By Smith                                              H.B. No. 1101
         76R2833 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain offenses committed by a person with an alcohol
 1-3     concentration of 0.15 or more and to the conditions of community
 1-4     supervision imposed on conviction of certain intoxication offenses.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 49.09, Penal Code, is amended by adding
 1-7     Subsections (g) and (h) to read as follows:
 1-8           (g)  If it is shown on the trial of an offense under Section
 1-9     49.04, 49.05, or 49.06 that an analysis of a specimen of the
1-10     person's blood, breath, urine, or other bodily substance showed an
1-11     alcohol concentration of 0.15 or more, the offense is a Class A
1-12     misdemeanor, with a minimum term of confinement of 90 days.
1-13           (h)  If it is shown on the trial of an offense under Section
1-14     49.04, 49.05, or 49.06 that an analysis of a specimen of the
1-15     person's blood, breath, urine, or other bodily substance showed an
1-16     alcohol concentration of 0.15 or more, and that the person has
1-17     previously been convicted of an offense for which the person was
1-18     punished under Subsection (g), the offense is a felony of the third
1-19     degree.
1-20           SECTION 2.  Sections 13(a), (b), and (i), Article 42.12, Code
1-21     of Criminal Procedure, are amended to read as follows:
1-22           (a)  A judge granting community supervision to a defendant
1-23     convicted of an offense under Chapter 49, Penal Code, shall require
1-24     as a condition of community supervision that the defendant submit
 2-1     to:
 2-2                 (1)  not less than 72 hours [three days] of continuous
 2-3     confinement in county jail if the defendant was punished under
 2-4     Section 49.09(a);
 2-5                 (2)  not less than 10 days of continuous confinement in
 2-6     county jail if the defendant was punished under Section 49.09(b)
 2-7     [or (c)]; [or]
 2-8                 (3)  not less than 90 days of continuous confinement in
 2-9     county jail, or not less than 30 days of continuous confinement in
2-10     county jail plus the completion of a course of conduct for the
2-11     rehabilitation of the defendant's drug or alcohol dependence
2-12     condition, if the defendant was punished under Section 49.09(g) or
2-13     (h);
2-14                 (4)  not less than 30 days of continuous confinement in
2-15     county jail if the defendant was convicted under Section 49.07; or
2-16     [and]
2-17                 (5)  not less than 120 days of continuous confinement
2-18     in county jail if the defendant was convicted under Section 49.08
2-19                 [(2)  an evaluation by a supervision officer or by a
2-20     person, program, or facility approved by the Texas Commission on
2-21     Alcohol and Drug Abuse for the purpose of having the facility
2-22     prescribe and carry out a course of conduct necessary for the
2-23     rehabilitation of the defendant's drug or alcohol dependence
2-24     condition].
2-25           (b)  A judge granting community supervision to a defendant
2-26     convicted of an offense under Sections 49.04-49.08 [Section 49.08],
2-27     Penal Code, shall require as a condition of community supervision
 3-1     that the defendant submit to an evaluation by a supervision officer
 3-2     or by a person, program, or facility approved by the Texas
 3-3     Commission on Alcohol and Drug Abuse for the purpose of having the
 3-4     facility prescribe and supervise a course of conduct necessary for
 3-5     the rehabilitation of the defendant's drug or alcohol dependence
 3-6     condition [a period of confinement of not less than 120 days].
 3-7           (i)  If a person convicted of an offense under Sections
 3-8     49.04-49.08, Penal Code, is placed on community supervision, the
 3-9     court may require as a condition of community supervision that the
3-10     defendant have a device installed, on the motor vehicle owned by
3-11     the defendant or on the vehicle most regularly driven by the
3-12     defendant, that uses a deep-lung breath analysis mechanism to make
3-13     impractical the operation of the motor vehicle if ethyl alcohol is
3-14     detected in the breath of the operator and that the defendant not
3-15     operate any motor vehicle that is not equipped with that device.
3-16     If the person is convicted of an offense under Sections
3-17     49.04-49.06, Penal Code, and punished under Section 49.09(a), [or]
3-18     (b), (g), or (h), Penal Code, or of a second or subsequent offense
3-19     under Section 49.07 or 49.08, Penal Code, and the person after
3-20     conviction of either offense is placed on community supervision,
3-21     the court shall require as a condition of community supervision
3-22     that the defendant have the device installed on the appropriate
3-23     vehicle and that the defendant not operate any motor vehicle unless
3-24     the vehicle is equipped with that device.  Before placing on
3-25     community supervision a person convicted of an offense under
3-26     Sections 49.04-49.08, Penal Code, the court shall determine from
3-27     criminal history record information maintained by the Department of
 4-1     Public Safety whether the person has one or more previous
 4-2     convictions under Sections 49.04-49.08, Penal Code, or has one
 4-3     previous conviction under Sections 49.04-49.07, Penal Code, or one
 4-4     previous conviction under Section 49.08, Penal Code.  If the court
 4-5     determines that the person has one or more such previous
 4-6     convictions, the court shall require as a condition of community
 4-7     supervision that the defendant have that device installed on the
 4-8     motor vehicle owned by the defendant or on the vehicle most
 4-9     regularly driven by the defendant and that the defendant not
4-10     operate any motor vehicle unless the vehicle is equipped with the
4-11     device described in this subsection.  The court shall require the
4-12     defendant to obtain the device at the defendant's own cost before
4-13     the 30th day after the date of conviction unless the court finds
4-14     that to do so would not be in the best interest of justice and
4-15     enters its findings on record.  The court shall require the
4-16     defendant to provide evidence to the court within the 30-day period
4-17     that the device has been installed on the appropriate vehicle and
4-18     order the device to remain installed on that vehicle for a period
4-19     not less than 50 percent of the supervision period.  If the court
4-20     determines the offender is unable to pay for the device, the court
4-21     may impose a reasonable payment schedule not to exceed twice the
4-22     period of the court's order.  The Department of Public Safety shall
4-23     approve devices for use under this subsection.  Section 521.247,
4-24     Transportation Code, applies [The provisions of Section 23A(f),
4-25     Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
4-26     (Article 6687b, Vernon's Texas Civil Statutes), apply] to the
4-27     approval of a device under this subsection and the consequences of
 5-1     that approval.  Notwithstanding the provisions of this section, if
 5-2     a person is required to operate a motor vehicle in the course and
 5-3     scope of the person's employment and if the vehicle is owned by the
 5-4     employer, the person may operate that vehicle without installation
 5-5     of an approved ignition interlock device if the employer has been
 5-6     notified of that driving privilege restriction and if proof of that
 5-7     notification is with the vehicle.  This employment exemption does
 5-8     not apply, however, if the business entity that owns the vehicle is
 5-9     owned or controlled by the person whose driving privilege has been
5-10     restricted.
5-11           SECTION 3.  The change in law made by this Act applies only
5-12     to an offense committed on or after the effective date of this Act.
5-13     An offense committed before the effective date of this Act is
5-14     covered by the law in effect when the offense was committed, and
5-15     the former law is continued in effect for that purpose.  For
5-16     purposes of this section, an offense was committed before the
5-17     effective date of this Act if any element of the offense occurred
5-18     before that date.
5-19           SECTION 4.  This Act takes effect September 1, 1999.
5-20           SECTION 5.  The importance of this legislation and the
5-21     crowded condition of the calendars in both houses create an
5-22     emergency and an imperative public necessity that the
5-23     constitutional rule requiring bills to be read on three several
5-24     days in each house be suspended, and this rule is hereby suspended.