By Dunnam H.B. No. 3495
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement that the motor vehicle of a person
1-3 convicted of certain offense involving the operation of a motor
1-4 vehicle while intoxicated be equipped with an ignition interlock
1-5 device.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 521.246, Transportation Code, is amended
1-8 by adding Subsection (f) to read as follows:
1-9 (f) A previous conviction may not be used for purposes of
1-10 restricting a person to the operation of a motor vehicle equipped
1-11 with an interlock ignition device under this section if:
1-12 (1) the previous conviction was a final conviction
1-13 under Section 49.04, 49.07, or 49.08, Penal Code, and was for an
1-14 offense committed more than 10 years before the instant offense for
1-15 which the person was convicted; and
1-16 (2) the person has not been convicted of an offense
1-17 under Section 49.04, 49.07, or 49.08 of that code committed within
1-18 10 years before the date on which the instant offense for which the
1-19 person was convicted.
1-20 SECTION 2. Section 13(i), Article 42.12, Code of Criminal
1-21 Procedure, is amended to read as follows:
1-22 (i) If a person convicted of an offense under Sections
1-23 49.04-49.08, Penal Code, is placed on community supervision, the
1-24 court may require as a condition of community supervision that the
2-1 defendant have a device installed, on the motor vehicle owned by
2-2 the defendant or on the vehicle most regularly driven by the
2-3 defendant, that uses a deep-lung breath analysis mechanism to make
2-4 impractical the operation of the motor vehicle if ethyl alcohol is
2-5 detected in the breath of the operator and that the defendant not
2-6 operate any motor vehicle that is not equipped with that device.
2-7 If the person is convicted of an offense under Sections 49.04-
2-8 49.06, Penal Code, and punished under Section 49.09(a) or (b),
2-9 Penal Code, or of a second or subsequent offense under Section
2-10 49.07 or 49.08, Penal Code, and the person after conviction of
2-11 either offense is placed on community supervision, the court shall
2-12 require as a condition of community supervision that the defendant
2-13 have the device installed on the appropriate vehicle and that the
2-14 defendant not operate any motor vehicle unless the vehicle is
2-15 equipped with that device. Before placing on community supervision
2-16 a person convicted of an offense under Sections 49.04-49.08, Penal
2-17 Code, the court shall determine from criminal history record
2-18 information maintained by the Department of Public Safety whether
2-19 the person has one or more previous convictions under Sections
2-20 49.04-49.08, Penal Code, or has one previous conviction under
2-21 Sections 49.04-49.07, Penal Code, or one previous conviction under
2-22 Section 49.08, Penal Code. If the court determines that the person
2-23 has one or more such previous convictions, the court shall require
2-24 as a condition of community supervision that the defendant have
2-25 that device installed on the motor vehicle owned by the defendant
2-26 or on the vehicle most regularly driven by the defendant and that
2-27 the defendant not operate any motor vehicle unless the vehicle is
3-1 equipped with the device described in this subsection. The court
3-2 shall require the defendant to obtain the device at the defendant's
3-3 own cost before the 30th day after the date of conviction unless
3-4 the court finds that to do so would not be in the best interest of
3-5 justice and enters its findings on record. The court shall require
3-6 the defendant to provide evidence to the court within the 30-day
3-7 period that the device has been installed on the appropriate
3-8 vehicle and order the device to remain installed on that vehicle
3-9 for a period not less than 50 percent of the supervision period.
3-10 If the court determines the offender is unable to pay for the
3-11 device, the court may impose a reasonable payment schedule not to
3-12 exceed twice the period of the court's order. The Department of
3-13 Public Safety shall approve devices for use under this subsection.
3-14 The provisions of Section 23A(f), Chapter 173, Acts of the 47th
3-15 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
3-16 Civil Statutes), apply to the approval of a device under this
3-17 subsection and the consequences of that approval. Notwithstanding
3-18 the provisions of this section, if a person is required to operate
3-19 a motor vehicle in the course and scope of the person's employment
3-20 and if the vehicle is owned by the employer, the person may operate
3-21 that vehicle without installation of an approved ignition interlock
3-22 device if the employer has been notified of that driving privilege
3-23 restriction and if proof of that notification is with the vehicle.
3-24 This employment exemption does not apply, however, if the business
3-25 entity that owns the vehicle is owned or controlled by the person
3-26 whose driving privilege has been restricted. A previous conviction
3-27 may not be used for purposes of restricting a person to the
4-1 operation of a motor vehicle equipped with an interlock ignition
4-2 device under this subsection if:
4-3 (1) the previous conviction was a final conviction
4-4 under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code, and
4-5 was for an offense committed more than 10 years before the instant
4-6 offense for which the person was convicted and placed on community
4-7 supervision; and
4-8 (2) the person has not been convicted of an offense
4-9 under Section 49.04, 49.05, 49.06, 49.07, or 49.08 of that code,
4-10 committed within 10 years before the date on which the instant
4-11 offense for which the person was convicted and placed on community
4-12 supervision.
4-13 SECTION 3. This Act takes effect September 1, 1999. The
4-14 changes in law to Section 521.246, Transportation Code, and Section
4-15 13(i), Article 42.12, Code of Criminal Procedure, apply only to a
4-16 person convicted of an offense specified by those laws committed on
4-17 or after September 1, 1999. A person convicted of an offense
4-18 specified by those laws committed before September 1, 1999, is
4-19 covered by the law in effect on the date the offense was committed,
4-20 and the former laws are continued in effect for those purposes.
4-21 SECTION 4. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.