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.