By Jones of Dallas H.B. No. 747
74R243 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the conditions of community supervision for repeat
1-3 offenders convicted of certain offenses involving driving, boating,
1-4 or flying while intoxicated.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (i), Section 13, Article 42.12, Code
1-7 of Criminal Procedure, as amended by Chapters 662 and 900, Acts of
1-8 the 73rd Legislature, Regular Session, 1993, is revised and amended
1-9 to read as follows:
1-10 (i) If a person convicted of an offense under Sections
1-11 49.04-49.08, Penal Code, or <and> punished under Section 49.09(a)
1-12 <Subsection (c) or (d) of that article, or of a first or second
1-13 offense under Section 19.05(a)(2)>, Penal Code, is placed on
1-14 community supervision, the court may require as a condition of
1-15 community supervision that the defendant not operate a motor
1-16 vehicle unless the vehicle is equipped with a device that uses a
1-17 deep-lung breath analysis mechanism to make impractical the
1-18 operation of the motor vehicle if ethyl alcohol is detected in the
1-19 breath of the operator. If the person is convicted of an offense
1-20 under Sections 49.04-49.06 <Section 49.04>, Penal Code, and
1-21 punished under Section 49.09(b), Penal Code <Subsection (c) of that
1-22 article>, or of a second <third> or subsequent offense under
1-23 Section 49.08, Penal Code, and the person after conviction of
1-24 either offense is placed on community supervision, the court shall
2-1 require as a condition of community supervision that the defendant
2-2 not operate a motor vehicle unless the vehicle is equipped with
2-3 that device. Before placing on community supervision a person
2-4 convicted of an offense under Sections 49.04-49.08 <Section 49.04
2-5 or 49.08>, Penal Code, the court shall determine from criminal
2-6 history record information maintained by the Department of Public
2-7 Safety whether the person has two or more previous convictions
2-8 under Sections 49.04-49.08, Penal Code, <that article or that
2-9 section> or has one previous conviction under Sections 49.04-49.07,
2-10 Penal Code, <that article> and one previous conviction under
2-11 Section 49.08, Penal Code <that section>. If the court determines
2-12 that the person has two or more such previous convictions, the
2-13 court shall require as a condition of community supervision that
2-14 the defendant not operate a motor vehicle unless the vehicle is
2-15 equipped with the device described in this subsection. The court
2-16 shall require the defendant to obtain the device at his own cost
2-17 unless the court finds that to do so would not be in the best
2-18 interest of justice and enters its findings on record. The court
2-19 shall order the device to remain installed on that vehicle for the
2-20 entire <a period not less than 50 percent of the> supervision
2-21 period. If the court determines the offender is unable to pay for
2-22 the device, the court may impose a reasonable payment schedule not
2-23 to exceed twice the period of the court's order. The Department of
2-24 Public Safety shall approve devices for use under this subsection.
2-25 The provisions of Section 23A(f), Chapter 173, Acts of the 47th
2-26 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-27 Civil Statutes), apply to the approval of a device under this
3-1 subsection and the consequences of that approval. Notwithstanding
3-2 the provisions of this section, if a person is required to operate
3-3 a motor vehicle in the course and scope of the person's employment
3-4 and if the vehicle is owned by the employer, the person may operate
3-5 that vehicle without installation of an approved ignition interlock
3-6 device if the employer has been notified of that driving privilege
3-7 restriction and if proof of that notification is with the vehicle.
3-8 This employment exemption does not apply, however, if the business
3-9 entity that owns the vehicle is owned or controlled by the person
3-10 whose driving privilege has been restricted.
3-11 SECTION 2. (a) The change in law made by this Act applies
3-12 only to an offense committed on or after the effective date of this
3-13 Act. For purposes of this section, an offense is committed before
3-14 the effective date of this Act if any element of the offense occurs
3-15 before the effective date.
3-16 (b) An offense committed before the effective date of this
3-17 Act is covered by the law in effect when the offense was committed,
3-18 and the former law is continued in effect for this purpose.
3-19 SECTION 3. This Act takes effect September 1, 1995.
3-20 SECTION 4. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.