By Dunnam                                             H.B. No. 3492
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring the Texas Department of Public Safety to
 1-3     establish minimum standards for vendors of ignition interlock
 1-4     devices.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter L, Chapter 521, Transportation Code,
 1-7     is amended by adding Section 521.2476 to read  as follows:
 1-8           Sec. 521.2476.  MINIMUM STANDARDS FOR VENDORS OF IGNITION
 1-9     INTERLOCK DEVICES.  (a)  The department by rule shall establish:
1-10                 (1)  minimum standards for vendors of ignition
1-11     interlock devices who conduct business in this state; and
1-12                 (2)  procedures to ensure compliance with those
1-13     standards, including procedures for the inspection of a vendor's
1-14     facilities.
1-15           (b)  The minimum standards shall require each vendor to:
1-16                 (1)  be authorized by the department to do business in
1-17     this state;
1-18                 (2)  install a device only if the device is approved
1-19     under Section 521.247;
1-20                 (3)  install the device and  activate any
1-21     anticircumvention feature of the device within a reasonable time
1-22     after the vendor receives notice that installation is ordered by a
1-23     court;
1-24                 (4)  install and inspect the device in accordance with
 2-1     any applicable court order;
 2-2                 (5)  repair or replace a device not later than 48 hours
 2-3     after receiving notice of a complaint regarding the operation of
 2-4     the device;
 2-5                 (6)  submit a written report of any violation of a
 2-6     court order to that court and to the person's supervising officer,
 2-7     if any, not later than 48 hours after the vendor discovers the
 2-8     violation;
 2-9                 (7)  maintain a record of each action taken by the
2-10     vendor with respect to each device installed by the vendor,
2-11     including each action taken as a result of an attempt to circumvent
2-12     the device, until at least the fifth anniversary after the date of
2-13     installation;
2-14                 (8)  make a copy of the record available for inspection
2-15     by or send a copy of the record to any court, supervising officer,
2-16     or the department on request; and
2-17                 (9)  annually provide to the department a written
2-18     report of each service and ignition interlock device feature made
2-19     available by the vendor.
2-20           (c)  The department may revoke the department's authorization
2-21     for a vendor to do business in this state if the vendor or an
2-22     officer or employee of the vendor violates:
2-23                 (1)  any law of this state that applies to the vendor;
2-24     or
2-25                 (2)  any rule adopted by the department under this
2-26     section or another law that applies to the vendor.
2-27           (d)  A vendor shall reimburse the department for the
 3-1     reasonable cost of conducting each inspection of the vendor's
 3-2     facilities under this section.
 3-3           (e)  In this section, "offense relating to the operation of a
 3-4     motor vehicle while intoxicated" has the meaning assigned by
 3-5     Section 49.09, Penal Code.
 3-6           SECTION 2.  This Act takes effect September 1, 1999.
 3-7           SECTION 3.  The importance of this legislation and the
 3-8     crowded condition of the calendars in both houses create an
 3-9     emergency and an imperative public necessity that the
3-10     constitutional rule requiring bills to be read on three several
3-11     days in each house be suspended, and this rule is hereby suspended.