By Talton H.B. No. 1594
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for certain intoxication offenses and the
1-3 conditions for release of a defendant charged with or convicted of
1-4 those offenses, including the use of an ignition interlock device.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 38, Penal Code, is amended by adding
1-7 Section 38.17 to read as follows:
1-8 Sec. 38.17. CIRCUMVENTING DEVICE DESIGNED TO PREVENT DRIVING
1-9 WHILE UNDER THE INFLUENCE OF ALCOHOL. (a) In this section,
1-10 "device" means a device approved by the Texas Department of Public
1-11 Safety under Section 521.247, Transportation Code, that makes
1-12 impractical the operation of a motor vehicle if ethyl alcohol is
1-13 detected in the breath of the operator.
1-14 (b) A person commits an offense if, for the purpose of
1-15 allowing an individual to operate a motor vehicle when the
1-16 individual is required to have a device installed on the vehicle as
1-17 a term of release on bond, a condition of community supervision, or
1-18 a driver's license restriction, the person knowingly:
1-19 (1) fails to have the device installed, monitored, or
1-20 calibrated as required by law;
1-21 (2) bypasses the device or tampers with the device in
1-22 a manner likely to affect the ability of the device to function
1-23 properly;
1-24 (3) introduces or allows to be introduced into the
2-1 device any substance other than the person's breath; or
2-2 (4) operates another motor vehicle that is not
2-3 equipped with a device.
2-4 (c) Except as otherwise provided by Subsection (d), an
2-5 offense under this section is a Class B misdemeanor.
2-6 (d) An offense under Subsection (b)(3) is a Class A
2-7 misdemeanor if the person authorizes or induces another person who
2-8 is younger than 18 years of age to introduce the other person's
2-9 breath into the device.
2-10 (e) It is an exception to the application of Subsection
2-11 (b)(4) that at the time of the commission of the offense, with
2-12 respect to a person required to have a device installed as a term
2-13 of release on bond, a condition of community supervision, or a
2-14 driver's license restriction:
2-15 (1) the person is required to operate the motor
2-16 vehicle in the course and scope of the person's employment;
2-17 (2) the person is operating the vehicle in the course
2-18 and scope of the person's employment;
2-19 (3) the vehicle is owned by the person's employer;
2-20 (4) the employer is not owned or controlled by the
2-21 person;
2-22 (5) the person has provided written notice to the
2-23 employer that the person is required to have a device installed on
2-24 the motor vehicle owned by the person or on the vehicle most
2-25 regularly operated by the person; and
2-26 (6) the person is carrying a copy of that notice in
2-27 the vehicle.
3-1 SECTION 2. Section 49.07, Penal Code, is amended by amending
3-2 Subsections (b) and (c) and adding Subsection (d) to read as
3-3 follows:
3-4 (b) In this section:
3-5 (1) "Miscarriage" means the interruption of the normal
3-6 development of a fetus, other than by a live birth, resulting in
3-7 the complete expulsion or extraction from a pregnant woman of a
3-8 product of human conception.
3-9 (2) "Serious[, "serious] bodily injury" means injury
3-10 that creates a substantial risk of death or that causes serious
3-11 permanent disfigurement or protracted loss or impairment of the
3-12 function of any bodily member or organ. The term includes any
3-13 injury that causes a pregnant woman to suffer a miscarriage or
3-14 stillbirth.
3-15 (3) "Stillbirth" means the death of a fetus before the
3-16 complete expulsion or extraction from its mother, regardless of the
3-17 duration of the pregnancy, as manifested by the fact that after
3-18 expulsion or extraction the fetus does not breathe spontaneously or
3-19 show any other evidence of life such as heartbeat, pulsation of the
3-20 umbilical cord, or definite movement of voluntary muscles.
3-21 (c) Except as provided by Subsection (d), an [An] offense
3-22 under this section is a felony of the third degree.
3-23 (d) If it is shown on the trial of an offense under this
3-24 section that the conduct charged caused a pregnant woman to suffer
3-25 a miscarriage or stillbirth, an offense under this section is a
3-26 felony of the second degree.
