83R6325 JSC-D
By: Hinojosa S.B. No. 787
A BILL TO BE ENTITLED
AN ACT
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 certain persons who
complete a drug court program or an alcohol or drug treatment
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 708.102, Transportation Code, is amended
by amending Subsection (b) and adding Subsections (e) and (f) to
read as follows:
(b) Except as provided by Subsection (e), each [Each] year
the department shall assess a surcharge on the license of each
person who during the preceding 36-month period has been finally
convicted of an offense relating to the operating of a motor vehicle
while intoxicated.
(e) The department may not assess a surcharge on the license
of a person convicted of an offense relating to the operating of a
motor vehicle while intoxicated who:
(1) has not previously been convicted of an offense
relating to the operating of a motor vehicle while intoxicated; and
(2) successfully completes a drug court program or an
alcohol or drug treatment program, as required by the convicting
court.
(f) If a person described by Subsection (e) is subsequently
convicted of an offense relating to the operating of a motor vehicle
while intoxicated within a 36-month period after the successful
completion of the program described by Subsection (e)(2):
(1) the department shall assess the appropriate
surcharge on the person's license under Subsection (c) for that
subsequent conviction; and
(2) the conviction for which the person was ordered to
complete the program described by Subsection (e)(2) shall be
considered a previous conviction for purposes of enhancement of the
amount of the surcharge under Subsection (c)(1).
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date 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 3. This Act takes effect September 1, 2013.