HBA-DMD, RBT H.B. 3492 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3492 By: Dunnam Public Safety 7/30/1999 Enrolled BACKGROUND AND PURPOSE The Texas Legislature has set up a range of offenses that require judges to order ignition interlock devices to be installed on the vehicle of individual convicted of a DWI offense. However, prior to the 76th Legislature there was no reporting requirement for those companies which manufacture such devices in order to ensure that the courts are aware of the violations that occur while these interlock machines are in place. H.B. 3492 establishes minimum standards for ignition interlock vendors, including standardized violation reports. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Department of Public Safety in SECTION 2 (Section 521.2476, Transportation Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 521.246, Transportation Code, by adding Subsection (f), as follows: (f) Prohibits a previous conviction from being used for purposes of restricting a person to the operation of a motor vehicle equipped with an interlock ignition device under certain conditions. SECTION 2. Amends Subchapter L, Chapter 521, Transportation Code, by adding Section 521.2476, as follows: Sec. 521.2476. MINIMUM STANDARDS FOR VENDORS OF IGNITION INTERLOCK DEVICES. (a) Requires the Department of Public Safety (department), by rule, to establish minimum standards for vendors of ignition interlock devices who conduct business in this state, and procedures to ensure compliance with those standards, including procedures for the inspection of a vendor's facilities. (b) Specifies the required minimum standards for each vendor. (c) Authorizes the department to revoke the department's authorization for a vendor to do business in this state if the vendor or an officer or employee of the vendor violates any law of this state that applies to the vendor, or any rule adopted by the department under this section or another law that applies to the vendor. (d) Requires a vendor to reimburse the department for the reasonable cost of conducting each inspection of the vendor's facilities under this section. (e) Defines "offense relating to the operation of a motor vehicle while intoxicated" in this section. SECTION 3. Amends Section 13(i), Article 42.12, Code of Criminal Procedure, as follows: (i) Prohibits a previous conviction from being used for purposes of restricting a person to the operation of a motor vehicle equipped with an interlock ignition device under this subsection if: (1) the previous conviction was a final conviction under Section 49.04 (Driving While Intoxicated), 49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), 49.07 (Intoxication Assault), or 49.08 (Intoxication Manslaughter), Penal Code, and was for an offense committed more than 10 years before the instant offense for which the person was convicted and placed on community supervision; and (2) the person has not been convicted of an offense under Section 49.04, 49.05, 49.06, 49.07, or 49.08 of that code, committed within 10 years before the date on which the instant offense for which the person was convicted and placed on community supervision. SECTION 4.Effective date: September 1, 1999. Makes application of Section 521.246, Transportation Code, and Section 13(i), Article 42.12, Code of Criminal Procedure, prospective. SECTION 5.Emergency clause.