This section adds a fine on top of the underlying intoxicated-driving offense fine, with higher amounts for repeat convictions or a 0.15-or-more alcohol concentration result; if the court finds the person indigent, it must waive the fines and costs.
Sec. 709.001. TRAFFIC FINE FOR CONVICTION OF CERTAIN INTOXICATED DRIVER OFFENSES. (a) In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code. (b) Except as provided by Subsection (c), in addition to the fine prescribed for the specific offense, a person who has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated shall pay a fine of: (1) $3,000 for the first conviction within a 36-month period; (2) $4,500 for a second or subsequent conviction within a 36-month period; and (3) $6,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed. (c) If the court having jurisdiction over an offense that is the basis for a fine imposed under this section makes a finding that the person is indigent, the court shall waive all fines and costs imposed on the person under this section. (d) A person must provide information to the court in which the person is convicted of the offense that is the basis for the fine to establish that the person is indigent. The following documentation may be used as proof: (1) a copy of the person's most recent federal income tax return that shows that the person's income or the person's household income does not exceed 125 percent of the applicable income level established by the federal poverty guidelines; (2) a copy of the person's most recent statement of wages that shows that the person's income or the person's household income does not exceed 125 percent of the applicable income level established by the federal poverty guidelines; or (3) documentation from a federal agency, state agency, or school district that indicates that the person or, if the person is a dependent as defined by Section 152, Internal Revenue Code of 1986, the taxpayer claiming the person as a dependent, receives assistance from: (A) the food stamp program or the financial assistance program established under Chapter 31, Human Resources Code; (B) the federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786; (C) the medical assistance program under Chapter 32, Human Resources Code; (D) the child health plan program under Chapter 62, Health and Safety Code; or (E) the national free or reduced-price lunch program established under 42 U.S.C. Section 1751 et seq. Added by Acts 2019, 86th Leg., R.S., Ch. 1094 (H.B. 2048), Sec. 14, eff. September 1, 2019.