1-1     By:  Dunnam (Senate Sponsor - Armbrister)             H.B. No. 3492
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on Criminal
 1-4     Justice; May 14, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; May 14, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 3492              By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the requirement that the motor vehicle of a person
1-11     convicted of certain offenses involving the operation of a motor
1-12     vehicle while intoxicated be equipped with an ignition interlock
1-13     device and that the Department of Public Safety establish minimum
1-14     standards for vendors of ignition interlock devices.
1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16           SECTION 1.  Section 521.246, Transportation Code, is amended
1-17     by adding Subsection (f) to read as follows:
1-18           (f)  A previous conviction may not be used for purposes of
1-19     restricting a person to the operation of a motor vehicle equipped
1-20     with an interlock ignition device under this section if:
1-21                 (1)  the previous conviction was a final conviction
1-22     under Section 49.04, 49.07, or 49.08, Penal Code, and was for an
1-23     offense committed more than 10 years before the instant offense for
1-24     which the person was convicted; and
1-25                 (2)  the person has not been convicted of an offense
1-26     under Section 49.04, 49.07, or 49.08 of that code committed within
1-27     10 years before the date on which the instant offense for which the
1-28     person was convicted.
1-29           SECTION 2.  Subchapter L, Chapter 521, Transportation Code,
1-30     is amended by adding Section 521.2476 to read  as follows:
1-31           Sec. 521.2476.  MINIMUM STANDARDS FOR VENDORS OF IGNITION
1-32     INTERLOCK DEVICES.  (a)  The department by rule shall establish:
1-33                 (1)  minimum standards for vendors of ignition
1-34     interlock devices who conduct business in this state; and
1-35                 (2)  procedures to ensure compliance with those
1-36     standards, including procedures for the inspection of a vendor's
1-37     facilities.
1-38           (b)  The minimum standards shall require each vendor to:
1-39                 (1)  be authorized by the department to do business in
1-40     this state;
1-41                 (2)  install a device only if the device is approved
1-42     under Section 521.247;
1-43                 (3)  obtain liability insurance providing coverage for
1-44     damages arising out of the operation or use of devices in amounts
1-45     and under the terms specified by the department;
1-46                 (4)  install the device and  activate any
1-47     anticircumvention feature of the device within a reasonable time
1-48     after the vendor receives notice that installation is ordered by a
1-49     court;
1-50                 (5)  install and inspect the device in accordance with
1-51     any applicable court order;
1-52                 (6)  repair or replace a device not later than 48 hours
1-53     after receiving notice of a complaint regarding the operation of
1-54     the device;
1-55                 (7)  submit a written report of any violation of a
1-56     court order to that court and to the person's supervising officer,
1-57     if any, not later than 48 hours after the vendor discovers the
1-58     violation;
1-59                 (8)  maintain a record of each action taken by the
1-60     vendor with respect to each device installed by the vendor,
1-61     including each action taken as a result of an attempt to circumvent
1-62     the device, until at least the fifth anniversary after the date of
1-63     installation;
1-64                 (9)  make a copy of the record available for inspection
 2-1     by or send a copy of the record to any court, supervising officer,
 2-2     or the department on request; and
 2-3                 (10)  annually provide to the department a written
 2-4     report of each service and ignition interlock device feature made
 2-5     available by the vendor.
 2-6           (c)  The department may revoke the department's authorization
 2-7     for a vendor to do business in this state if the vendor or an
 2-8     officer or employee of the vendor violates:
 2-9                 (1)  any law of this state that applies to the vendor;
2-10     or
2-11                 (2)  any rule adopted by the department under this
2-12     section or another law that applies to the vendor.
2-13           (d)  A vendor shall reimburse the department for the
2-14     reasonable cost of conducting each inspection of the vendor's
2-15     facilities under this section.
2-16           (e)  In this section, "offense relating to the operating of a
2-17     motor vehicle while intoxicated" has the meaning assigned by
2-18     Section 49.09, Penal Code.
2-19           SECTION 3.  Section 13(i), Article 42.12, Code of Criminal
2-20     Procedure, is amended to read as follows:
2-21           (i)  If a person convicted of an offense under Sections
2-22     49.04-49.08, Penal Code, is placed on community supervision, the
2-23     court may require as a condition of community supervision that the
2-24     defendant have a device installed, on the motor vehicle owned by
2-25     the defendant or on the vehicle most regularly driven by the
2-26     defendant, that uses a deep-lung breath analysis mechanism to make
2-27     impractical the operation of the motor vehicle if ethyl alcohol is
2-28     detected in the breath of the operator and that the defendant not
2-29     operate any motor vehicle that is not equipped with that device.
