Bill Text: TX SB953 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB953 Detail]
Download: Texas-2011-SB953-Enrolled.html
S.B. No. 953 |
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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; [ |
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(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 [ |
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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 [ |
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(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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 953 passed the Senate on | ||
April 28, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 953 passed the House on | ||
May 20, 2011, by the following vote: Yeas 147, Nays 2, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |