Texas 2009 - 81st Regular

Texas Senate Bill SB1323 Compare Versions

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1	1	By: Whitmire S.B. No. 1323
2	2	(In the Senate - Filed March 4, 2009; March 17, 2009, read
3	3	first time and referred to Committee on Criminal Justice;
4	4	April 20, 2009, reported favorably by the following vote: Yeas 6,
5	5	Nays 1; April 20, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the amount of a surcharge assessed on conviction of
11	11	certain intoxicated driver offenses on the driver's license of
12	12	certain persons who complete a drug court program.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 469, Health and Safety Code, is amended
15	15	by adding Section 469.010 to read as follows:
16	16	Sec. 469.010. REDUCTION IN AMOUNT OF ANNUAL SURCHARGE ON
17	17	SUCCESSFUL COMPLETION OF DRUG COURT PROGRAM. (a) A judge or
18	18	magistrate administering a drug court program under this chapter
19	19	may order the Department of Public Safety to reduce the amount of
20	20	the annual surcharge assessed under Section 708.102,
21	21	Transportation Code, on the license of a person finally convicted
22	22	of an offense relating to the operating of a motor vehicle while
23	23	intoxicated to an amount that may not be less than 20 percent of the
24	24	amount specified by that section, if the judge or magistrate enters
25	25	a written finding in the papers in the case indicating that the
26	26	person:
27	27	(1) successfully completed a drug court program under
28	28	this chapter; and
29	29	(2) has not been arrested for an offense under Section
30	30	49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code,
31	31	during the 180 days after the date of the program completion.
32	32	(b) On a timely request by the defendant, the judge or
33	33	magistrate shall enter the written findings under Subsection (a)
34	34	and promptly send a copy of those findings to the Department of
35	35	Public Safety accompanied by the court's order to reduce the amount
36	36	of the annual surcharge assessed under Section 708.102,
37	37	Transportation Code. On receipt of a copy of the written findings
38	38	under this subsection, the Department of Public Safety shall reduce
39	39	the amount of the surcharge assessed to the amount specified in the
40	40	court's order.
41	41	SECTION 2. The change in law made by this Act applies to a
42	42	person who, on or after the effective date of this Act, enters a
43	43	drug court program under Chapter 469, Health and Safety Code,
44	44	regardless of whether the person committed the offense for which
45	45	the person enters the program before, on, or after the effective
46	46	date of this Act.
47	47	SECTION 3. This Act takes effect September 1, 2009.
48	48	* * * * *