R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 77th Legislature, Regular Session, 2001, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on House Bill No. 2932, relating to a
1-6 discount on the premium surcharge for a motor vehicle equipped with
1-7 a breath alcohol detection device, to consider and take action on
1-8 the following matter:
1-9 House Rule 13, Section 9(a)(4), is suspended to permit the
1-10 committee to add new sections to the bill amending Section 13(i),
1-11 Article 42.12, Code of Criminal Procedure, and providing an
1-12 appropriate transition to read as follows:
1-13 SECTION 1. Section 13(i), Article 42.12, Code of Criminal
1-14 Procedure, is amended to read as follows:
1-15 (i) If a person convicted of an offense under Sections
1-16 49.04-49.08, Penal Code, is placed on community supervision, the
1-17 court may require as a condition of community supervision that the
1-18 defendant have a device installed, on the motor vehicle owned by
1-19 the defendant or on the vehicle most regularly driven by the
1-20 defendant, that uses a deep-lung breath analysis mechanism to make
1-21 impractical the operation of the motor vehicle if ethyl alcohol is
1-22 detected in the breath of the operator and that the defendant not
1-23 operate any motor vehicle that is not equipped with that device.
1-24 If the person is convicted of an offense under Sections
2-1 49.04-49.06, Penal Code, and punished under Section 49.09(a) or
2-2 (b), Penal Code, or of a second or subsequent offense under Section
2-3 49.07 or 49.08, Penal Code, and the person after conviction of
2-4 either offense is placed on community supervision, the court shall
2-5 require as a condition of community supervision that the defendant
2-6 have the device installed on the appropriate vehicle and that the
2-7 defendant not operate any motor vehicle unless the vehicle is
2-8 equipped with that device. Before placing on community supervision
2-9 a person convicted of an offense under Sections 49.04-49.08, Penal
2-10 Code, the court shall determine from criminal history record
2-11 information maintained by the Department of Public Safety whether
2-12 the person has one or more previous convictions under Sections
2-13 49.04-49.08, Penal Code, or has one previous conviction under
2-14 Sections 49.04-49.07, Penal Code, or one previous conviction under
2-15 Section 49.08, Penal Code. If the court determines that the person
2-16 has one or more such previous convictions, the court shall require
2-17 as a condition of community supervision that the defendant have
2-18 that device installed on the motor vehicle owned by the defendant
2-19 or on the vehicle most regularly driven by the defendant and that
2-20 the defendant not operate any motor vehicle unless the vehicle is
2-21 equipped with the device described in this subsection. The court
2-22 shall require the defendant to obtain the device at the defendant's
2-23 own cost before the 30th day after the date of conviction unless
2-24 the court finds that to do so would not be in the best interest of
2-25 justice and enters its findings on record. The court shall require
2-26 the defendant to provide evidence to the court within the 30-day
2-27 period that the device has been installed on the appropriate
3-1 vehicle and order the device to remain installed on that vehicle
3-2 until the expiration [for a period not less than 50 percent] of the
3-3 supervision period or until a separate written order issued by the
3-4 court authorizes removal. If the court determines the offender is
3-5 unable to pay for the device, the court may impose a reasonable
3-6 payment schedule not to exceed twice the period of the court's
3-7 order. The Department of Public Safety shall approve devices for
3-8 use under this subsection. Section 521.247, Transportation Code,
3-9 applies to the approval of a device under this subsection and the
3-10 consequences of that approval. A person may not remove a device
3-11 installed in a defendant's vehicle under this subsection unless the
3-12 person holds a written order authorizing the removal issued by the
3-13 court that ordered the device to be installed. Notwithstanding the
3-14 provisions of this section, if a person is required to operate a
3-15 motor vehicle in the course and scope of the person's employment
3-16 and if the vehicle is owned by the employer, the person may operate
3-17 that vehicle without installation of an approved ignition interlock
3-18 device if the employer has been notified of that driving privilege
3-19 restriction and if proof of that notification is with the vehicle.
3-20 This employment exemption does not apply, however, if the business
3-21 entity that owns the vehicle is owned or controlled by the person
3-22 whose driving privilege has been restricted. A previous conviction
3-23 may not be used for purposes of restricting a person to the
3-24 operation of a motor vehicle equipped with an interlock ignition
3-25 device under this subsection if:
3-26 (1) the previous conviction was a final conviction
3-27 under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code, and
4-1 was for an offense committed more than 10 years before the instant
4-2 offense for which the person was convicted and placed on community
4-3 supervision; and
4-4 (2) the person has not been convicted of an offense
4-5 under Section 49.04, 49.05, 49.06, 49.07, or 49.08 of that code,
4-6 committed within 10 years before the date on which the instant
4-7 offense for which the person was convicted and placed on community
4-8 supervision.
4-9 SECTION 3. (a) The change in law made by this Act to Section
4-10 13(i), Article 42.12, Code of Criminal Procedure, applies only to
4-11 an offense committed on or after September 1, 2001.
4-12 (b) An offense committed before September 1, 2001, is
4-13 covered by the law in effect when the offense was committed, and
4-14 the former law is continued in effect for that purpose. For
4-15 purposes of this section, an offense was committed before September
4-16 1, 2001, if any element of the offense was committed before that
4-17 date.
4-18 Explanation: This change provides that when a court orders an
4-19 interlock ignition device to be installed on a vehicle, the device
4-20 may not be removed unless the removal is authorized by a court
4-21 order.
Lewis of Tarrant
_______________________________
Speaker of the House
I certify that H.R. No. 1344 was adopted by the House on May
27, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House