By: Whitmire S.B. No. 953
A BILL TO BE ENTITLED
AN ACT
relating to the conditions for granting an occupational license to
certain persons, the monitoring of those persons by a local
community supervision and corrections department, and the fees
associated with department services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L, Chapter 521, Transportation Code,
is amended by adding Sections 521.2461 and 521.2462 to read as
follows:
Sec. 521.2461. TESTING FOR ALCOHOL OR CONTROLLED
SUBSTANCES. The court granting an occupational license under this
subchapter may require as a condition of the license that the person
submit to periodic testing for alcohol or controlled substances, to
be conducted by an entity specified by the court, if the person's
license has been suspended under Chapter 524 or 724 or as a result
of the person's conviction of an offense involving the operation of
a motor vehicle while intoxicated.
Sec. 521.2462. SUPERVISION OF PERSON ISSUED OCCUPATIONAL
DRIVER'S LICENSE. (a) The court granting an occupational license
under this subchapter may order the person receiving the license
to:
(1) submit to supervision by the local community
supervision and corrections department to verify compliance with
the conditions specified by the order granting the license,
including the conditions specified in accordance with Section
521.248; and
(2) pay a monthly administrative fee under Section
76.015, Government Code.
(b) The court may order the supervision to continue until
the end of the period of suspension of the person's driver's
license, including any extensions of that period.
(c) The court for good cause may modify or terminate
supervision before the end of the period of license suspension.
SECTION 2. Subsection (a), Section 521.248, Transportation
Code, is amended to read as follows:
(a) An order granting an occupational license must specify:
(1) the hours of the day and days of the week during
which the person may operate a motor vehicle;
(2) the reasons for which the person may operate a
motor vehicle; [and]
(3) areas or routes of travel permitted;
(4) that the person is restricted to the operation of a
motor vehicle equipped with an ignition interlock device, if
applicable; and
(5) that the person must submit to periodic testing
for alcohol or controlled substances, if applicable.
SECTION 3. Subsection (c), Section 76.015, Government Code,
is amended to read as follows:
(c) A department may assess a reasonable administrative fee
of not less than $25 and not more than $60 [$40] per month on an
individual who participates in a department program or receives
department services and who is not paying a monthly fee under
Section 19, Article 42.12, Code of Criminal Procedure.
SECTION 4. Section 103.0211, Government Code, is amended to
read as follows:
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
to a civil suit, as applicable, shall pay the following fees and
costs under the Government Code if ordered by the court or otherwise
required:
(1) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec.
25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in
Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County
(Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;
(2) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15
or, in specified counties, $30;
(3) a speedy trial filing fee in El Paso County (Sec.
54.745, Government Code) . . . $100;
(4) costs for use of magistrate in Brazos County (Sec.
54.1116, Government Code) . . . not to exceed $50;
(5) the costs of a criminal magistrate if the court
determines that the nonprevailing party is able to defray the
costs:
(A) in Bexar County (Sec. 54.913, Government
Code) . . . magistrate's fees;
(B) in Dallas County (Sec. 54.313, Government
Code) . . . magistrate's fees;
(C) in Lubbock County (Sec. 54.883, Government
Code) . . . magistrate's fees;
(D) in Tarrant County (Sec. 54.663, Government
Code) . . . magistrate's fees;
(E) in Travis County (Sec. 54.983, Government
Code) . . . magistrate's fees; and
(F) in Williamson County (Sec. 54.958,
Government Code) . . . expense of the magistrate;
(6) an administrative fee for participation in certain
community supervision programs (Sec. 76.015, Government Code)
. . . not less than $25 and not more than $60 [$40] per month; and
(7) fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
cases (Sec. 411.081, Government Code) . . . $28.
SECTION 5. Sections 521.2461 and 521.2462, Transportation
Code, as added by this Act, and Subsection (a), Section 521.248,
Transportation Code, as amended by this Act, apply only to a person
whose license is suspended as a result of an offense that is
committed or conduct that occurs on or after the effective date of
this Act. A person whose license is suspended as a result of an
offense that was committed or conduct that occurred before the
effective date of this Act is covered by the law in effect when the
offense was committed or the conduct occurred, and the former law is
continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2011.