3-27 SECTION 3. Section 49.09(a), Penal Code, is amended to read
4-1 as follows:
4-2 (a) If it is shown on the trial of an offense under Section
4-3 49.04, 49.05, or 49.06 that the person has previously been
4-4 convicted one time of an offense relating to the operating of a
4-5 motor vehicle while intoxicated, an offense of operating an
4-6 aircraft while intoxicated, or an offense of operating a watercraft
4-7 while intoxicated, the offense is a Class A misdemeanor, with a
4-8 minimum term of continuous confinement of 15 [30] days.
4-9 SECTION 4. Article 17.03(c), Code of Criminal Procedure, is
4-10 amended to read as follows:
4-11 (c) When setting a personal bond under this chapter, on
4-12 reasonable belief by the investigating or arresting law enforcement
4-13 agent or any magistrate, including the magistrate who releases the
4-14 defendant on personal bond or the magistrate of the court in which
4-15 the defendant's case is pending, of the presence of a controlled
4-16 substance in the defendant's body or on the finding of drug or
4-17 alcohol abuse related to the offense for which the defendant is
4-18 charged, the court or a magistrate shall require as a condition of
4-19 personal bond, if the condition will serve to reasonably assure the
4-20 appearance of the defendant for trial or to protect the public
4-21 safety, that the defendant:
4-22 (1) submit to testing for alcohol or a controlled
4-23 substance in the defendant's body and participate in an alcohol or
4-24 drug abuse treatment or education program;
4-25 (2) comply with each condition of release required by
4-26 Article 17.441, regardless of whether the defendant is charged with
4-27 an offense under Chapter 49, Penal Code; or
5-1 (3) satisfy the requirements of both Subdivisions (1)
5-2 and (2) [if such a condition will serve to reasonably assure the
5-3 appearance of the defendant for trial].
5-4 SECTION 5. Article 17.441, Code of Criminal Procedure, is
5-5 amended to read as follows:
5-6 Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION
5-7 INTERLOCK. (a) Except as provided by Subsection (b), a magistrate
5-8 shall require on release that a defendant charged with an offense
5-9 under Section 49.04, 49.05, or 49.06, Penal Code, for whom an
5-10 analysis of breath, blood, or other bodily substance showed an
5-11 alcohol concentration of 0.15 or more, a defendant charged with a
5-12 second or subsequent offense under one of those sections within 10
5-13 years before the date of the previous conviction, [Sections
5-14 49.04-49.06, Penal Code,] or a defendant charged with an offense
5-15 under Section 49.07 or 49.08, Penal Code [of that code]:
5-16 (1) have installed on the motor vehicle owned by the
5-17 defendant or on the vehicle most regularly operated [driven] by the
5-18 defendant, a device that uses a deep-lung breath analysis mechanism
5-19 to make impractical the operation of a motor vehicle if ethyl
5-20 alcohol is detected in the breath of the operator; and
5-21 (2) not operate any motor vehicle unless the vehicle
5-22 is equipped with such a [that] device.
5-23 (b) The magistrate is not required to prohibit a defendant
5-24 from operating a motor vehicle that is [may] not equipped with
5-25 [require] the [installation of the] device if:
5-26 (1) the defendant is required to operate the motor
5-27 vehicle in the course and scope of the defendant's employment;
6-1 (2) the vehicle is owned by the defendant's employer;
6-2 (3) the employer is not owned or controlled by the
6-3 defendant;
6-4 (4) the magistrate requires the defendant to provide
6-5 to the employer written notice that the defendant is required to
6-6 have a device installed on the motor vehicle owned by the defendant
6-7 or on the vehicle most regularly operated by the defendant; and
6-8 (5) the magistrate requires the defendant to carry a
6-9 copy of that notice in the vehicle at any time the defendant is
6-10 operating the vehicle [the magistrate finds that to require the
6-11 device would not be in the best interest of justice].
6-12 (c) If the defendant is required to have the device
6-13 installed, the magistrate shall require [that] the defendant to
6-14 have the device installed on the appropriate motor vehicle, at the
6-15 defendant's expense, before the seventh [30th] day after the date
6-16 the defendant is released on bond and to apply for a special
6-17 restricted license under Section 521.2465, Transportation Code,
6-18 before the 30th day after the date of the notice provided under
6-19 that section.
