76R11136 PEP-D                           
         By Talton                                             H.B. No. 1594
         Substitute the following for H.B. No. 1594:
         By Talton                                         C.S.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 49.09(a), Penal Code, is amended to read
 3-2     as follows:
 3-3           (a)  If it is shown on the trial of an offense under Section
 3-4     49.04, 49.05, or 49.06 that the person has previously been
 3-5     convicted one time of an offense relating to the operating of a
 3-6     motor vehicle while intoxicated, an offense of operating an
 3-7     aircraft while intoxicated, or an offense of operating a watercraft
 3-8     while intoxicated, the offense is a Class A misdemeanor, with a
 3-9     minimum term of continuous confinement of 15 [30] days.
3-10           SECTION 3.  Article 17.03(c), Code of Criminal Procedure, is
3-11     amended to read as follows:
3-12           (c)  When setting a personal bond under this chapter, on
3-13     reasonable belief by the investigating or arresting law enforcement
3-14     agent or any magistrate, including the magistrate who releases the
3-15     defendant on personal bond or the magistrate of the court in which
3-16     the defendant's case is pending, of the presence of a controlled
3-17     substance in the defendant's body or on the finding of drug or
3-18     alcohol abuse related to the offense for which the defendant is
3-19     charged, the court or a magistrate shall require as a condition of
3-20     personal bond, if the condition will serve to reasonably assure the
3-21     appearance of the defendant for trial or to protect the public
3-22     safety, that the defendant:
3-23                 (1)  submit to testing for alcohol or a controlled
3-24     substance in the defendant's body and participate in an alcohol or
3-25     drug abuse treatment or education program;
3-26                 (2)  comply with each condition of release required by
3-27     Article 17.441, regardless of whether the defendant is charged with
 4-1     an offense under Chapter 49, Penal Code; or
 4-2                 (3)  satisfy the requirements of both Subdivisions (1)
 4-3     and (2) [if such a condition will serve to reasonably assure the
 4-4     appearance of the defendant for trial].
 4-5           SECTION 4.  Article 17.441, Code of Criminal Procedure, is
 4-6     amended to read as follows:
 4-7           Art. 17.441.  CONDITIONS REQUIRING MOTOR VEHICLE IGNITION
 4-8     INTERLOCK.  (a)  Except as provided by Subsection (b), a magistrate
 4-9     shall require on release that a defendant charged with an offense
4-10     under Section 49.04, 49.05, or 49.06, Penal Code, for whom an
4-11     analysis of breath, blood, or other bodily substance showed an
4-12     alcohol concentration of 0.15 or more, a defendant charged with a
4-13     second or subsequent offense under one of those sections within 10
4-14     years before the date of the previous conviction, [Sections
4-15     49.04-49.06, Penal Code,] or a defendant charged with an offense
4-16     under Section 49.07 or 49.08, Penal Code [of that code]:
4-17                 (1)  have installed on the motor vehicle owned by the
4-18     defendant or on the vehicle most regularly operated [driven] by the
4-19     defendant, a device that uses a deep-lung breath analysis mechanism
4-20     to make impractical the operation of a motor vehicle if ethyl
4-21     alcohol is detected in the breath of the operator; and
4-22                 (2)  not operate any motor vehicle unless the vehicle
4-23     is equipped with such a [that] device.
4-24           (b)  The magistrate is not required to prohibit a defendant
4-25     from operating a motor vehicle that is [may] not equipped with
4-26     [require] the [installation of the] device if:
4-27                 (1)  the defendant is required to operate the motor
 5-1     vehicle in the course and scope of the defendant's employment;
 5-2                 (2)  the vehicle is owned by the defendant's employer;
 5-3                 (3)  the employer is not owned or controlled by the
 5-4     defendant;
 5-5                 (4)  the magistrate requires the defendant to provide
 5-6     to the employer written notice that the defendant is required to
 5-7     have a device installed on the motor vehicle owned by the defendant
 5-8     or on the vehicle most regularly operated by the defendant; and
 5-9                 (5)  the magistrate requires the defendant to carry a
5-10     copy of that notice in the vehicle at any time the defendant is
5-11     operating the vehicle [the magistrate finds that to require the
5-12     device would not be in the best interest of justice].
5-13           (c)  If the defendant is required to have the device
5-14     installed, the magistrate shall require [that] the defendant to
5-15     have the device installed on the appropriate motor vehicle, at the
5-16     defendant's expense, before the seventh [30th] day after the date
5-17     the defendant is released on bond and to apply for a special
5-18     restricted license under Section 521.2465, Transportation Code,
5-19     before the 30th day after the date of the notice provided under
5-20     that section.
