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.