SRC-BWC H.B. 1075 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1075
77R4610 JAT-DBy: Haggerty (Staples)
Criminal Justice
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the Government Code requires each community supervision and
corrections department (CSCD) to submit periodic data on the use of
ignition interlock devices to the community justice assistance division
(CJAD) of the Texas Department of Criminal Justice, and requires CSCDs to
submit specific data on each person restricted to the operation of a motor
vehicle by an ignition interlock device to the Department of Public Safety
(DPS).  The Transportation Code designates DPS as the agency responsible
for adopting rules for the approval of ignition interlock devices as well
as establishing standards for vendors of the devices doing business in
Texas and procedures to ensure compliance with these standards.  CJAD has
no legislative charge and has no reason to receive information on ignition
interlock devices from CSCDs.  H.B. 1075 eliminates the requirement that
CSCDs report to CJAD on the use and reliability of ignition interlock
devices.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 509.004(a), Government Code, to delete text that
requires the community justice assistance division to require each
community supervision and corrections department to submit periodic data to
the division on the required use of deep lung breath analysis mechanisms to
make impractical the operation of a motor vehicle if ethyl alcohol is
detected in the breath of the operator, including the number of devices in
use, the number of violations detected, malfunctions by the devices, and
attempts to circumvent the devices. 

SECTION 2.  Effective date: upon passage or September 1, 2001.