HBA-DMD H.B. 3492 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3492
By: Dunnam
Public Safety
4/1/1999
Introduced



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, there is 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 1 (Section 521.2476, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  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 2.Effective date: September 1, 1999. 

SECTION 3.Emergency clause.