6-20 (d) The magistrate shall [may] designate an appropriate
6-21 county monitoring agency or entity to verify the installation of
6-22 the device and to monitor the defendant's compliance with this
6-23 article and shall notify the agency or entity of the designation
6-24 [device]. In a county for which there is no personal bond pretrial
6-25 release office or similar agency, the judge may designate one or
6-26 more specific vendors approved by the Texas Department of Public
6-27 Safety to monitor the defendant's compliance.
7-1 (e) The magistrate shall send a copy of the magistrate's
7-2 order requiring installation of the device to the Texas Department
7-3 of Public Safety. The defendant shall provide a copy of the
7-4 magistrate's order to the designated monitor or, if the monitor is
7-5 a vendor, to that vendor and shall report to and provide an
7-6 additional copy of the order, as necessary, to a vendor approved by
7-7 the Texas Department of Public Safety for installation of the
7-8 device. The defendant shall report to the vendor that installs the
7-9 device at least once every 30 days for data collection and for
7-10 inspection and calibration of the device, and shall pay to the
7-11 vendor the service fee required by the defendant's contract with
7-12 the vendor.
7-13 (f) The vendor shall make available on request by the
7-14 monitor or by the magistrate daily activity data collected and
7-15 maintained by the device. The monitor shall verify installation of
7-16 the device and shall report any violation of this article or of the
7-17 magistrate's order to the magistrate. The vendor shall take action
7-18 as necessary to ensure that the effective operation of the device
7-19 is properly maintained and shall report to the monitor regarding
7-20 any failure of the defendant to timely report or to otherwise
7-21 comply with the conditions of this article.
7-22 (g) The defendant shall pay a fee of $10 to the monitor at
7-23 the time the monitor verifies the installation, unless the monitor
7-24 is also the vendor, in which event the collection of fees is
7-25 governed by the defendant's contract with the vendor. The monitor
7-26 may charge and collect from the defendant an additional fee in an
7-27 amount not to exceed $25 to cover the cost of reporting a violation
8-1 to the magistrate under this article, unless the monitor is also
8-2 the vendor, in which event the collection of fees is governed by
8-3 the defendant's contract with the vendor.
8-4 (h) A device installed under this article must comply with
8-5 each rule adopted by the Texas Department of Public Safety under
8-6 Section 521.247, Transportation Code.
8-7 (i) If the court in which the defendant's case is pending
8-8 discovers that a magistrate did not comply with Subsection (a)(1),
8-9 the court shall order the defendant to appear before the court not
8-10 later than the 15th day after the date the court discovers the
8-11 noncompliance. At the appearance, the court shall order the
8-12 defendant to have a device described by Subsection (a)(1) installed
8-13 in the appropriate vehicle as required by this article, except that
8-14 the seven-day installation requirement begins on the date of the
8-15 appearance.
8-16 SECTION 6. Sections 13(a) and (b), Article 42.12, Code of
8-17 Criminal Procedure, are amended to read as follows:
8-18 (a) A judge granting community supervision to a defendant
8-19 convicted of an offense under Chapter 49, Penal Code, shall require
8-20 as a condition of community supervision that the defendant submit
8-21 to:
8-22 (1) not less than 72 hours [three days] of continuous
8-23 confinement in county jail or a community corrections facility if
8-24 the defendant was punished under Section 49.09(a);
8-25 (2) not less than 10 days of continuous confinement in
8-26 county jail or a community corrections facility if the defendant
8-27 was punished under Section 49.09(b) [or (c)]; [or]
9-1 (3) not less than 30 days of continuous confinement in
9-2 county jail or a community corrections facility if the defendant
9-3 was convicted under Section 49.07; or [and]
9-4 (4) not less than 120 days of continuous confinement
9-5 in county jail or a community corrections facility if the defendant
9-6 was convicted under Section 49.08
9-7 [(2) an evaluation by a supervision officer or by a
9-8 person, program, or facility approved by the Texas Commission on
9-9 Alcohol and Drug Abuse for the purpose of having the facility
9-10 prescribe and carry out a course of conduct necessary for the
9-11 rehabilitation of the defendant's drug or alcohol dependence
9-12 condition].
