Amend CSHB 4061 (House committee printing) as follows:
(1) On page 1, between lines 4 and 5, add the following appropriately numbered SECTION to the bill:
SECTION ____. Article 17.441(c), Code of Criminal
Procedure, is amended to read as follows:
(c) If the defendant is required to have the device
installed, the magistrate shall require that the defendant have the
device installed on the appropriate motor vehicle, at the
defendant's expense, not later than the third business [before the
30th] day after the date the defendant is released on bond.
(2) On page 2, line 22, strike "before the 30th" and
substitute "not later than the third business [before the 30th]".
(3) On page 2, lines 25-26, strike "provide evidence to the
court within the 30-day period" and substitute "promptly provide
evidence to the court [within the 30-day period]".
(4) On page 5, line 14, between "shall" and "order" insert
"require the ignition interlock device to be installed not later
than the third business day after the date the occupational license
takes effect and shall".
(5) On page 6, between lines 11 and 12, add the following
appropriately numbered SECTION to the bill:
SECTION ____. Section 521.2476(b), Transportation Code, is
amended to read as follows:
(b) The minimum standards shall require each vendor to:
(1) be authorized by the department to do business in
this state;
(2) install a device only if the device is approved
under Section 521.247;
(3) obtain liability insurance providing coverage for
damages arising out of the operation or use of devices in amounts
and under the terms specified by the department;
(4) install the device and activate any
anticircumvention feature of the device not later than the third
business day [within a reasonable time] after the date the vendor
receives notice that installation is ordered by a court;
(5) install and inspect the device in accordance with
any applicable court order;
(6) repair or replace a device not later than 48 hours
after receiving notice of a complaint regarding the operation of
the device;
(7) remove a device not later than the third business
day after the date the owner or operator of the vehicle requests
removal and provides a copy of a court order to the vendor showing
that the owner or operator is no longer restricted to the use of a
motor vehicle equipped with an ignition interlock device;
(8) submit a written report of any violation of a court
order to that court and to the person's supervising officer, if any,
not later than 48 hours after the vendor discovers the violation;
(9) [(8)] maintain a record of each action taken by
the vendor with respect to each device installed by the vendor,
including each action taken as a result of an attempt to circumvent
the device, until at least the fifth anniversary after the date of
installation;
(10) [(9)] make a copy of the record available for
inspection by or send a copy of the record to any court, supervising
officer, or the department on request; and
(11) [(10)] annually provide to the department a
written report of each service and ignition interlock device
feature made available by the vendor.
(6) On page 7, line 22, strike "Except as provided by
Section 5 of this Act" and substitute "(a) Except as provided by
Subsections (b) and (c) of this section".
(7) On page 8, line 3, strike "SECTION 5" and substitute
"(b)".
(8) On page 8, between lines 6 and 7, insert the following:
(c) The changes in law made by this Act in amending Articles
17.441 and 42.12, Code of Criminal Procedure, and Section 521.246,
Transportation Code, relating to the time frame for installation
and removal of an ignition interlock device, apply only to a court
order entered on or after the effective date of this section. A
court order entered before the effective date of this section is
governed by the law in effect when the court order was entered, and
the former law is continued in effect for that purpose.
(d) The Department of Public Safety by rule shall establish
the minimum standards required by Section 521.2476(b),
Transportation Code, as amended by this Act, not later than
December 1, 2009.
(9) Renumber SECTIONS of the bill accordingly.