CHAPTER 709. MISCELLANEOUS TRAFFIC FINES

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.