Amend CSHB 4061 (House Committee Report) as follows:                         

(1)  Add the following appropriately numbered SECTIONS to 	the bill:          
	SECTION ____.  Section 5(d), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(d)  In all other cases the judge may grant deferred 
adjudication unless:    
		(1)  the defendant is charged with an offense:                                
			(A)  under Section 49.07 or 49.08 [Sections 
49.04-49.08], Penal Code; [or]
			(B)  under Section 49.04, 49.045, 49.05, 49.06, or 
49.065, Penal Code, and, at the time of the offense, the defendant:
				(i)  held a commercial driver's license or a 
commercial driver learner's permit; or
				(ii)  was driving a commercial vehicle;                              
			(C)  for which punishment may be increased under 
Section 49.09, Penal Code; or
			(D)  for which punishment may be increased under 
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it 
is shown that the defendant has been previously convicted of an 
offense for which punishment was increased under any one of those 
subsections;
		(2)  the defendant:                                                           
			(A)  is charged with an offense under Section 
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the 
victim, or a felony described by Section 13B(b) of this article; and
			(B)  has previously been placed on community 
supervision for any offense under Paragraph (A) of this 
subdivision; or
		(3)  the defendant is charged with an offense under:                          
			(A)  Section 21.02, Penal Code; or                                           
			(B)  Section 22.021, Penal Code, that is 
punishable under Subsection (f) of that section or under Section 
12.42(c)(3), Penal Code.
	SECTION ____.  Section 13, Article 42.12, Code of Criminal 
Procedure, is amended by adding Subsection (o) to read as follows:
	(o)  A judge granting deferred adjudication to a defendant 
for an offense under Section 49.04, 49.045, 49.05, 49.06, or 
49.065, Penal Code, shall require the defendant to have an ignition 
interlock device installed under Subsection (i), regardless of 
whether the defendant would be required to have the device 
installed if the defendant was convicted.
	SECTION ____.  Section 411.081(e), Government Code, is 
amended to read as follows:
	(e)  A person is entitled to petition the court under 
Subsection (d) only if during the period of the deferred 
adjudication community supervision for which the order of 
nondisclosure is requested and during the applicable period 
described by Subsection (d)(1), (2), or (3), as appropriate, the 
person is not convicted of or placed on deferred adjudication 
community supervision under Section 5, Article 42.12, Code of 
Criminal Procedure, for any offense other than an offense under the 
Transportation Code punishable by fine only.  A person is not 
entitled to petition the court under Subsection (d) if the person 
was placed on the deferred adjudication community supervision for 
or has been previously convicted or placed on any other deferred 
adjudication for:
		(1)  an offense requiring registration as a sex 
offender under Chapter 62, Code of Criminal Procedure;
		(2)  an offense under Section 20.04, Penal Code, 
regardless of whether the offense is a reportable conviction or 
adjudication for purposes of Chapter 62, Code of Criminal 
Procedure;
		(3)  an offense under Section 19.02, 19.03, 22.04, 
22.041, 25.07, or 42.072, Penal Code; [or]
		(4)  any other offense involving family violence, as 
defined by Section 71.004, Family Code; or
		(5)  an offense under Section 49.04, 49.045, 49.05, 
49.06, or 49.065, Penal Code.
	SECTION ____.  Sections 49.09(a), (b), and (g), Penal Code, 
are amended to read as follows:
	(a)  Except as provided by Subsection (b), an offense under 
Section 49.04, 49.045, 49.05, 49.06, or 49.065 is a Class A 
misdemeanor, with a minimum term of confinement of 30 days, if it is 
shown on the trial of the offense that the person has previously 
been convicted one time of an offense relating to the operating of a 
motor vehicle while intoxicated, an offense of operating an 
aircraft while intoxicated, an offense of operating a watercraft 
while intoxicated, or an offense of operating or assembling an 
amusement ride while intoxicated.
	(b)  An offense under Section 49.04, 49.045, 49.05, 49.06, or 
49.065 is a felony of the third degree if it is shown on the trial of 
the offense that the person has previously been convicted:
		(1)  one time of an offense under Section 49.08 or an 
offense under the laws of another state if the offense contains 
elements that are substantially similar to the elements of an 
offense under Section 49.08; or
		(2)  two times of any other offense relating to the 
operating of a motor vehicle while intoxicated, operating an 
aircraft while intoxicated, operating a watercraft while 
intoxicated, or operating or assembling an amusement ride while 
intoxicated.
	(g)  A conviction may be used for purposes of enhancement 
under this section or enhancement under Subchapter D, Chapter 12, 
but not under both this section and Subchapter D.  A deferred 
adjudication for an offense under Section 49.04, 49.045, 49.05, 
49.06, or 49.065 is considered a conviction for purposes of 
enhancement of penalties under this section or Subchapter D, 
Chapter 12.
	(2)  On page 7, line 22, strike "Except as provided by 
Section 5 of this Act" and substitute "(a) Except as provided by 
Subsection (b) of this section".
	(3)  On page 8, line 3, strike "SECTION 5" and substitute 
"(b)".             
	(4)  Renumber remaining SECTIONS of the bill accordingly.