| 1 | 1 | | By: Whitmire S.B. No. 953 |
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| 2 | 2 | | (Madden) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the conditions for granting an occupational license to |
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| 8 | 8 | | certain persons, the monitoring of those persons by a local |
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| 9 | 9 | | community supervision and corrections department, and the fees |
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| 10 | 10 | | associated with department services. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter L, Chapter 521, Transportation Code, |
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| 13 | 13 | | is amended by adding Sections 521.2461 and 521.2462 to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Sec. 521.2461. TESTING FOR ALCOHOL OR CONTROLLED |
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| 16 | 16 | | SUBSTANCES. The court granting an occupational license under this |
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| 17 | 17 | | subchapter may require as a condition of the license that the person |
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| 18 | 18 | | submit to periodic testing for alcohol or controlled substances, to |
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| 19 | 19 | | be conducted by an entity specified by the court, if the person's |
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| 20 | 20 | | license has been suspended under Chapter 524 or 724 or as a result |
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| 21 | 21 | | of the person's conviction of an offense involving the operation of |
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| 22 | 22 | | a motor vehicle while intoxicated. |
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| 23 | 23 | | Sec. 521.2462. SUPERVISION OF PERSON ISSUED OCCUPATIONAL |
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| 24 | 24 | | DRIVER'S LICENSE. (a) The court granting an occupational license |
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| 25 | 25 | | under this subchapter may order the person receiving the license |
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| 26 | 26 | | to: |
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| 27 | 27 | | (1) submit to supervision by the local community |
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| 28 | 28 | | supervision and corrections department to verify compliance with |
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| 29 | 29 | | the conditions specified by the order granting the license, |
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| 30 | 30 | | including the conditions specified in accordance with Section |
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| 31 | 31 | | 521.248; and |
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| 32 | 32 | | (2) pay a monthly administrative fee under Section |
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| 33 | 33 | | 76.015, Government Code. |
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| 34 | 34 | | (b) The court may order the supervision to continue until |
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| 35 | 35 | | the end of the period of suspension of the person's driver's |
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| 36 | 36 | | license, including any extensions of that period. |
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| 37 | 37 | | (c) The court for good cause may modify or terminate |
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| 38 | 38 | | supervision before the end of the period of license suspension. |
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| 39 | 39 | | SECTION 2. Subsection (a), Section 521.248, Transportation |
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| 40 | 40 | | Code, is amended to read as follows: |
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| 41 | 41 | | (a) An order granting an occupational license must specify: |
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| 42 | 42 | | (1) the hours of the day and days of the week during |
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| 43 | 43 | | which the person may operate a motor vehicle; |
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| 44 | 44 | | (2) the reasons for which the person may operate a |
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| 45 | 45 | | motor vehicle; [and] |
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| 46 | 46 | | (3) areas or routes of travel permitted; |
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| 47 | 47 | | (4) that the person is restricted to the operation of a |
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| 48 | 48 | | motor vehicle equipped with an ignition interlock device, if |
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| 49 | 49 | | applicable; and |
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| 50 | 50 | | (5) that the person must submit to periodic testing |
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| 51 | 51 | | for alcohol or controlled substances, if applicable. |
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| 52 | 52 | | SECTION 3. Subsection (c), Section 76.015, Government Code, |
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| 53 | 53 | | is amended to read as follows: |
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| 54 | 54 | | (c) A department may assess a reasonable administrative fee |
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| 55 | 55 | | of not less than $25 and not more than $60 [$40] per month on an |
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| 56 | 56 | | individual who participates in a department program or receives |
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| 57 | 57 | | department services and who is not paying a monthly fee under |
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| 58 | 58 | | Section 19, Article 42.12, Code of Criminal Procedure. |
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| 59 | 59 | | SECTION 4. Section 103.0211, Government Code, is amended to |
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| 60 | 60 | | read as follows: |