9-13 (b) A judge granting community supervision to a defendant
9-14 convicted of an offense under Sections 49.04-49.08 [Section 49.08],
9-15 Penal Code, shall require as a condition of community supervision
9-16 that the defendant submit to an evaluation by a supervision officer
9-17 or by a person, program, or facility approved by the Texas
9-18 Commission on Alcohol and Drug Abuse for the purpose of having the
9-19 facility prescribe and supervise a course of conduct necessary for
9-20 the rehabilitation of the defendant's drug or alcohol dependence
9-21 condition [a period of confinement of not less than 120 days].
9-22 SECTION 7. Section 13(i), Article 42.12, Code of Criminal
9-23 Procedure, is amended to read as follows:
9-24 (i) If a defendant [person] convicted of an offense under
9-25 Section 49.04, 49.05, or 49.06 [Sections 49.04-49.08], Penal Code,
9-26 is placed on community supervision, regardless of whether an
9-27 analysis was made of the defendant's alcohol concentration, the
10-1 court may require as a condition of community supervision that the
10-2 defendant have a device installed, on the motor vehicle owned by
10-3 the defendant or on the vehicle most regularly operated [driven] by
10-4 the defendant, that uses a deep-lung breath analysis mechanism to
10-5 make impractical the operation of the motor vehicle if ethyl
10-6 alcohol is detected in the breath of the operator and that the
10-7 defendant not operate any motor vehicle that is not equipped with
10-8 that device. If the defendant [person] is convicted of an offense
10-9 under Section 49.04, 49.05, or 49.06 [Sections 49.04-49.06], Penal
10-10 Code, and an analysis of the defendant's breath, blood, or other
10-11 bodily substance showed an alcohol concentration of 0.15 or more,
10-12 or if the defendant is convicted of a second or subsequent offense
10-13 under one of those sections within 10 years before the date of the
10-14 previous conviction [and punished under Section 49.09(a) or (b),
10-15 Penal Code,] or is convicted of an [a second or subsequent] offense
10-16 under Section 49.07 or 49.08, Penal Code, and the person after
10-17 conviction of the [either] offense is placed on community
10-18 supervision, the court shall require as a condition of community
10-19 supervision that the defendant have the device installed on the
10-20 appropriate vehicle, regardless of whether the defendant intends to
10-21 operate the vehicle, and that the defendant not operate any motor
10-22 vehicle unless the vehicle is equipped with that device. For the
10-23 purposes of complying with this subsection, before [Before] placing
10-24 on community supervision a defendant [person] convicted of an
10-25 offense under Section 49.04, 49.05, or 49.06 [Sections
10-26 49.04-49.08], Penal Code, the court shall verify whether an
10-27 analysis of the defendant's breath, blood, or other bodily
11-1 substance showed an alcohol concentration of 0.15 or more and shall
11-2 determine from criminal history record information maintained by
11-3 the Texas Department of Public Safety whether the defendant
11-4 [person] has one or more previous convictions under any one of
11-5 those sections within the preceding 10 years [Sections 49.04-49.08,
11-6 Penal Code, or has one previous conviction under Sections
11-7 49.04-49.07, Penal Code, or one previous conviction under Section
11-8 49.08, Penal Code. If the court determines that the person has one
11-9 or more such previous convictions, the court shall require as a
11-10 condition of community supervision that the defendant have that
11-11 device installed on the motor vehicle owned by the defendant or on
11-12 the vehicle most regularly driven by the defendant and that the
11-13 defendant not operate any motor vehicle unless the vehicle is
11-14 equipped with the device described in this subsection]. If a court
11-15 requires a defendant to have a device installed as a condition of
11-16 community supervision under this subsection, the [The] court shall
11-17 require the defendant to have [obtain] the device installed on the
11-18 appropriate motor vehicle at the defendant's expense, [own cost]
11-19 before the seventh [30th] day after the date of conviction and to
11-20 apply for a restricted license under Section 521.2465,
11-21 Transportation Code, before the 30th day after the date of the
11-22 notice provided under that section [unless the court finds that to
11-23 do so would not be in the best interest of justice and enters its
11-24 findings on record]. The court shall designate the community
11-25 supervision and corrections department or another appropriate
11-26 county monitoring agency to verify the installation of the device
11-27 and to monitor the defendant's compliance with this subsection and
12-1 shall notify the department or agency of the designation. The
12-2 court shall require the defendant to provide evidence to the court
12-3 or to the monitoring agency before the 30th day after the date of
12-4 sentencing [within the 30-day period] that the device has been
12-5 installed on the appropriate vehicle and shall order the defendant
12-6 to maintain installation of the device [to remain installed] on
