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.