By Smith                                               H.B. No. 161
         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 certain offenses committed by a person with an alcohol
 1-3     concentration of 0.15 or more and to the conditions of community
 1-4     supervision imposed on conviction of certain intoxication offenses.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 49.09, Penal Code, is amended by adding
 1-7     Subsection (g) to read as follows:
 1-8           (g)  If it is shown on the trial of an offense under Section
 1-9     49.04, 49.05, or 49.06 that an analysis of a specimen of the
1-10     person's blood, breath, urine, or other bodily substance showed an
1-11     alcohol concentration of 0.15 or more, the offense is a Class A
1-12     misdemeanor.
1-13           SECTION 2.  Sections 13(a), (b), and (i), Article 42.12, Code
1-14     of Criminal Procedure, are amended to read as follows:
1-15           (a)  A judge granting community supervision to a defendant
1-16     convicted of an offense under Chapter 49, Penal Code, shall require
1-17     as a condition of community supervision that the defendant submit
1-18     to:
1-19                 (1)  not less than three days of confinement in county
1-20     jail if the defendant was punished under Section 49.09(a);
1-21                 (2)  not less than five days of confinement in county
1-22     jail plus the completion of a course of conduct for the
 2-1     rehabilitation of the defendant's drug or alcohol dependence
 2-2     condition, if the defendant was punished under Section 49.09(g);
 2-3                 (3)  not less than 10 days of confinement in county
 2-4     jail if the defendant was punished under Section 49.09(b), except
 2-5     as provided by Subdivision (4) [or (c)]; [or]
 2-6                 (4)  not less than 30 days of confinement in county
 2-7     jail if the defendant was:
 2-8                       (A)  convicted under Section 49.07; or
 2-9                       (B)  punished under Section 49.09(g), if it is
2-10     shown on the trial of the offense that the defendant has previously
2-11     been convicted of an offense for which the defendant was punished
2-12     under Section 49.09(g); or
2-13                 (5)  not less than 120 days of confinement in county
2-14     jail if the defendant was convicted under Section 49.08 [and]
2-15                 [(2)  an evaluation by a supervision officer or by a
2-16     person, program, or facility approved by the Texas Commission on
2-17     Alcohol and Drug Abuse for the purpose of having the facility
2-18     prescribe and carry out a course of conduct necessary for the
2-19     rehabilitation of the defendant's drug or alcohol dependence
2-20     condition].
2-21           (b)  A judge granting community supervision to a defendant
2-22     convicted of an offense under Sections 49.04-49.08 [Section 49.08],
2-23     Penal Code, shall require as a condition of community supervision
2-24     that the defendant submit to an evaluation by a supervision officer
2-25     or by a person, program, or facility approved by the Texas
2-26     Commission on Alcohol and Drug Abuse for the purpose of having the
 3-1     facility prescribe and supervise a course of conduct necessary for
 3-2     the rehabilitation of the defendant's drug or alcohol dependence
 3-3     condition [a period of confinement of not less than 120 days].
 3-4           (i)  If a person convicted of an offense under Sections
 3-5     49.04-49.08, Penal Code, is placed on community supervision, the
 3-6     court may require as a condition of community supervision that the
 3-7     defendant have a device installed, on the motor vehicle owned by
 3-8     the defendant or on the vehicle most regularly driven by the
 3-9     defendant, that uses a deep-lung breath analysis mechanism to make
3-10     impractical the operation of the motor vehicle if ethyl alcohol is
3-11     detected in the breath of the operator and that the defendant not
3-12     operate any motor vehicle that is not equipped with that device.
3-13     If the person is convicted of an offense under Sections
3-14     49.04-49.06, Penal Code, and punished under Section 49.09(a), [or]
3-15     (b), or (g), Penal Code, or of a second or subsequent offense under
3-16     Section 49.07 or 49.08, Penal Code, and the person after conviction
3-17     of either offense is placed on community supervision, the court
3-18     shall require as a condition of community supervision that the
3-19     defendant have the device installed on the appropriate vehicle and
3-20     that the defendant not operate any motor vehicle unless the vehicle
3-21     is equipped with that device.  Before placing on community
3-22     supervision a person convicted of an offense under Sections
3-23     49.04-49.08, Penal Code, the court shall determine from criminal
3-24     history record information maintained by the Department of Public
3-25     Safety whether the person has one or more previous convictions
3-26     under Sections 49.04-49.08, Penal Code, or has one previous
 4-1     conviction under Sections 49.04-49.07, Penal Code, or one previous
 4-2     conviction under Section 49.08, Penal Code.  If the court
 4-3     determines that the person has one or more such previous
 4-4     convictions, the court shall require as a condition of community
 4-5     supervision that the defendant have that device installed on the
 4-6     motor vehicle owned by the defendant or on the vehicle most
 4-7     regularly driven by the defendant and that the defendant not
 4-8     operate any motor vehicle unless the vehicle is equipped with the
 4-9     device described in this subsection.  The court shall require the
4-10     defendant to obtain the device at the defendant's own cost before
4-11     the 30th day after the date of conviction unless the court finds
4-12     that to do so would not be in the best interest of justice and
4-13     enters its findings on record.  The court shall require the
4-14     defendant to provide evidence to the court within the 30-day period
4-15     that the device has been installed on the appropriate vehicle and
4-16     order the device to remain installed on that vehicle for a period
4-17     not less than 50 percent of the supervision period.  If the court
4-18     determines the offender is unable to pay for the device, the court
4-19     may impose a reasonable payment schedule not to exceed twice the
4-20     period of the court's order.  The Department of Public Safety shall
4-21     approve devices for use under this subsection.  Section 521.247,
4-22     Transportation Code, applies [The provisions of Section 23A(f),
4-23     Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
4-24     (Article 6687b, Vernon's Texas Civil Statutes), apply] to the
4-25     approval of a device under this subsection and the consequences of
4-26     that approval.  Notwithstanding the provisions of this section, if
 5-1     a person is required to operate a motor vehicle in the course and
 5-2     scope of the person's employment and if the vehicle is owned by the
 5-3     employer, the person may operate that vehicle without installation
 5-4     of an approved ignition interlock device if the employer has been
 5-5     notified of that driving privilege restriction and if proof of that
 5-6     notification is with the vehicle.  This employment exemption does
 5-7     not apply, however, if the business entity that owns the vehicle is
 5-8     owned or controlled by the person whose driving privilege has been
 5-9     restricted.
5-10           SECTION 3.  The change in law made by this Act applies only
5-11     to an offense committed on or after the effective date of this Act.
5-12     An offense committed before the effective date of this Act is
5-13     covered by the law in effect when the offense was committed, and
5-14     the former law is continued in effect for that purpose.  For
5-15     purposes of this section, an offense was committed before the
5-16     effective date of this Act if any element of the offense occurred
5-17     before that date.
5-18           SECTION 4.  This Act takes effect September 1, 1999.
5-19           SECTION 5.  The importance of this legislation and the
5-20     crowded condition of the calendars in both houses create an
5-21     emergency and an imperative public necessity that the
5-22     constitutional rule requiring bills to be read on three several
5-23     days in each house be suspended, and this rule is hereby suspended.