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| 61 | 61 | | Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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| 62 | 62 | | CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party |
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| 63 | 63 | | to a civil suit, as applicable, shall pay the following fees and |
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| 64 | 64 | | costs under the Government Code if ordered by the court or otherwise |
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| 65 | 65 | | required: |
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| 66 | 66 | | (1) a court reporter fee when testimony is taken: |
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| 67 | 67 | | (A) in a criminal court in Dallas County (Sec. |
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| 68 | 68 | | 25.0593, Government Code) . . . $3; |
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| 69 | 69 | | (B) in a county criminal court of appeals in |
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| 70 | 70 | | Dallas County (Sec. 25.0594, Government Code) . . . $3; |
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| 71 | 71 | | (C) in a county court at law in McLennan County |
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| 72 | 72 | | (Sec. 25.1572, Government Code) . . . $3; and |
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| 73 | 73 | | (D) in a county criminal court in Tarrant County |
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| 74 | 74 | | (Sec. 25.2223, Government Code) . . . $3; |
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| 75 | 75 | | (2) a court reporter service fee if the courts have |
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| 76 | 76 | | official court reporters (Sec. 51.601, Government Code) . . . $15 |
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| 77 | 77 | | or, in specified counties, $30; |
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| 78 | 78 | | (3) a speedy trial filing fee in El Paso County (Sec. |
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| 79 | 79 | | 54.745, Government Code) . . . $100; |
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| 80 | 80 | | (4) costs for use of magistrate in Brazos County (Sec. |
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| 81 | 81 | | 54.1116, Government Code) . . . not to exceed $50; |
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| 82 | 82 | | (5) the costs of a criminal magistrate if the court |
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| 83 | 83 | | determines that the nonprevailing party is able to defray the |
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| 84 | 84 | | costs: |
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| 85 | 85 | | (A) in Bexar County (Sec. 54.913, Government |
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| 86 | 86 | | Code) . . . magistrate's fees; |
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| 87 | 87 | | (B) in Dallas County (Sec. 54.313, Government |
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| 88 | 88 | | Code) . . . magistrate's fees; |
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| 89 | 89 | | (C) in Lubbock County (Sec. 54.883, Government |
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| 90 | 90 | | Code) . . . magistrate's fees; |
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| 91 | 91 | | (D) in Tarrant County (Sec. 54.663, Government |
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| 92 | 92 | | Code) . . . magistrate's fees; |
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| 93 | 93 | | (E) in Travis County (Sec. 54.983, Government |
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| 94 | 94 | | Code) . . . magistrate's fees; and |
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| 95 | 95 | | (F) in Williamson County (Sec. 54.958, |
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| 96 | 96 | | Government Code) . . . expense of the magistrate; |
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| 97 | 97 | | (6) an administrative fee for participation in certain |
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| 98 | 98 | | community supervision programs (Sec. 76.015, Government Code) |
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| 99 | 99 | | . . . not less than $25 and not more than $60 [$40] per month; and |
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| 100 | 100 | | (7) fee paid on filing a petition for an order of |
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| 101 | 101 | | nondisclosure of criminal history record information in certain |
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| 102 | 102 | | cases (Sec. 411.081, Government Code) . . . $28. |
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| 103 | 103 | | SECTION 5. Sections 521.2461 and 521.2462, Transportation |
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| 104 | 104 | | Code, as added by this Act, and Subsection (a), Section 521.248, |
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| 105 | 105 | | Transportation Code, as amended by this Act, apply only to a person |
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| 106 | 106 | | whose license is suspended as a result of an offense that is |
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| 107 | 107 | | committed or conduct that occurs on or after the effective date of |
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| 108 | 108 | | this Act. A person whose license is suspended as a result of an |
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| 109 | 109 | | offense that was committed or conduct that occurred before the |
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| 110 | 110 | | effective date of this Act is covered by the law in effect when the |
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| 111 | 111 | | offense was committed or the conduct occurred, and the former law is |
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| 112 | 112 | | continued in effect for that purpose. |
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| 113 | 113 | | SECTION 6. This Act takes effect September 1, 2011. |
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