| 1 | 1 | | S.B. No. 333 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the retention by a county or municipality of certain |
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| 6 | 6 | | court costs for maintaining and supporting a certified breath |
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| 7 | 7 | | alcohol testing program. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subsection (b), Article 102.016, Code of |
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| 10 | 10 | | Criminal Procedure, is amended to read as follows: |
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| 11 | 11 | | (b) The custodian of a municipal or county treasury in a |
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| 12 | 12 | | county that maintains a certified breath alcohol testing program |
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| 13 | 13 | | but does not use the services of a certified technical supervisor |
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| 14 | 14 | | employed by the department may, to defray the costs of maintaining |
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| 15 | 15 | | and supporting a certified breath alcohol [breath] testing program, |
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| 16 | 16 | | retain $22.50 of each court cost collected under Section 133.102, |
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| 17 | 17 | | Local Government Code, [Article 102.075] on conviction of an |
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| 18 | 18 | | offense under Chapter 49, Penal Code, other than an offense that is |
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| 19 | 19 | | a Class C misdemeanor. |
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| 20 | 20 | | SECTION 2. (a) The change in law made by this Act applies |
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| 21 | 21 | | only to a court cost collected on or after the effective date of |
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| 22 | 22 | | this Act. A court cost collected before the effective date of this |
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| 23 | 23 | | Act is governed by the law in effect when the court cost was |
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| 24 | 24 | | collected, and the law is continued in effect for that purpose. |
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| 25 | 25 | | (b) Notwithstanding Subsection (a) of this section, the |
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| 26 | 26 | | custodian of a municipal or county treasury may retain any amount |
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| 27 | 27 | | retained under Subsection (b), Article 102.016, Code of Criminal |
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| 28 | 28 | | Procedure, before the effective date of this Act to maintain and |
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| 29 | 29 | | support a certified breath alcohol testing program. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 31 | 31 | | ______________________________ ______________________________ |
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| 32 | 32 | | President of the Senate Speaker of the House |
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| 33 | 33 | | I hereby certify that S.B. No. 333 passed the Senate on |
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| 34 | 34 | | March 19, 2009, by the following vote: Yeas 31, Nays 0; |
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| 35 | 35 | | May 28, 2009, Senate refused to concur in House amendment and |
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| 36 | 36 | | requested appointment of Conference Committee; May 29, 2009, House |
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| 37 | 37 | | granted request of the Senate; May 31, 2009, Senate adopted |
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| 38 | 38 | | Conference Committee Report by the following vote: Yeas 31, |
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| 39 | 39 | | Nays 0. |
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| 40 | 40 | | ______________________________ |
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| 41 | 41 | | Secretary of the Senate |
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| 42 | 42 | | I hereby certify that S.B. No. 333 passed the House, with |
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| 43 | 43 | | amendment, on May 20, 2009, by the following vote: Yeas 138, |
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| 44 | 44 | | Nays 0, two present not voting; May 29, 2009, House granted request |
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| 45 | 45 | | of the Senate for appointment of Conference Committee; |
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| 46 | 46 | | May 31, 2009, House adopted Conference Committee Report by the |
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| 47 | 47 | | following vote: Yeas 145, Nays 0, one present not voting. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Chief Clerk of the House |
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| 50 | 50 | | Approved: |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Date |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Governor |
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