By Hinojosa                                           H.B. No. 3249
         77R6081 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement that certain persons released on parole
 1-3     or mandatory supervision use a deep-lung breath analysis mechanism
 1-4     on any motor vehicle operated by the person.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter F, Chapter 508, Government Code, is
 1-7     amended by adding Section 508.192 to read as follows:
 1-8           Sec. 508.192.  DEEP-LUNG BREATH ANALYSIS. (a)  This section
 1-9     applies only to a releasee serving a sentence for an offense under
1-10     Chapter 49, Penal Code.
1-11           (b)  A parole panel shall require as a condition of parole or
1-12     mandatory supervision that a releasee, until the first anniversary
1-13     of the releasee's release:
1-14                 (1)  have a device installed, on the motor vehicle
1-15     owned by the releasee or on the vehicle most regularly driven by
1-16     the releasee, that uses a deep-lung breath analysis mechanism to
1-17     make impractical the operation of the motor vehicle if ethyl
1-18     alcohol is detected in the breath of the operator; and
1-19                 (2)  not operate any motor vehicle that is not equipped
1-20     with the device.
1-21           (c)  The parole panel shall require the releasee to
1-22     periodically provide evidence to the panel that the device has been
1-23     installed on the appropriate motor vehicle and on any vehicle
1-24     regularly driven by the releasee.
 2-1           (d)  If the parole panel determines the releasee is unable to
 2-2     pay for the device, the panel may impose on the releasee a
 2-3     reasonable payment schedule.
 2-4           (e)  The Department of Public Safety shall approve devices
 2-5     for use under this section.
 2-6           (f)  Notwithstanding the other provisions of this section, if
 2-7     a releasee is required to operate a motor vehicle in the course and
 2-8     scope of the releasee's employment and if the vehicle is owned by
 2-9     the employer, the releasee may operate the vehicle without
2-10     installation of a device described by Subsection (b) if the
2-11     employer has been notified of that driving privilege restriction
2-12     and if proof of that notification is with the vehicle.  This
2-13     employment exemption does not apply if the business entity that
2-14     owns the vehicle is owned or controlled by the releasee.
2-15           (g)  On modification of parole or mandatory supervision of a
2-16     releasee described by Subsection (a), the board may extend for one
2-17     year the period during which the releasee is required to install
2-18     the device on certain motor vehicles and not operate a vehicle that
2-19     is equipped with the device.
2-20           SECTION 2. This Act takes effect September 1, 2001.
2-21                          COMMITTEE AMENDMENT NO. 1
2-22           1:  (c)  is amended to read:
2-23     "(c)  the parole panel shall require the releasee to provide
2-24     evidence to the supervising parole officer that the device has been
2-25     installed on the appropriate motor vehicle(s) and on any vehicle
2-26     regularly driven by the releasee.  A report of the driving activity
2-27     must be submitted to the supervising parole officer every 60 days."
 3-1           2:  (h)  is added:
 3-2     "(h)  Any device installed under the provisions of this section may
 3-3     not be removed except on the written authorization of the
 3-4     supervising parole officer on the completion of the term of
 3-5     installation, as required or modified by the parole panel."
 3-6                                                                Hinojosa