BILL ANALYSIS Senate Research Center S.B. 1531 82R10492 JSC-D By: Hinojosa Transportation & Homeland Security 4/15/2011 As Filed
BILL ANALYSIS
Senate Research Center S.B. 1531
82R10492 JSC-D By: Hinojosa
Transportation & Homeland Security
4/15/2011
As Filed
Senate Research Center
S.B. 1531
82R10492 JSC-D
By: Hinojosa
Transportation & Homeland Security
4/15/2011
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, if a driver in the State of Texas is found guilty of a first offense of driving while intoxicated, the offender must pay $1,000 per year for three full years under Chapter 708 (Driver Responsibility Program). Under the current Driver Responsibility Program (DRP), most offenders cannot afford to pay the various surcharges associated with DRP, which prevents them from obtaining a driver's license and re-entering as a productive member of society. Additionally, most offenders who do not pay DRP surcharges drive illegally, which is a danger to everyone on the road since they are not properly insured, and the law currently does not contain any mechanism for exemption from these surcharge payments if a court-ordered substance abuse treatment program is completed. S.B. 1531 would add a new subsection under Section 708.102 (Surcharge for Conviction of Certain Intoxicated Driver Offenses), Transportation Code, to state that if a defendant successfully completes a drug court program or drug or alcohol treatment program, as required and verified by the convicting court, then the defendant is exempt from paying the surcharge associated with DRP. As proposed, S.B. 1531 amends current law relating to the amount of a surcharge assessed on conviction of certain offenses relating to the operating of a motor vehicle while intoxicated against the driver's license of persons who complete an alcohol or drug treatment program. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 708.102, Transportation Code, by adding Subsection (e), as follows: (e) Provides that, for the purposes of this section, a defendant is not convicted of an offense if the defendant successfully completes a drug court program or drug or alcohol treatment program, as required by and verified by the convicting court. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, if a driver in the State of Texas is found guilty of a first offense of driving while intoxicated, the offender must pay $1,000 per year for three full years under Chapter 708 (Driver Responsibility Program).
Under the current Driver Responsibility Program (DRP), most offenders cannot afford to pay the various surcharges associated with DRP, which prevents them from obtaining a driver's license and re-entering as a productive member of society.
Additionally, most offenders who do not pay DRP surcharges drive illegally, which is a danger to everyone on the road since they are not properly insured, and the law currently does not contain any mechanism for exemption from these surcharge payments if a court-ordered substance abuse treatment program is completed.
S.B. 1531 would add a new subsection under Section 708.102 (Surcharge for Conviction of Certain Intoxicated Driver Offenses), Transportation Code, to state that if a defendant successfully completes a drug court program or drug or alcohol treatment program, as required and verified by the convicting court, then the defendant is exempt from paying the surcharge associated with DRP.
As proposed, S.B. 1531 amends current law relating to the amount of a surcharge assessed on conviction of certain offenses relating to the operating of a motor vehicle while intoxicated against the driver's license of persons who complete an alcohol or drug treatment program.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 708.102, Transportation Code, by adding Subsection (e), as follows:
(e) Provides that, for the purposes of this section, a defendant is not convicted of an offense if the defendant successfully completes a drug court program or drug or alcohol treatment program, as required by and verified by the convicting court.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2011.