5-21           (d)  The magistrate shall [may] designate an appropriate
5-22     county monitoring agency or entity to verify the installation of
5-23     the device and to monitor the defendant's compliance with this
5-24     article and shall notify the agency or entity of the designation
5-25     [device].  In a county for which there is no personal bond pretrial
5-26     release office or similar agency, the judge may designate one or
5-27     more specific vendors approved by the Texas Department of Public
 6-1     Safety to monitor the defendant's compliance.
 6-2           (e)  The magistrate shall send a copy of the magistrate's
 6-3     order requiring installation of the device to the Texas Department
 6-4     of Public Safety.  The defendant shall provide a copy of the
 6-5     magistrate's order to the designated monitor or, if the monitor is
 6-6     a vendor, to that vendor and shall report to and provide an
 6-7     additional copy of the order, as necessary, to a vendor approved by
 6-8     the Texas Department of Public Safety for installation of the
 6-9     device.  The defendant shall report to the vendor that installs the
6-10     device at least once every 30 days for data collection and for
6-11     inspection and calibration of the device, and shall pay to the
6-12     vendor the service fee required by the defendant's contract with
6-13     the vendor.
6-14           (f)  The vendor shall make available on request by the
6-15     monitor or by the magistrate daily activity data collected and
6-16     maintained by the device.  The monitor shall verify installation of
6-17     the device and shall report any violation of this article or of the
6-18     magistrate's order to the magistrate.  The vendor shall take action
6-19     as necessary to ensure that the effective operation of the device
6-20     is properly maintained and shall report to the monitor regarding
6-21     any failure of the defendant to timely report or to otherwise
6-22     comply with the conditions of this article.
6-23           (g)  The defendant shall pay a fee of $10 to the monitor at
6-24     the time the monitor verifies the installation, unless the monitor
6-25     is also the vendor, in which event the collection of fees is
6-26     governed by the defendant's contract with the vendor.  The monitor
6-27     may charge and collect from the defendant an additional fee in an
 7-1     amount not to exceed $25 to cover the cost of reporting a violation
 7-2     to the magistrate under this article, unless the monitor is also
 7-3     the vendor, in which event the collection of fees is governed by
 7-4     the defendant's contract with the vendor.
 7-5           (h)  A device installed under this article must comply with
 7-6     each rule adopted by the Texas Department of Public Safety under
 7-7     Section 521.247, Transportation Code.
 7-8           (i)  If the court in which the defendant's case is pending
 7-9     discovers that a magistrate did not comply with Subsection (a)(1),
7-10     the court shall order the defendant to appear before the court not
7-11     later than the 15th day after the date the court discovers the
7-12     noncompliance.  At the appearance, the court shall order the
7-13     defendant to have a device described by Subsection (a)(1) installed
7-14     in the appropriate vehicle as required by this article, except that
7-15     the seven-day installation requirement begins on the date of the
7-16     appearance.
7-17           SECTION 5.  Sections 13(a) and (b), Article 42.12, Code of
7-18     Criminal Procedure, are amended to read as follows:
7-19           (a)  A judge granting community supervision to a defendant
7-20     convicted of an offense under Chapter 49, Penal Code, shall require
7-21     as a condition of community supervision that the defendant submit
7-22     to:
7-23                 (1)  not less than 72 hours [three days] of continuous
7-24     confinement in county jail or a community corrections facility if
7-25     the defendant was punished under Section 49.09(a);
7-26                 (2)  not less than 10 days of continuous confinement in
7-27     county jail or a community corrections facility if the defendant
 8-1     was punished under Section 49.09(b) [or (c)]; [or]
 8-2                 (3)  not less than 30 days of continuous confinement in
 8-3     county jail or a community corrections facility if the  defendant
 8-4     was convicted under Section 49.07; or [and]
 8-5                 (4)  not less than 120 days of continuous confinement
 8-6     in county jail or a community corrections facility if the defendant
 8-7     was convicted under Section 49.08
 8-8                 [(2)  an evaluation by a supervision officer or by a
 8-9     person, program, or facility approved by the Texas Commission on
8-10     Alcohol and Drug Abuse for the purpose of having the facility
8-11     prescribe and carry out a course of conduct necessary for the
8-12     rehabilitation of the defendant's drug or alcohol dependence
8-13     condition].
