88R13704 CJD-F
By: Reynolds H.B. No. 2915
A BILL TO BE ENTITLED
AN ACT
relating to the offense of providing or requesting or allowing
another to provide a breath specimen for an ignition interlock
device; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Penal Code, is amended by adding
Section 38.20 to read as follows:
Sec. 38.20. PROVIDING BREATH SPECIMEN FOR IGNITION
INTERLOCK DEVICE. (a) In this section:
(1) "Ignition interlock device" has the meaning
assigned by Article 42A.408, Code of Criminal Procedure.
(2) "Offense relating to the operating of a motor
vehicle while intoxicated," "offense of operating an aircraft while
intoxicated," "offense of operating a watercraft while
intoxicated," and "offense of operating or assembling an amusement
ride while intoxicated" have the meanings assigned by Section
49.09.
(b) A person commits an offense if the person:
(1) is restricted to the operation of a motor vehicle
equipped with an ignition interlock device under Article 17.441 or
42A.408, Code of Criminal Procedure, Section 521.246,
Transportation Code, or Section 49.09(h) of this code;
(2) requests or allows another person to provide a
breath specimen for the ignition interlock device installed on the
motor vehicle owned or most regularly driven by the actor; and
(3) subsequently operates the motor vehicle equipped
with the ignition interlock device without first providing the
actor's own breath specimen.
(c) A person commits an offense if the person:
(1) intentionally or knowingly provides a breath
specimen for an ignition interlock device installed on the motor
vehicle of another person who the actor knows is restricted to the
operation of a motor vehicle equipped with an ignition interlock
device under Article 17.441 or 42A.408, Code of Criminal Procedure,
Section 521.246, Transportation Code, or Section 49.09(h) of this
code; and
(2) knows that the person who is restricted to the
operation of a motor vehicle equipped with the ignition interlock
device intends to subsequently operate the motor vehicle without
providing the person's own breath specimen.
(d) An offense under Subsection (b) is a Class A
misdemeanor, except that the offense is a felony of the third degree
if it is shown on the trial of the offense that:
(1) the defendant has previously been convicted:
(A) one time of an offense under Section 49.08 or
an offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an
offense under Section 49.08; or
(B) two times of any offense, other than an
offense described by Paragraph (A), relating to the operating of a
motor vehicle while intoxicated, operating an aircraft while
intoxicated, operating a watercraft while intoxicated, or
operating or assembling an amusement ride while intoxicated; or
(2) at the time of the offense, the defendant was
released on bond or on community supervision for an offense under
Section 49.045, 49.07, or 49.08.
(e) An offense under Subsection (c) is a Class C
misdemeanor, except that the offense is a Class A misdemeanor if it
is shown on the trial of the offense that the defendant has
previously been convicted of an offense under Subsection (c).
SECTION 2. This Act takes effect September 1, 2023.