12-7 that vehicle for a period not less than 50 percent of the
12-8 supervision period. For any term of community supervision
12-9 exceeding 18 months, the judge shall order the defendant to
12-10 maintain installation of the device for a period of not less than
12-11 18 months. The court shall send a copy of the court's order
12-12 requiring installation of the device to the Texas Department of
12-13 Public Safety. The defendant shall provide a copy of the court's
12-14 order to the designated monitor and shall report to and provide an
12-15 additional copy of the order to an ignition interlock device vendor
12-16 approved by the Texas Department of Public Safety. The defendant
12-17 shall report to the vendor at least once every 30 days for data
12-18 collection and for inspection and calibration of the device and
12-19 shall pay to the vendor the service fee required by the defendant's
12-20 contract with the vendor. The vendor shall make available on
12-21 request by the monitor or by the court daily activity data
12-22 collected and maintained by the device. The monitor shall verify
12-23 installation of the device and shall report any violation of this
12-24 article or of the court's order to the court. The vendor shall
12-25 take action as necessary to ensure that the effective operation of
12-26 the device is properly maintained and shall report to the monitor
12-27 regarding any failure of the defendant to timely report or to
13-1 otherwise comply with the conditions of this subsection. The
13-2 defendant shall pay a fee of $10 to the monitor at the time the
13-3 monitor verifies the installation. The monitor may charge and
13-4 collect from the defendant an additional fee in an amount not to
13-5 exceed $25 to cover the cost of reporting a violation to the court
13-6 under this subsection. If the court determines the defendant
13-7 [offender] is unable to pay for installation, monitoring, or
13-8 calibration of the device, the court may impose a reasonable
13-9 payment schedule not to exceed twice the period of the court's
13-10 order. A device installed under this subsection must comply with
13-11 each rule adopted by the Texas [The] Department of Public Safety
13-12 [shall approve devices for use] under [this subsection. The
13-13 provisions of] Section 521.247, Transportation Code [23A(f),
13-14 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
13-15 (Article 6687b, Vernon's Texas Civil Statutes), apply to the
13-16 approval of a device under this subsection and the consequences of
13-17 that approval]. Notwithstanding the preceding provisions of this
13-18 subsection [section], [if] a person [is required to operate a motor
13-19 vehicle in the course and scope of the person's employment and if
13-20 the vehicle is owned by the employer, the person] may operate a
13-21 motor [that] vehicle without installation of an approved ignition
13-22 interlock device if the person is required to operate the motor
13-23 vehicle in the course and scope of the person's employment, the
13-24 vehicle is owned by the person's employer, the employer is not
13-25 owned or controlled by the person, the court requires the person to
13-26 provide to the employer written notice that the person is required
13-27 to have a device installed on the motor vehicle owned by the person
14-1 or on the vehicle most regularly operated by the person, and the
14-2 court requires the person to carry a copy [has been notified of
14-3 that driving privilege restriction and if proof] of that notice in
14-4 [notification is with] the vehicle at any time the person is
14-5 operating the vehicle. [This employment exemption does not apply,
14-6 however, if the business entity that owns the vehicle is owned or
14-7 controlled by the person whose driving privilege has been
14-8 restricted.]
14-9 SECTION 8. Sections 13(k) and (l), Article 42.12, Code of
14-10 Criminal Procedure, are amended to read as follows:
14-11 (k)(1) Except as provided by Subdivision (2) of this
14-12 subsection, notwithstanding [Notwithstanding] Section 521.344(d),
14-13 Transportation Code [24(g), Chapter 173, Acts of the 47th
14-14 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
14-15 Civil Statutes)], if the judge, under Subsection (h) or (j) of this
14-16 section, permits or requires a defendant punished under Section
14-17 49.09, Penal Code, to attend an educational program as a condition
14-18 of community supervision, or waives the required attendance for
14-19 such a program, and the defendant has previously been required to
14-20 attend such a program, or the required attendance at the program
14-21 had been waived, the judge nonetheless shall order the suspension
14-22 of the driver's license, permit, or operating privilege of that
14-23 person for a period determined by the judge according to the
14-24 following schedule:
14-25 (A) [(1)] not less than 90 days or more than 365
14-26 days, if the defendant is convicted under Section 49.04, 49.05,
14-27 49.06, 49.07, or 49.08 [Sections 49.04-49.08], Penal Code; or
15-1 (B) [(2)] not less than 180 days or more than
15-2 two years, if the defendant is punished under Section 49.09, Penal
15-3 Code.
