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