8-14           (b)  A judge granting community supervision to a defendant
8-15     convicted of an offense under Sections 49.04-49.08 [Section 49.08],
8-16     Penal Code, shall require as a condition of community supervision
8-17     that the defendant submit to an evaluation by a supervision officer
8-18     or by a person, program, or facility approved by the Texas
8-19     Commission on Alcohol and Drug Abuse for the purpose of having the
8-20     facility prescribe and supervise a course of conduct necessary for
8-21     the rehabilitation of the defendant's drug or alcohol dependence
8-22     condition [a period of confinement of not less than 120 days].
8-23           SECTION 6.  Section 13(i), Article 42.12, Code of Criminal
8-24     Procedure, is amended to read as follows:
8-25           (i)  If a defendant [person] convicted of an offense under
8-26     Section 49.04, 49.05, or 49.06 [Sections 49.04-49.08], Penal Code,
8-27     is placed on community supervision, regardless of whether an
 9-1     analysis was made of the defendant's alcohol concentration, the
 9-2     court may require as a condition of community supervision that the
 9-3     defendant have a device installed, on the motor vehicle owned by
 9-4     the defendant or on the vehicle most regularly operated [driven] by
 9-5     the defendant, that uses a deep-lung breath analysis mechanism to
 9-6     make impractical the operation of the motor vehicle if ethyl
 9-7     alcohol is detected in the breath of the operator and that the
 9-8     defendant not operate any motor vehicle that is not equipped with
 9-9     that device.  If the defendant [person] is convicted of an offense
9-10     under Section 49.04, 49.05, or 49.06 [Sections 49.04-49.06], Penal
9-11     Code, and an analysis of the defendant's breath, blood, or other
9-12     bodily substance showed an alcohol concentration of 0.15 or more,
9-13     or if the defendant is convicted of a second or subsequent offense
9-14     under one of those sections within 10 years before the date of the
9-15     previous conviction [and punished under Section 49.09(a) or (b),
9-16     Penal Code,] or is convicted of an [a second or subsequent] offense
9-17     under Section 49.07 or 49.08, Penal Code, and the person after
9-18     conviction of the [either] offense is placed on community
9-19     supervision, the court shall require as a condition of community
9-20     supervision that the defendant have the device installed on the
9-21     appropriate vehicle, regardless of whether the defendant intends to
9-22     operate the vehicle, and that the defendant not operate any motor
9-23     vehicle unless the vehicle is equipped with that device.  For the
9-24     purposes of complying with this subsection, before [Before] placing
9-25     on community supervision a defendant [person] convicted of an
9-26     offense under Section 49.04, 49.05, or 49.06 [Sections
9-27     49.04-49.08], Penal Code, the court shall verify whether an
 10-1    analysis of the defendant's breath, blood, or other bodily
 10-2    substance showed an alcohol concentration of 0.15 or more and shall
 10-3    determine from criminal history record information maintained by
 10-4    the Texas Department of Public Safety whether the defendant
 10-5    [person] has one or more previous convictions under any one of
 10-6    those sections within the preceding 10 years [Sections 49.04-49.08,
 10-7    Penal Code, or has one previous conviction under Sections
 10-8    49.04-49.07, Penal Code, or one previous conviction under Section
 10-9    49.08, Penal Code.  If the court determines that the person has one
10-10    or more such previous convictions, the court shall require as a
10-11    condition of community supervision that the defendant have that
10-12    device installed on the  motor vehicle owned by the defendant or on
10-13    the vehicle most regularly driven by the defendant and that the
10-14    defendant not operate any  motor vehicle unless the vehicle is
10-15    equipped with the device described in this subsection].  If a court
10-16    requires a defendant to have a device installed as a condition of
10-17    community supervision under this subsection, the [The] court shall
10-18    require the defendant to have [obtain] the device installed on the
10-19    appropriate motor vehicle at the defendant's expense, [own cost]
10-20    before the seventh [30th] day after the date of conviction and to
10-21    apply for a restricted license under Section 521.2465,
10-22    Transportation Code, before the 30th day after the date of the
10-23    notice provided under that section [unless the court finds that to
10-24    do so would not be in the best interest of justice and enters its
10-25    findings on record]. The court shall designate the community
10-26    supervision and corrections department or another appropriate
10-27    county monitoring agency to verify the installation of the device
 11-1    and to monitor the defendant's compliance with this subsection and
 11-2    shall notify the department or agency of the designation.  The
 11-3    court shall require the defendant to provide evidence to the court
 11-4    or to the monitoring agency before the 30th day after the date of
 11-5    sentencing [within the 30-day period] that the device has been
 11-6    installed on the appropriate vehicle and shall order the defendant
 11-7    to maintain installation of the device [to remain installed] on
