Amend CSHB 3555 by adding the following new sections,
appropriately numbered:
      SECTION _____.  Section 49.09, Penal Code, is amended by
adding Subsection (g) to read as follows:
      (g)  If it is shown on the trial of an offense under Section
49.04, 49.05, or 49.06 that an analysis of a specimen of the
person's blood, breath, urine, or other bodily substance showed an
alcohol concentration of 0.15 or more, the offense is a Class A
misdemeanor.
      SECTION _____  Sections 13(a), (b), and (i), Article 42.12,
Code of Criminal Procedure, are amended to read as follows:
      (a)  A judge granting community supervision to a defendant
convicted of an offense under Chapter 49, Penal Code, shall require
as a condition of community supervision that the defendant submit
to:
            (1)  not less than three days of confinement in county
jail if the defendant was punished under Section 49.09(a);
            (2)  not less than five days of confinement in county
jail plus the completion of a course of conduct for the
rehabilitation of the defendant's drug or alcohol dependence
condition, if the defendant was punished under Section 49.09(g);
            (3)  not less than 10 days of confinement in county
jail if the defendant was punished under Section 49.09(b), except
as provided by Subdivision (4) <or (c)>; <or>
            (4)  not less than 30 days of confinement in county
jail if the defendant was:
                  (A)  convicted under Section 49.07; or
                  (B)  punished under Section 49.09(g), if it is
shown on the trial of the offense that the defendant has previously
been convicted of an offense for which the defendant was punished
under Section 49.09(g); or
            (5)  not less than 120 days of confinement in county
jail if the defendant was convicted under Section 49.08 <and>
            <(2)  an evaluation by a supervision officer or by a
person, program, or facility approved by the Texas Commission on
Alcohol and Drug Abuse for the purpose of having the facility
prescribe and carry out a course of conduct necessary for the
rehabilitation of the defendant's drug or alcohol dependence
condition>.
      (b)  A judge granting community supervision to a defendant
convicted of an offense under Sections 49.04-49.08 <Section 49.08>,
Penal Code, shall require as a condition of community supervision
that the defendant submit to an evaluation by a supervision officer
or by a person, program, or facility approved by the Texas
Commission on Alcohol and Drug Abuse for the purpose of having the
facility prescribe and supervise a course of conduct necessary for
the rehabilitation of the defendant's drug or alcohol dependence
condition <a period of confinement of not less than 120 days>.
      (i)  If a person convicted of an offense under Sections
49.04-49.08, Penal Code, is placed on community supervision, the
court may require as a condition of community supervision that the
defendant have a device installed, on the motor vehicle owned by
the defendant or on the vehicle most regularly driven by the
defendant, that uses a deep-lung breath analysis mechanism to make
impractical the operation of the motor vehicle if ethyl alcohol is
detected in the breath of the operator and that the defendant not
operate any motor vehicle that is not equipped with that device.
If the person is convicted of an offense under Sections
49.04-49.06, Penal Code, and punished under Section 49.09(a), <or>
(b), or (g), Penal Code, or of a second or subsequent offense under
Section 49.07 or 49.08, Penal Code, and the person after conviction
of either offense is placed on community supervision, the court
shall require as a condition of community supervision that the
defendant have the device installed on the appropriate vehicle and
that the defendant not operate any motor vehicle unless the vehicle
is equipped with that device.  Before placing on community
supervision a person convicted of an offense under Sections
49.04-49.08, Penal Code, the court shall determine from criminal
history record information maintained by the Department of Public
Safety whether the person has one or more previous convictions
under Sections 49.04-49.08, Penal Code, or has one previous
conviction under Sections 49.04-49.07, Penal Code, or one previous
conviction under Section 49.08, Penal Code.  If the court
determines that the person has one or more such previous
convictions, the court shall require as a condition of community
supervision that the defendant have that device installed on the
motor vehicle owned by the defendant or on the vehicle most
regularly driven by the defendant and that the defendant not
operate any motor vehicle unless the vehicle is equipped with the
device described in this subsection.  The court shall require the
defendant to obtain the device at the defendant's own cost before
the 30th day after the date of conviction unless the court finds
that to do so would not be in the best interest of justice and
enters its findings on record.  The court shall require the
defendant to provide evidence to the court within the 30-day period
that the device has been installed on the appropriate vehicle and
order the device to remain installed on that vehicle for a period
not less than 50 percent of the supervision period.  If the court
determines the offender is unable to pay for the device, the court
may impose a reasonable payment schedule not to exceed twice the
period of the court's order.  The Department of Public Safety shall
approve devices for use under this subsection.  Section 521.247,
Transportation Code, applies <The provisions of Section 23A(f),
Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
(Article 6687b, Vernon's Texas Civil Statutes), apply> to the
approval of a device under this subsection and the consequences of
that approval.  Notwithstanding the provisions of this section, if
a person is required to operate a motor vehicle in the course and
scope of the person's employment and if the vehicle is owned by the
employer, the person may operate that vehicle without installation
of an approved ignition interlock device if the employer has been
notified of that driving privilege restriction and if proof of that
notification is with the vehicle.  This employment exemption does
not apply, however, if the business entity that owns the vehicle is
owned or controlled by the person whose driving privilege has been
restricted.
      SECTION _____.  The change in law made by Sections _____
through _____ of this Act apply only to an offense committed on or
after the effective date of this Act.  An offense committed before
the effective date of this Act is covered by the law in effect when
the offense was committed, and the former law is continued in
effect for that purpose.  For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
      SECTION _____.  This Act takes effect September 1, 1999.
      SECTION _____.  The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended.