SRC-JBJ C.S.H.B. 3492 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 3492
76R15020JD-FBy: Dunnam (Armbrister)
Criminal Justice
5/13/1999
Committee Report (Substituted)


DIGEST 

Judges must order ignition interlock devices to be installed on the vehicle
of an individual convicted of a DWI offense.  But, there is no reporting
requirement for those companies which manufacture the devices.  A reporting
requirement would ensure that the courts are aware of the violations that
occur while these interlock machines are in place.  C.S.H.B. 3492 would
establish minimum standards for ignition interlock vendors. 

PURPOSE

As proposed, C.S.H.B. 3492 establishes minimum standards for ignition
interlock vendors, including standardized violation reports.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Public Safety in
SECTION 1 (Section 521.2476(a), Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 521.246, Transportation Code, by adding
Subsection (f), to prohibit a previous conviction from being used to
restrict a person from operating a motor vehicle equipped with an interlock
ignition device, given certain circumstances regarding the person's
previous convictions.  

SECTION 2.  Amends Chapter 521L, Transportation Code, by adding Section
521.2476, as follows: 

Sec. 521.2476.  MINIMUM STANDARDS FOR VENDORS OF IGNITION INTERLOCK
DEVICES.  Sets forth standards and procedures which the Department of
Public Safety (department) must establish, by rule, and sets forth what
those standards must require each vendor to do.  Authorizes the department
to revoke the department's authorization for a vendor to do business in
this state if the vendor or an officer or employee of the vendor violates
certain law or rules.  Requires each vendor to reimburse the department
for the reasonable cost of conducting each inspection of the vendor's
facilities under this section.  Defines "offense relating to the operating
of a motor vehicle while intoxicated." 

SECTION 3.  Amends Section 13(i), Article 42.12, Code of Criminal
Procedure, to make conforming changes. 

SECTION 4.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 5.Emergency clause.