By Dunnam H.B. No. 3492 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. 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 2-1 after the vendor receives notice that installation is ordered by a 2-2 court; 2-3 (4) install and inspect the device in accordance with 2-4 any applicable court order; 2-5 (5) repair or replace a device not later than 48 hours 2-6 after receiving notice of a complaint regarding the operation of 2-7 the device; 2-8 (6) submit a written report of any violation of a 2-9 court order to that court and to the person's supervising officer, 2-10 if any, not later than 48 hours after the vendor discovers the 2-11 violation; 2-12 (7) maintain a record of each action taken by the 2-13 vendor with respect to each device installed by the vendor, 2-14 including each action taken as a result of an attempt to circumvent 2-15 the device, until at least the fifth anniversary after the date of 2-16 installation; 2-17 (8) make a copy of the record available for inspection 2-18 by or send a copy of the record to any court, supervising officer, 2-19 or the department on request; and 2-20 (9) annually provide to the department a written 2-21 report of each service and ignition interlock device feature made 2-22 available by the vendor. 2-23 (c) The department may revoke the department's authorization 2-24 for a vendor to do business in this state if the vendor or an 2-25 officer or employee of the vendor violates: 3-1 (1) any law of this state that applies to the vendor; 3-2 or 3-3 (2) any rule adopted by the department under this 3-4 section or another law that applies to the vendor. 3-5 (d) A vendor shall reimburse the department for the 3-6 reasonable cost of conducting each inspection of the vendor's 3-7 facilities under this section. 3-8 (e) In this section, "offense relating to the operation of a 3-9 motor vehicle while intoxicated" has the meaning assigned by 3-10 Section 49.09, Penal Code. 3-11 SECTION 2. This Act takes effect September 1, 1999. 3-12 SECTION 3. The importance of this legislation and the 3-13 crowded condition of the calendars in both houses create an 3-14 emergency and an imperative public necessity that the 3-15 constitutional rule requiring bills to be read on three several 3-16 days in each house be suspended, and this rule is hereby suspended.