HBA-KMH S.B. 205 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 205 By: Carona Criminal Jurisprudence 5/4/1999 Engrossed BACKGROUND AND PURPOSE Currently, there is an installation charge for a defendant who uses a motor vehicle ignition device. An interlock device verifies that a driver is not intoxicated prior to permitting its vehicle to start. A magistrate may designate the device for use after the defendant commits a second offense of driving while intoxicated, but has not been tried for the first charge. S.B. 205 requires the defendant to pay a fee set by the magistrate each time the agency verifies the installation and services the device. 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 to pay a fee to a designated agency which verifies the court-ordered installation of a motor vehicle ignition interlock device in an amount set by the magistrate at the time of verification. Requires the defendant to pay a fee the first time the agency monitors the device each month subsequent to installation. Requires the magistrate to set the fee in an amount not to exceed $10, as determined by the county auditor, or by the commissioners court if the county doesn't have an auditor, to cover the costs of verification. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.