2023 Texas Statutes › Code of Criminal Procedure › Title 2 - Code of Criminal Procedure › Chapter 102 - Costs, Fees, and Fines Paid by Defendants › Subchapter A. Costs; Reimbursement Fees; Fines › Article 102.018. Reimbursement Fees and Expenses Attendant to Intoxication Convictions

(a)  Except as provided by Subsection (d), on conviction of an offense relating to the driving or operating of a motor vehicle under Section 49.04, Penal Code, the court shall impose a reimbursement fee of $15 on a defendant if, subsequent to the arrest of the defendant, a law enforcement agency visually recorded the defendant with an electronic device.  Reimbursement fees imposed under this subsection are in addition to other court costs or fees and are due whether or not the defendant is granted probation in the case.  The court shall collect the reimbursement fees in the same manner as other fees are collected in the case.
(b)  Except as provided by Subsection (d), on conviction of an offense relating to the driving or operating of a motor vehicle punishable under Section 49.04(b), Penal Code, the court shall impose as a reimbursement fee on the defendant an amount that is equal to the reimbursement fee of an evaluation of the defendant performed under Article 42A.402(a).  Reimbursement fees imposed under this subsection are in addition to other court costs and are due whether or not the defendant is granted community supervision in the case, except that if the court determines that the defendant is indigent and unable to pay the fee, the court may waive the imposition of the fee.
(c)(1)  Except as provided by Subsection (d) of this article, if a person commits an offense under Chapter 49, Penal Code, and as a direct result of the offense the person causes an incident resulting in an accident response by a public agency, the person is liable on conviction for the offense for the reasonable expense to the agency of the accident response.
(2)  The liability authorized by this subsection may be established by civil suit;  however, if a determination is made during a criminal trial that a person committed an offense under Chapter 49, Penal Code, and as a direct result of the offense the person caused an incident resulting in an accident response by a public agency, the court may include the obligation for the liability as part of the judgment.  A judgment that includes such an obligation is enforceable as any other judgment.
(3)  The liability is a debt of the person to the public agency, and the public agency may collect the debt in the same manner as the public agency collects an express or implied contractual obligation to the agency.
(4)  A person's liability under this subsection for the reasonable expense of an accident response may not exceed $1,000 for a particular incident.  For the purposes of this subdivision, a reasonable expense for an accident response includes only those costs to the public agency arising directly from an accident response to a particular incident, such as the cost of providing police, fire-fighting, rescue, ambulance, and emergency medical services at the scene of the incident and the salaries of the personnel of the public agency responding to the incident.
(5)  A bill for the expense of an accident response sent to a person by a public agency under this subsection must contain an itemized accounting of the components of the total charge.  A bill that complies with this subdivision is prima facie evidence of the reasonableness of the costs incurred in the accident response to which the bill applies.
(6)  A policy of motor vehicle insurance delivered, issued for delivery, or renewed in this state may not cover payment of expenses charged to a person under this subsection.
(7)  In this subsection, "public agency" means the state, a county, a municipality district, or a public authority located in whole or in part in this state that provides police, fire-fighting, rescue, ambulance, or emergency medical services.
(d) Subsections (a), (b), and (c) of this article do not apply to an offense under Section 49.02 or 49.03, Penal Code.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.07, eff. Sept. 1, 1994.  Renumbered from art. 102.017 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(4), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.28, eff. January 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.36, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.37, eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 919 (S.B. 1923), Sec. 5, eff. September 1, 2021.