 11-8    that vehicle for a period not less than 50 percent of the
 11-9    supervision period.  For any term of community supervision
11-10    exceeding 18 months, the judge shall order the defendant to
11-11    maintain installation of the device for a period of not less than
11-12    18 months.  The court shall send a copy of the court's order
11-13    requiring installation of the device to the Texas Department of
11-14    Public Safety.  The defendant shall provide a copy of the court's
11-15    order to the designated monitor and shall report to and provide an
11-16    additional copy of the order to an ignition interlock device vendor
11-17    approved by the Texas Department of Public Safety.  The defendant
11-18    shall report to the vendor  at least once every 30 days for data
11-19    collection and for inspection and calibration of the device and
11-20    shall pay to the vendor the service fee required by the defendant's
11-21    contract with the vendor.  The vendor shall make available on
11-22    request by the monitor or by the court daily activity data
11-23    collected and maintained by the device.  The monitor shall verify
11-24    installation of the device and shall report any violation of this
11-25    article or of the court's order to the court.  The vendor shall
11-26    take action as necessary to ensure that the effective operation of
11-27    the device is properly maintained and shall report to the monitor
 12-1    regarding any failure of the defendant to timely report or to
 12-2    otherwise comply with the conditions of this subsection.  The
 12-3    defendant shall pay a fee of $10 to the monitor at the time the
 12-4    monitor verifies the installation.  The monitor may charge and
 12-5    collect from the defendant an additional fee in an amount not to
 12-6    exceed $25 to cover the cost of reporting a violation to the court
 12-7    under this subsection.  If the court determines the defendant
 12-8    [offender] is unable to pay for installation, monitoring, or
 12-9    calibration of the device, the court may impose a reasonable
12-10    payment schedule not to exceed twice the period of the court's
12-11    order.  A device installed under this subsection must comply with
12-12    each rule adopted by the Texas [The] Department of Public Safety
12-13    [shall approve devices for use] under [this subsection.  The
12-14    provisions of] Section 521.247, Transportation Code [23A(f),
12-15    Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
12-16    (Article 6687b, Vernon's Texas Civil Statutes), apply to the
12-17    approval of a device under this subsection and the consequences of
12-18    that approval].  Notwithstanding the preceding provisions of this
12-19    subsection [section], [if] a person [is required to operate a motor
12-20    vehicle in the course and scope of the person's employment and if
12-21    the vehicle is owned by the employer, the person] may operate a
12-22    motor [that] vehicle without installation of an approved ignition
12-23    interlock device if the person is required to operate the motor
12-24    vehicle in the course and scope of the person's employment, the
12-25    vehicle is owned by the person's employer, the employer is not
12-26    owned or controlled by the person, the court requires the person to
12-27    provide to the employer written notice that the person is required
 13-1    to have a device installed on the motor vehicle owned by the person
 13-2    or on the vehicle most regularly operated by the person, and the
 13-3    court requires the person to carry a copy [has been notified of
 13-4    that driving privilege restriction and if proof] of that notice in
 13-5    [notification is with] the vehicle at any time the person is
 13-6    operating the vehicle. [This employment exemption does not apply,
 13-7    however, if the business entity that owns the  vehicle is owned or
 13-8    controlled by the person whose driving privilege has been
 13-9    restricted.]
13-10          SECTION 7.  Sections 13(k) and (l), Article 42.12, Code of
13-11    Criminal Procedure, are amended to read as follows:
13-12          (k)(1)  Except as provided by Subdivision (2) of this
13-13    subsection, notwithstanding [Notwithstanding] Section 521.344(d),
13-14    Transportation Code [24(g), Chapter 173, Acts of the 47th
13-15    Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
13-16    Civil Statutes)], if the judge, under Subsection (h) or (j) of this
13-17    section, permits or requires a defendant punished under Section
13-18    49.09, Penal Code, to attend an educational program as a condition
13-19    of community supervision, or waives the required attendance for
13-20    such a program, and the defendant has previously been required to
13-21    attend such a program, or the required attendance at the program
13-22    had been waived, the judge nonetheless shall order the suspension
13-23    of the driver's license, permit, or operating privilege of that
13-24    person for a period determined by the judge according to the
13-25    following schedule:
13-26                      (A) [(1)]  not less than 90 days or more than 365
13-27    days, if the defendant is convicted under Section 49.04, 49.05,
 14-1    49.06, 49.07, or 49.08 [Sections 49.04-49.08], Penal Code; or
 14-2                      (B) [(2)]  not less than 180 days or more than
 14-3    two years, if the defendant is punished under Section 49.09, Penal
 14-4    Code.