2-30     If the person is convicted of an offense under Sections
2-31     49.04-49.06, Penal Code, and punished under Section 49.09(a) or
2-32     (b), Penal Code, or of a second or subsequent offense under Section
2-33     49.07 or 49.08, Penal Code, and the person after conviction of
2-34     either offense is placed on community supervision, the court shall
2-35     require as a condition of community supervision that the defendant
2-36     have the device installed on the appropriate vehicle and that the
2-37     defendant not operate any motor vehicle unless the vehicle is
2-38     equipped with that device.  Before placing on community supervision
2-39     a person convicted of an offense under Sections 49.04-49.08, Penal
2-40     Code, the court shall determine from criminal history record
2-41     information maintained by the Department of Public Safety whether
2-42     the person has one or more previous convictions under Sections
2-43     49.04-49.08, Penal Code, or has one previous conviction under
2-44     Sections 49.04-49.07, Penal Code, or one previous conviction under
2-45     Section 49.08, Penal Code.  If the court determines that the person
2-46     has one or more such previous convictions, the court shall require
2-47     as a condition of community supervision that the defendant have
2-48     that device installed on the motor vehicle owned by the defendant
2-49     or on the vehicle most regularly driven by the defendant and that
2-50     the defendant not operate any motor vehicle unless the vehicle is
2-51     equipped with the device described in this subsection.  The court
2-52     shall require the defendant to obtain the device at the defendant's
2-53     own cost before the 30th day after the date of conviction unless
2-54     the court finds that to do so would not be in the best interest of
2-55     justice and enters its findings on record.  The court shall require
2-56     the defendant to provide evidence to the court within the 30-day
2-57     period that the device has been installed on the appropriate
2-58     vehicle and order the device to remain installed on that vehicle
2-59     for a period not less than 50 percent of the supervision period.
2-60     If the court determines the offender is unable to pay for the
2-61     device, the court may impose a reasonable payment schedule not to
2-62     exceed twice the period of the court's order.  The Department of
2-63     Public Safety shall approve devices for use under this subsection.
2-64     The provisions of Section 23A(f), Chapter 173, Acts of the 47th
2-65     Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-66     Civil Statutes), apply to the approval of a device under this
2-67     subsection and the consequences of that approval.  Notwithstanding
2-68     the provisions of this section, if a person is required to operate
2-69     a motor vehicle in the course and scope of the person's employment
 3-1     and if the vehicle is owned by the employer, the person may operate
 3-2     that vehicle without installation of an approved ignition interlock
 3-3     device if the employer has been notified of that driving privilege
 3-4     restriction and if proof of that notification is with the vehicle.
 3-5     This employment exemption does not apply, however, if the business
 3-6     entity that owns the vehicle is owned or controlled by the person
 3-7     whose driving privilege has been restricted.  A previous conviction
 3-8     may not be used for purposes of restricting a person to the
 3-9     operation of a  motor vehicle equipped with an interlock ignition
3-10     device under this subsection if:
3-11                 (1)  the previous conviction was a final conviction
3-12     under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code, and
3-13     was for an offense committed more than 10 years before the instant
3-14     offense for which the person was convicted and placed on community
3-15     supervision; and
3-16                 (2)  the person has not been convicted of an offense
3-17     under Section 49.04, 49.05, 49.06, 49.07, or 49.08 of that code,
3-18     committed within 10 years before the date on which the instant
3-19     offense for which the person was convicted and placed on community
3-20     supervision.
3-21           SECTION 4.  This Act takes effect September 1, 1999.  The
3-22     changes in law to Section 521.246, Transportation Code, and Section
3-23     13(i), Article 42.12, Code of Criminal Procedure, apply only to a
3-24     person convicted of an offense specified by those laws committed on
3-25     or after September 1, 1999.  A person convicted of an offense
3-26     specified by those laws committed before September 1, 1999, is
3-27     covered by the law in effect on the date the offense was committed,
3-28     and the former laws are continued in effect for those purposes.
3-29           SECTION 5.  The importance of this legislation and the
3-30     crowded condition of the calendars in both houses create an
3-31     emergency and an imperative public necessity that the
3-32     constitutional rule requiring bills to be read on three several
3-33     days in each house be suspended, and this rule is hereby suspended.
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