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Texas Code of Criminal Procedure - Article 102.016. Costs For Breath Alcohol Testing Program

Legal Research Home > Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 102.016. Costs For Breath Alcohol Testing Program

Art. 102.016. COSTS FOR BREATH ALCOHOL TESTING PROGRAM.  (a) 
The custodians of municipal and county treasuries may deposit funds 
collected under this article in interest-bearing accounts and 
retain for the municipality or county interest earned on the funds.  
The custodians shall keep records of funds received and disbursed 
under this article and shall provide a yearly report of all funds 
received and disbursed under this article to the comptroller, the 
Department of Public Safety, and to each agency in the county served 
by the court that participates in or maintains a certified breath 
alcohol testing program.  The comptroller shall approve the form of 
the report.
	(b)  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 a certified alcohol breath testing program, retain 
$22.50 of each court cost collected under Article 102.075 on 
conviction of an offense under Chapter 49, Penal Code, other than an 
offense that is a Class C misdemeanor.
	(c)  The legislature may appropriate money deposited to the 
credit of the breath alcohol testing account in the general revenue 
fund under this subsection to the Department of Public Safety for 
use by the department in the implementation, administration, and 
maintenance of the statewide certified breath alcohol testing 
program.
	(d)  The Department of Public Safety shall maintain a list of 
counties that do not use the services of a certified technical 
supervisor employed by the department.

Added by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 5.03(a), eff. 
Sept. 1, 1991.  Subsec. (a) amended by Acts 1993, 73rd Leg., ch. 
900, Sec. 3.03, eff. Sept. 1, 1994.  Amended by Acts 1997, 75th 
Leg., ch. 1100, Sec. 2, eff. Sept. 1, 1997.

Last modified: August 11, 2007