Texas House Bill HB3294

Texas 2025 - 89th Regular

• Filed: 2/25/25

Caption

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.

Impact

The bill amends the Penal Code to create two primary offenses: one for individuals operating vehicles equipped with ignition interlock devices who request another person to provide a breath specimen, and another for those who provide a breath specimen knowingly for someone who is restricted from operating such vehicles. The penalties for these offenses vary; a violation resulting from one's own solicitation is classified as a Class A misdemeanor, escalating to a felony for repeat offenders. On the other hand, providing a breath specimen on behalf of someone else without the needed restrictions would typically be a Class C misdemeanor.

Summary

House Bill 3294 introduces a new criminal offense related to the provision and use of breath specimens for ignition interlock devices. This bill aims to make it illegal for individuals who are restricted from operating a vehicle (due to prior offenses related to operating while intoxicated) to solicit or allow another individual to provide a breath specimen on their behalf for an ignition interlock device. The primary purpose of this legislation is to enhance compliance with ignition interlock requirements and ultimately enhance road safety by reducing instances of driving under the influence.

Contention

Discussion surrounding HB 3294 may underscore debates over personal responsibility and the effectiveness of punitive measures in legislative efforts aimed at reducing drunk driving incidents. Some proponents may argue that this legislation reinforces accountability among individuals, emphasizing the importance of personal responsibility when it comes to compliance with ignition interlock requirements. Critics, however, might highlight concerns about the fairness of penalizing individuals for actions that could stem from difficult circumstances, potentially arguing that rehabilitative measures and educational programs could be more effective than criminal penalties.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 38. Obstructing Governmental Operation
  • Section: New Section

• Chapter 49. Intoxication And Alcoholic Beverage Offenses
  • Section: 09

Code Of Criminal Procedure

• Chapter 17. Bail
  • Section: 441

• Chapter 42. Judgment And Sentence
  • Section: New Section

Transportation Code

• Chapter 521. Driver's Licenses And Certificates
  • Section: 246