82R3660 JSC-D
By: Smith of Tarrant H.B. No. 933
A BILL TO BE ENTITLED
AN ACT
relating to the imposition and use of certain court costs for breath
alcohol testing programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.016(b), Code of Criminal Procedure,
is amended to read as follows:
(b) On conviction of an offense under Section 49.04, 49.045,
49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code, the court shall
require the defendant to pay a $45 breath alcohol testing program
fee as a cost of court. The custodian of a municipal or county
treasury in a county that maintains a certified breath alcohol
testing program but does not use the services of a certified
technical supervisor employed by the department may, to defray the
costs of maintaining and supporting the [a certified breath alcohol
testing] program, retain [$22.50 of] each court cost collected
under this article, in addition to any other court cost relating to
a breath alcohol testing program to which the county is entitled
under Section 133.102, Local Government Code[, on conviction of an
offense under Chapter 49, Penal Code, other than an offense that is
a Class C misdemeanor].
SECTION 2. Subchapter C, Chapter 102, Government Code, is
amended by adding Section 102.0413 to read as follows:
Sec. 102.0413. BREATH ALCOHOL TESTING PROGRAM FEE ON
CONVICTION IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The
clerk of a district court shall collect from a defendant a breath
alcohol testing program fee of $45 imposed under Article
102.016(b), Code of Criminal Procedure, on conviction.
SECTION 3. Subchapter D, Chapter 102, Government Code, is
amended by adding Section 102.0613 to read as follows:
Sec. 102.0613. BREATH ALCOHOL TESTING PROGRAM FEE ON
CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE.
The clerk of a statutory county court shall collect from a defendant
a breath alcohol testing program fee of $45 imposed under Article
102.016(b), Code of Criminal Procedure, on conviction.
SECTION 4. Subchapter E, Chapter 102, Government Code, is
amended by adding Section 102.0813 to read as follows:
Sec. 102.0813. BREATH ALCOHOL TESTING PROGRAM FEE ON
CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk
of a county court shall collect from a defendant a breath alcohol
testing program fee of $45 imposed under Article 102.016(b), Code
of Criminal Procedure, on conviction.
SECTION 5. The change in law made by this Act applies only
to a fee collected on conviction of an offense committed on or after
the effective date of this Act. A fee collected on conviction of 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 6. This Act takes effect September 1, 2011.