15-4 (2) Subdivision (1) of this subsection does not apply
15-5 to a defendant placed on community supervision and required as a
15-6 condition of community supervision to not operate a motor vehicle
15-7 unless the vehicle is equipped with the device described by
15-8 Subsection (i) of this section.
15-9 (l)(1) Except as provided by Subdivision (2) of this
15-10 subsection, if [If] the Texas Department of Public Safety receives
15-11 notice that a defendant has been required or permitted to attend a
15-12 subsequent educational program under Subsection (h), (j), or (k) of
15-13 this section, although the previously required attendance had been
15-14 waived, but the judge has not ordered a period of suspension, the
15-15 department shall suspend the defendant's driver's license, permit,
15-16 or operating privilege, or shall issue an order prohibiting the
15-17 defendant from obtaining a license or permit for a period of 365
15-18 days.
15-19 (2) Subdivision (1) of this subsection does not apply
15-20 to a defendant placed on community supervision and required as a
15-21 condition of community supervision to not operate a motor vehicle
15-22 unless the vehicle is equipped with the device described by
15-23 Subsection (i) of this section.
15-24 SECTION 9. Section 509.004(a), Government Code, is amended
15-25 to read as follows:
15-26 (a) The division shall require each department to:
15-27 (1) keep financial and statistical records determined
16-1 necessary by the division;
16-2 (2) submit a community justice plan and all supporting
16-3 information requested by the division;
16-4 (3) present data requested by the division as
16-5 necessary to determine the amount of state aid for which the
16-6 department is eligible;
16-7 (4) submit periodic financial audits and statistical
16-8 reports to the division;
16-9 (5) submit periodic data to the division on the
16-10 required use of devices that use a deep-lung breath analysis
16-11 mechanism [mechanisms] to make impractical the operation of a motor
16-12 vehicle if ethyl alcohol is detected in the breath of the operator,
16-13 including the number of devices in use, the number of violations
16-14 detected and reported, the number of reported [malfunctions by the
16-15 devices, and] attempts to circumvent the devices, and a description
16-16 of the actions taken by the court as a result of reported
16-17 violations or reported attempts to circumvent the devices; and
16-18 (6) submit to the Texas Department of Public Safety
16-19 the full name, address, date of birth, social security number, and
16-20 driver's license number of each person restricted to the operation
16-21 of a motor vehicle equipped with a device that uses a deep-lung
16-22 breath analysis mechanism to make impractical the operation of the
16-23 motor vehicle if ethyl alcohol is detected in the breath of the
16-24 restricted operator.
16-25 SECTION 10. Section 521.242, Transportation Code, is amended
16-26 by amending Subsection (d) and adding Subsection (f) to read as
16-27 follows:
17-1 (d) A petition filed under Subsection (b) or (f) must state
17-2 that the petitioner was:
17-3 (1) convicted in that court for an offense under the
17-4 laws of this state; or
17-5 (2) restricted by that court to the operation of a
17-6 motor vehicle equipped with an ignition interlock device under
17-7 Article 17.441, Code of Criminal Procedure.
17-8 (f) A person who has been restricted by a magistrate of a
17-9 county court or district court to the operation of a motor vehicle
17-10 equipped with an ignition interlock device under Article 17.441,
17-11 Code of Criminal Procedure, may apply for an occupational license
17-12 by filing a verified petition only with the clerk of the court that
17-13 required the device. If the device was required by a magistrate of
17-14 any other court, the verified petition must be filed with the clerk
17-15 of a district court described by Subsection (a).
17-16 SECTION 11. Section 521.246, Transportation Code, is amended
17-17 to read as follows:
17-18 Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT.
