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  86R2823 LHC-F
 
  By: Smith H.B. No. 2258
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring installation of an ignition interlock device
  as a condition of release on bond for the offense of driving while
  intoxicated with a child passenger.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.441(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  Except as provided by Subsection (b), a magistrate shall
  require on release that a defendant charged with a subsequent
  offense under Section 49.04, 49.05, or 49.06 [Sections
  49.04-49.06], Penal Code, or an offense under Section 49.045,
  49.07, or 49.08 of that code:
               (1)  have installed on the motor vehicle owned by the
  defendant or on the vehicle most regularly driven by the defendant,
  a device that uses a deep-lung breath analysis mechanism to make
  impractical the operation of a motor vehicle if ethyl alcohol is
  detected in the breath of the operator; and
               (2)  not operate any motor vehicle unless the vehicle
  is equipped with that device.
         SECTION 2.  The change in law made by this Act to Article
  17.441, Code of Criminal Procedure, applies to a defendant released
  on bond on or after the effective date of this Act, regardless of
  whether the offense for which the person was arrested occurred
  before, on, or after that date.
         SECTION 3.  This Act takes effect September 1, 2019.