Texas 2015 - 84th Regular

Texas House Bill HB2246 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Villalba, et al. (Senate Sponsor - Huffman) H.B. No. 2246
2		-	(In the Senate - Received from the House May 6, 2015;
3		-	May 15, 2015, read first time and referred to Committee on State
4		-	Affairs; May 22, 2015, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2246
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the restriction of certain intoxication offenders to
12	6		the operation of a motor vehicle with an ignition interlock device
13	7		in lieu of a license suspension.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 13, Article 42.12, Code of Criminal
16	10		Procedure, is amended by adding Subsection (o) to read as follows:
17	11		(o) Notwithstanding any other provision of this section, a
18	12		defendant whose license is suspended for an offense under Sections
19	13		49.04-49.08, Penal Code, may operate a motor vehicle during the
20	14		period of suspension if the defendant:
21	15		(1) obtains and uses an ignition interlock device as
22	16		provided by Subsection (i) for the entire period of the suspension;
23	17		and
24	18		(2) applies for and receives an occupational driver's
25	19		license with an ignition interlock designation under Section
26	20		521.2465, Transportation Code.
27	21		SECTION 2. Section 49.09(h), Penal Code, is amended to read
28	22		as follows:
29	23		(h) This subsection applies only to a person convicted of a
30	24		second or subsequent offense relating to the operating of a motor
31	25		vehicle while intoxicated committed within five years of the date
32	26		on which the most recent preceding offense was committed. The court
33	27		shall enter an order that requires the defendant to have a device
34	28		installed, on each motor vehicle owned or operated by the
35	29		defendant, that uses a deep-lung breath analysis mechanism to make
36	30		impractical the operation of the motor vehicle if ethyl alcohol is
37	31		detected in the breath of the operator, and that requires that
38	32		before the first anniversary of the ending date of the period of
39	33		license suspension under Section 521.344, Transportation Code, the
40	34		defendant not operate any motor vehicle that is not equipped with
41	35		that device. The court shall require the defendant to obtain the
42	36		device at the defendant's own cost on or before that ending date,
43	37		require the defendant to provide evidence to the court on or before
44	38		that ending date that the device has been installed on each
45	39		appropriate vehicle, and order the device to remain installed on
46	40		each vehicle until the first anniversary of that ending date. If
47	41		the court determines the offender is unable to pay for the device,
48	42		the court may impose a reasonable payment schedule not to extend
49	43		beyond the first anniversary of the date of installation. The
50	44		Department of Public Safety shall approve devices for use under
51	45		this subsection. Section 521.247, Transportation Code, applies to
52	46		the approval of a device under this subsection and the consequences
53	47		of that approval. Failure to comply with an order entered under
54	48		this subsection is punishable by contempt. For the purpose of
55	49		enforcing this subsection, the court that enters an order under
56	50		this subsection retains jurisdiction over the defendant until the
57	51		date on which the device is no longer required to remain installed.
58	52		To the extent of a conflict between this subsection and Section 13
59	53		[13(i)], Article 42.12, Code of Criminal Procedure, this subsection
60	54		controls.
61	55		SECTION 3. Section 521.242(a), Transportation Code, is
62	56		amended to read as follows:
63	57		(a) A person whose license has been suspended for a cause
64	58		other than a physical or mental disability or impairment or a
65	59		conviction of an offense under Sections 49.04-49.08 [Section
66	60		49.04], Penal Code, may apply for an occupational license by filing
67	61		a verified petition with the clerk of a justice, county, or district
68	62		court with jurisdiction that includes the precinct or county in
69	63		which:
70	64		(1) the person resides; or
71	65		(2) the offense occurred for which the license was
72	66		suspended.
73	67		SECTION 4. Section 521.243(a), Transportation Code, is
74	68		amended to read as follows:
75	69		(a) The clerk of the court shall send by certified mail to
76	70		the attorney representing the state a copy of the petition and
77	71		notice of the hearing if the petitioner's license was suspended
78	72		following a conviction for:
79	73		(1) an offense under Section 19.05 or Sections
80	74		49.04-49.08, [49.04, 49.07, or 49.08,] Penal Code; or
81	75		(2) an offense to which Section 521.342 applies.
82	76		SECTION 5. Section 521.244, Transportation Code, is amended
83	77		by adding Subsection (e) to read as follows:
84	78		(e) A person convicted of an offense under Sections
85	79		49.04-49.08, Penal Code, who is restricted to the operation of a
86	80		motor vehicle equipped with an ignition interlock device is
87	81		entitled to receive an occupational license without a finding that
88	82		an essential need exists for that person, provided that the person
89	83		shows:
90	84		(1) evidence of financial responsibility under
91	85		Chapter 601; and
92	86		(2) proof the person has had an ignition interlock
93	87		device installed on each motor vehicle owned or operated by the
94	88		person.
95	89		SECTION 6. Sections 521.246(a), (b), (d), and (f),
96	90		Transportation Code, are amended to read as follows:
97	91		(a) If the person's license has been suspended after a
98	92		conviction of an offense under Sections 49.04-49.08 [Section 49.04,
99	93		49.07, or 49.08], Penal Code, the judge[, before signing an order,]
100	94		shall [determine from the criminal history record information
101	95		maintained by the department whether the person has any previous
102	96		conviction under those laws.