 14-5                (2)  Subdivision (1) of this subsection does not apply
 14-6    to a defendant placed on community supervision and required as a
 14-7    condition of community supervision to not operate a motor vehicle
 14-8    unless the vehicle is equipped with the device described by
 14-9    Subsection (i) of this section.
14-10          (l)(1)  Except as provided by Subdivision (2) of this
14-11    subsection, if [If] the Texas Department of Public Safety receives
14-12    notice that a defendant has been required or permitted to attend a
14-13    subsequent educational program under Subsection (h), (j), or (k) of
14-14    this section, although the previously required attendance had been
14-15    waived, but the judge has not ordered a period of suspension, the
14-16    department shall suspend the defendant's driver's license, permit,
14-17    or operating privilege, or shall issue an order prohibiting the
14-18    defendant from obtaining a license or permit for a period of 365
14-19    days.
14-20                (2)  Subdivision (1) of this subsection does not apply
14-21    to a defendant placed on community supervision and required as a
14-22    condition of community supervision to not operate a motor vehicle
14-23    unless the vehicle is equipped with the device described by
14-24    Subsection (i) of this section.
14-25          SECTION 8.  Section 509.004(a), Government Code, is amended
14-26    to read as follows:
14-27          (a)  The division shall require each department to:
 15-1                (1)  keep financial and statistical records determined
 15-2    necessary by the division;
 15-3                (2)  submit a community justice plan and all supporting
 15-4    information requested by the division;
 15-5                (3)  present data requested by the division as
 15-6    necessary to determine the amount of state aid for which the
 15-7    department is eligible;
 15-8                (4)  submit periodic financial audits and statistical
 15-9    reports to the division;
15-10                (5)  submit periodic data to the division on the
15-11    required use of devices that use a deep-lung breath analysis
15-12    mechanism [mechanisms] to make impractical the operation of a motor
15-13    vehicle if ethyl alcohol is detected in the breath of the operator,
15-14    including the number of devices in use, the number of violations
15-15    detected and reported, the number of reported [malfunctions by the
15-16    devices, and] attempts to circumvent the devices, and a description
15-17    of the actions taken by the court as a result of reported
15-18    violations or reported attempts to circumvent the devices; and
15-19                (6)  submit to the Texas Department of Public Safety
15-20    the full name, address, date of birth, social security number, and
15-21    driver's license number of each person restricted to the operation
15-22    of a motor vehicle equipped with a device that uses a deep-lung
15-23    breath analysis mechanism to make impractical the operation of the
15-24    motor vehicle if ethyl alcohol is detected in the breath of the
15-25    restricted operator.
15-26          SECTION 9.  Section 521.242, Transportation Code, is amended
15-27    by amending Subsection (d) and adding Subsection (f) to read as
 16-1    follows:
 16-2          (d)  A petition filed under Subsection (b) or (f) must state
 16-3    that the petitioner was:
 16-4                (1)  convicted in that court for an offense under the
 16-5    laws of this state; or
 16-6                (2)  restricted by that court to the operation of a
 16-7    motor vehicle equipped with an ignition interlock device under
 16-8    Article 17.441, Code of Criminal Procedure.
 16-9          (f)  A person who has been restricted by a magistrate of a
16-10    county court or district court to the operation of a motor vehicle
16-11    equipped with an ignition interlock device under Article 17.441,
16-12    Code of Criminal Procedure, may apply for an occupational license
16-13    by filing a verified petition only with the clerk of the court that
16-14    required the device.  If the device was required by a magistrate of
16-15    any other court, the verified petition must be filed with the clerk
16-16    of a district court described by Subsection (a).
16-17          SECTION 10.  Section 521.246, Transportation Code, is amended
16-18    to read as follows:
16-19          Sec. 521.246.  IGNITION INTERLOCK DEVICE REQUIREMENT.
