee on Criminal Justice;
April 20, 2009, reported favorably by the following vote: Yeas 6,
Nays 1; April 20, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the amount of a surcharge assessed on conviction of
certain intoxicated driver offenses on the driver's license of
certain persons who complete a drug court program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 469, Health and Safety Code, is amended
by adding Section 469.010 to read as follows:
Sec. 469.010. REDUCTION IN AMOUNT OF ANNUAL SURCHARGE ON
SUCCESSFUL COMPLETION OF DRUG COURT PROGRAM. (a) A judge or
magistrate administering a drug court program under this chapter
may order the Department of Public Safety to reduce the amount of
the annual surcharge assessed under Section 708.102,
Transportation Code, on the license of a person finally convicted
of an offense relating to the operating of a motor vehicle while
intoxicated to an amount that may not be less than 20 percent of the
amount specified by that section, if the judge or magistrate enters
a written finding in the papers in the case indicating that the
person:
(1) successfully completed a drug court program under
this chapter; and
(2) has not been arrested for an offense under Section
49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code,
during the 180 days after the date of the program completion.
(b) On a timely request by the defendant, the judge or
magistrate shall enter the written findings under Subsection (a)
and promptly send a copy of those findings to the Department of
Public Safety accompanied by the court's order to reduce the amount
of the annual surcharge assessed under Section 708.102,
Transportation Code. On receipt of a copy of the written findings
under this subsection, the Department of Public Safety shall reduce
the amount of the surcharge assessed to the amount specified in the
court's order.
SECTION 2. The change in law made by this Act applies to a
person who, on or after the effective date of this Act, enters a
drug court program under Chapter 469, Health and Safety Code,
regardless of whether the person committed the offense for which
the person enters the program before, on, or after the effective
date of this Act.
SECTION 3. This Act takes effect September 1, 2009.
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