103	97		[(b) As part of the order the judge may] restrict the person
104	98		to the operation of a motor vehicle equipped with an ignition
105	99		interlock device [if the judge determines that the person's license
106	100		has been suspended following a conviction under Section 49.04,
107	101		49.07, or 49.08, Penal Code. As part of the order, the judge shall
108	102		restrict the person to the operation of a motor vehicle equipped
109	103		with an ignition interlock device if the judge determines that:
110	104		[(1) the person has two or more convictions under any
111	105		combination of Section 49.04, 49.07, or 49.08, Penal Code; or
112	106		[(2) the person's license has been suspended after a
113	107		conviction under Section 49.04, Penal Code, for which the person
114	108		has been punished under Section 49.09, Penal Code].
115	109		(d) The court shall order the ignition interlock device to
116	110		remain installed for the duration of the period of suspension [at
117	111		least half of the period of supervision].
118	112		(f) A previous conviction may not be used for purposes of
119	113		restricting a person to the operation of a motor vehicle equipped
120	114		with an interlock ignition device under this section if:
121	115		(1) the previous conviction was a final conviction for
122	116		an offense under Sections 49.04-49.08 [Section 49.04, 49.07, or
123	117		49.08], Penal Code, and was for an offense committed more than 10
124	118		years before the instant offense for which the person was
125	119		convicted; and
126	120		(2) the person has not been convicted of an offense
127	121		under Sections 49.04-49.08 [Section 49.04, 49.07, or 49.08] of that
128	122		code committed within 10 years before the date on which the instant
129	123		offense for which the person was convicted.
130	124		SECTION 7. Section 521.2465, Transportation Code, is
131	125		amended to read as follows:
132	126		Sec. 521.2465. RESTRICTED LICENSE. (a) On receipt of
133	127		notice that a person has been restricted to the use of a motor
134	128		vehicle equipped with an ignition interlock device, the department
135	129		shall notify that person that the person's driver's license expires
136	130		on the 30th day after the date of the notice. On application by the
137	131		person and payment of a fee of $10, the department shall issue a
138	132		special restricted license that conspicuously indicates that
139	133		[authorizes] the person is authorized to operate only a motor
140	134		vehicle equipped with an ignition interlock device.
141	135		(b) On receipt of a copy of a court order removing the
142	136		restriction or at the end of the period of suspension, as
143	137		applicable, the department shall issue the person a driver's
144	138		license without the restriction.
145	139		SECTION 8. Section 521.248, Transportation Code, is amended
146	140		by adding Subsection (d) to read as follows:
147	141		(d) A person who is restricted to the operation of a motor
148	142		vehicle equipped with an ignition interlock device may not be
149	143		subject to any time of travel, reason for travel, or location of
150	144		travel restrictions described by Subsection (a)(1), (2), or (3) or
151	145		(b).
152	146		SECTION 9. Section 521.251, Transportation Code, is amended
153	147		by amending Subsections (c) and (d) and adding Subsection (d-1) to
154	148		read as follows:
155	149		(c) If the person's driver's license has been suspended as a
156	150		result of a conviction of an offense under Sections 49.04-49.08
157	151		[Section 49.04, 49.07, or 49.08], Penal Code, during the five years
158	152		preceding the date of the person's arrest, the order may not take
159	153		effect before the 181st day after the effective date of the
160	154		suspension.
161	155		(d) Notwithstanding any other provision in this section, if
162	156		the person's driver's license has been suspended as a result of a
163	157		second or subsequent conviction under Sections 49.04-49.08
164	158		[Section 49.04, 49.07, or 49.08], Penal Code, committed within five
165	159		years of the date on which the most recent preceding offense was
166	160		committed, an order granting the person an occupational license may
167	161		not take effect before the first anniversary of the effective date
168	162		of the suspension.
169	163		(d-1) Notwithstanding Subsections (b), (c), and (d), the
170	164		court may issue an occupational license to a person if the person
171	165		submits proof the person has an ignition interlock device installed
172	166		on each motor vehicle owned or operated by the person. If a person
173	167		issued an occupational license under this subsection fails to
174	168		maintain an installed ignition interlock device on each motor
175	169		vehicle owned or operated by the person, the court shall revoke the
176	170		occupational license under Section 521.252 and reinstate the
177	171		suspension of the person's driver's license. A person granted an
178	172		occupational license under this subsection may not be ordered to
179	173		submit to the supervision of the local community supervision and
180	174		corrections department under Section 521.2462, unless the order is
181	175		entered by a court of record.
182	176		SECTION 10. The change in law made by this Act applies only
183	177		to a person whose driver's license is suspended on or after the
184	178		effective date of this Act, regardless of whether the underlying
185	179		incident giving rise to the suspension occurred before, on, or
186	180		after that date.
187	181		SECTION 11. This Act takes effect September 1, 2015.
188		-	* * * * *
	182	+	______________________________ ______________________________
	183	+	President of the Senate Speaker of the House
	184	+	I certify that H.B. No. 2246 was passed by the House on May 5,
	185	+	2015, by the following vote: Yeas 143, Nays 1, 2 present, not
	186	+	voting.
	187	+	______________________________
	188	+	Chief Clerk of the House
	189	+	I certify that H.B. No. 2246 was passed by the Senate on May
	190	+	27, 2015, by the following vote: Yeas 31, Nays 0.
	191	+	______________________________
	192	+	Secretary of the Senate
	193	+	APPROVED: _____________________
	194	+	Date
	195	+	_____________________
	196	+	Governor