16-20    (a)  If the person's license has been  suspended after a conviction
16-21    under Section 49.04, 49.05 [49.07], or 49.06 [49.08], Penal Code,
16-22    the judge, before signing an order, shall determine whether an
16-23    analysis of the person's breath, blood, or other bodily substance
16-24    showed an alcohol concentration of 0.15 or more and shall determine
16-25    from the criminal history record information maintained by the
16-26    department whether the person has one or more [any] previous
16-27    convictions [conviction] under any one of those sections within 10
 17-1    years before the date of the previous conviction [those laws].  If
 17-2    an analysis showed an alcohol concentration of 0.15 or more or if
 17-3    the person has such a previous conviction, the judge shall restrict
 17-4    the person to operation of a motor vehicle equipped with an
 17-5    ignition interlock device.
 17-6          (b)  If [As part of the order the judge may restrict the
 17-7    person to the operation of a motor vehicle equipped with an
 17-8    ignition interlock device if the judge determines that] the
 17-9    person's license has been suspended following a conviction under
17-10    Section [49.04,] 49.07[,] or 49.08, Penal Code, the judge shall
17-11    restrict the person to operation of a motor vehicle equipped with
17-12    an ignition interlock device.  [As part of the order, the judge
17-13    shall restrict the person to the operation of a motor vehicle
17-14    equipped with an ignition interlock device if the judge determines
17-15    that:]
17-16                [(1)  the person has two or more convictions under any
17-17    combination of Section 49.04, 49.07, or 49.08, Penal Code; or]
17-18                [(2)  the person's license has been suspended after a
17-19    conviction under Section 49.04, Penal Code, for which the person
17-20    has been punished under Section 49.09, Penal Code.]
17-21          (c)  A judge who restricts a person to the operation of a
17-22    motor vehicle equipped with an ignition interlock device shall
17-23    impose on the person each condition of release that must be imposed
17-24    on a person as a condition of release on community supervision
17-25    under Section 13(i), Article 42.12, Code of Criminal Procedure [The
17-26    person shall obtain the ignition interlock device at the person's
17-27    own expense unless the court finds that to do so is not in the best
 18-1    interest of justice and enters that finding in the record.  If the
 18-2    court determines that the person is unable to pay for the device,
 18-3    the court may impose a reasonable payment schedule for a term not
 18-4    to exceed twice the period of the court's order].
 18-5          (d)  [The court shall order the ignition interlock device to
 18-6    remain installed for at least half of the period of supervision.]
 18-7          [(e)]  A person to whom this section applies may operate a
 18-8    motor vehicle without the installation of an approved ignition
 18-9    interlock device if:
18-10                (1)  the person is required to operate a motor vehicle
18-11    in the course and scope of the person's employment;
18-12                (2)  the vehicle is owned by the person's employer;
18-13                (3)  the employer is not owned or controlled by the
18-14    person whose operating [driving] privilege is restricted;
18-15                (4)  the court requires the person to provide to the
18-16    employer written notice that the person is required to have a
18-17    device installed on the motor vehicle owned by the person or on the
18-18    vehicle most regularly operated by the person [is notified of the
18-19    driving privilege restriction]; and
18-20                (5)  the court requires the person to carry a copy
18-21    [proof] of that notice in [notification is with] the vehicle at any
18-22    time the person is operating the vehicle.
18-23          SECTION 11.  Section 521.2465(b), Transportation Code, is
18-24    amended to read as follows:
18-25          (b)  On expiration of the period during which a person is
18-26    restricted to the operation of a motor vehicle equipped with an
18-27    ignition interlock device, as indicated by a copy of the court
 19-1    order imposing the restriction, or on receipt of a copy of a court
 19-2    order removing the restriction, the department shall issue the
 19-3    person a  driver's license without the restriction.
 19-4          SECTION 12.  (a)  This Act takes effect September 1, 1999.
 19-5          (b)  The changes in law made by Sections 2, 5, 6, 7, and 10
 19-6    of this Act apply only to a person convicted of an offense
 19-7    committed on or after the effective date of this Act.  An offense
 19-8    committed before the effective date of this Act is covered by the
 19-9    law in effect when the offense was committed, and the former law is
19-10    continued in effect for that purpose.  For purposes of this
19-11    subsection, an offense was committed before the effective date of
19-12    this Act if any element of the offense occurred before that date.
19-13          SECTION 13.  The importance of this legislation and the
19-14    crowded condition of the calendars in both houses create an
19-15    emergency and an imperative public necessity that the
19-16    constitutional rule requiring bills to be read on three several
19-17    days in each house be suspended, and this rule is hereby suspended.