HBA-RBT H.B. 807 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 807
By: Jones, Jesse
Criminal Jurisprudence
3/11/1999
Introduced



BACKGROUND AND PURPOSE 

After a person has been arrested for the offense of driving while
intoxicated, the court may order the installation of a motor vehicle
interlock device as a condition of bail.  This device will not allow the
vehicle to start if the driver is intoxicated.  Currently, community
supervision and corrections departments are not authorized to charge a fee
to verify the installation and to monitor the operation of these devices.
H.B. 807 requires a defendant charged with a subsequent offense of driving
while intoxicated to pay a $10 fee to an agency designated to verify the
installation of a breath alcohol ignition interlock device.  The fee is
levied each time the agency provides monitoring service. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 17.441(d), Code of Criminal Procedure, to
require a defendant, if a magistrate has authorized an agency to install or
monitor a motor vehicle ignition interlock device, to pay a fee of $10 to
the agency at the time the agency verifies an installation and each time
the agency provides a monitoring service. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.