Texas 2009 - 81st Regular

Texas House Bill HB379

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses.

Impact

The implementation of HB 379 is expected to significantly change how intoxication offenses are managed in Texas. Courts will be required to evaluate an offender's previous convictions and levels of alcohol concentration at the time of the offense before determining conditions for community supervision. If the offender has been previously convicted or their alcohol level exceeds 0.15, the ignition interlock device becomes a non-negotiable condition. This legislative measure is likely to reduce the number of repeat offenders on the road, thereby enhancing safety for all motorists.

Summary

House Bill 379 proposes the mandatory installation of ignition interlock devices for individuals convicted of specific intoxication offenses under Texas law (Sections 49.04-49.08 of the Penal Code). The bill aims to enhance public safety by preventing repeat offenses among individuals convicted of driving under the influence of alcohol. It adjusts the requirements for community supervision by mandating courts to conditionally require the installation of an ignition interlock device for certain offenders and prohibits them from operating any non-compliant vehicles. This requirement applies particularly to those with high blood alcohol concentration levels or multiple convictions in the past.

Contention

While supporters believe that mandatory ignition interlock devices will deter drunk driving and reduce accidents, opponents may raise concerns about the costs associated with installing and maintaining these devices, especially for individuals with limited financial resources. Additionally, there could be debates regarding the fairness of the stipulated conditions based on various circumstances, such as employment or particular hardships faced by the offenders. The bill outlines provisions for offenders unable to pay for the device, allowing the courts to impose a payment schedule, which may mitigate some concerns around equity.

Companion Bills

TX SB170

Identical Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses.

Similar Bills

TX HB2733

Relating to defendants restricted to the operation of a vehicle equipped with an ignition interlock device or required to submit to alcohol monitoring and establishing a central database of those defendants.

TX HB2246

Relating to the restriction of certain intoxication offenders to the operation of a motor vehicle with an ignition interlock device in lieu of a license suspension.

TX HB364

Relating to required alcohol monitoring and ignition interlock devices ordered by a court and a central database of those orders; creating a criminal offense.

TX HB928

Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses.

TX SB170

Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses.

TX HB1110

Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses.

UT HB0395

DUI Offense Amendments

TX HB260

Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses as a condition of community supervision; imposing a fee.