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.