17-19 (a) If the person's license has been suspended after a conviction
17-20 under Section 49.04, 49.05 [49.07], or 49.06 [49.08], Penal Code,
17-21 the judge, before signing an order, shall determine whether an
17-22 analysis of the person's breath, blood, or other bodily substance
17-23 showed an alcohol concentration of 0.15 or more and shall determine
17-24 from the criminal history record information maintained by the
17-25 department whether the person has one or more [any] previous
17-26 convictions [conviction] under any one of those sections within 10
17-27 years before the date of the previous conviction [those laws]. If
18-1 an analysis showed an alcohol concentration of 0.15 or more or if
18-2 the person has such a previous conviction, the judge shall restrict
18-3 the person to operation of a motor vehicle equipped with an
18-4 ignition interlock device.
18-5 (b) If [As part of the order the judge may restrict the
18-6 person to the operation of a motor vehicle equipped with an
18-7 ignition interlock device if the judge determines that] the
18-8 person's license has been suspended following a conviction under
18-9 Section [49.04,] 49.07[,] or 49.08, Penal Code, the judge shall
18-10 restrict the person to operation of a motor vehicle equipped with
18-11 an ignition interlock device. [As part of the order, the judge
18-12 shall restrict the person to the operation of a motor vehicle
18-13 equipped with an ignition interlock device if the judge determines
18-14 that:]
18-15 [(1) the person has two or more convictions under any
18-16 combination of Section 49.04, 49.07, or 49.08, Penal Code; or]
18-17 [(2) the person's license has been suspended after a
18-18 conviction under Section 49.04, Penal Code, for which the person
18-19 has been punished under Section 49.09, Penal Code.]
18-20 (c) A judge who restricts a person to the operation of a
18-21 motor vehicle equipped with an ignition interlock device shall
18-22 impose on the person each condition of release that must be imposed
18-23 on a person as a condition of release on community supervision
18-24 under Section 13(i), Article 42.12, Code of Criminal Procedure [The
18-25 person shall obtain the ignition interlock device at the person's
18-26 own expense unless the court finds that to do so is not in the best
18-27 interest of justice and enters that finding in the record. If the
19-1 court determines that the person is unable to pay for the device,
19-2 the court may impose a reasonable payment schedule for a term not
19-3 to exceed twice the period of the court's order].
19-4 (d) [The court shall order the ignition interlock device to
19-5 remain installed for at least half of the period of supervision.]
19-6 [(e)] A person to whom this section applies may operate a
19-7 motor vehicle without the installation of an approved ignition
19-8 interlock device if:
19-9 (1) the person is required to operate a motor vehicle
19-10 in the course and scope of the person's employment;
19-11 (2) the vehicle is owned by the person's employer;
19-12 (3) the employer is not owned or controlled by the
19-13 person whose operating [driving] privilege is restricted;
19-14 (4) the court requires the person to provide to the
19-15 employer written notice that the person is required to have a
19-16 device installed on the motor vehicle owned by the person or on the
19-17 vehicle most regularly operated by the person [is notified of the
19-18 driving privilege restriction]; and
19-19 (5) the court requires the person to carry a copy
19-20 [proof] of that notice in [notification is with] the vehicle at any
19-21 time the person is operating the vehicle.
19-22 SECTION 12. Section 521.2465(b), Transportation Code, is
19-23 amended to read as follows:
19-24 (b) On expiration of the period during which a person is
19-25 restricted to the operation of a motor vehicle equipped with an
19-26 ignition interlock device, as indicated by a copy of the court
19-27 order imposing the restriction, or on receipt of a copy of a court
20-1 order removing the restriction, the department shall issue the
20-2 person a driver's license without the restriction.
20-3 SECTION 13. (a) This Act takes effect September 1, 1999.
20-4 (b) The changes in law made by Sections 3, 6, 7, 8, and 11
20-5 of this Act apply only to a person convicted of an offense
20-6 committed on or after the effective date of this Act. An offense
20-7 committed before the effective date of this Act is covered by the
20-8 law in effect when the offense was committed, and the former law is
20-9 continued in effect for that purpose. For purposes of this
20-10 subsection, an offense was committed before the effective date of
20-11 this Act if any element of the offense occurred before that date.
20-12 SECTION 14. The importance of this legislation and the
20-13 crowded condition of the calendars in both houses create an
20-14 emergency and an imperative public necessity that the
20-15 constitutional rule requiring bills to be read on three several
20-16 days in each house be suspended, and this rule is hereby suspended.