Bill Text: TX HB473 | 2011-2012 | 82nd Legislature | Comm Sub

---

Bill Title: Relating to the consequences of an arrest for or conviction of certain intoxication offenses and to fees associated with the enforcement and administration of certain of those consequences.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2011-05-10 - Committee report sent to Calendars [HB473 Detail]

Download: Texas-2011-HB473-Comm_Sub.html

---

82R23949 GCB-D
By: Smith of Tarrant, Christian, Callegari, H.B. No. 473
et al.
Substitute the following for H.B. No. 473:
By: Burkett C.S.H.B. No. 473

A BILL TO BE ENTITLED
AN ACT
relating to the consequences of an arrest for or conviction of
certain intoxication offenses and to fees associated with the
enforcement and administration of certain of those consequences.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Nicole "Lilly"
Lalime Act.
SECTION 2. Sections 13(i) and (n), Article 42.12, Code of
Criminal Procedure, are amended to read as follows:
(i) If a person convicted of an offense under Section 49.04,
49.045, 49.05, 49.06, 49.07, or 49.08 [Sections 49.04-49.08], Penal
Code, is placed on community supervision, the court shall [may]
require as a condition of community supervision that the defendant
have a device installed, on the motor vehicle owned by the defendant
or on the vehicle most regularly driven by the defendant, that uses
a deep-lung breath analysis mechanism to make impractical the
operation of the motor vehicle if ethyl alcohol is detected in the
breath of the operator and that the defendant not operate any motor
vehicle that is not equipped with that device. [If it is shown on
the trial of the offense that an analysis of a specimen of the
person's blood, breath, or urine showed an alcohol concentration
level of 0.15 or more at the time the analysis was performed, or if
the person is convicted of an offense under Sections 49.04-49.06,
Penal Code, and punished under Section 49.09(a) or (b), Penal Code,
or of a second or subsequent offense under Section 49.07 or 49.08,
Penal Code, and the person after conviction of either offense is
placed on community supervision, the court shall require as a
condition of community supervision that the defendant have the
device installed on the appropriate vehicle and that the defendant
not operate any motor vehicle unless the vehicle is equipped with
that device. Before placing on community supervision a person
convicted of an offense under Sections 49.04-49.08, Penal Code, the
court shall determine from criminal history record information
maintained by the Department of Public Safety whether the person
has one or more previous convictions under Sections 49.04-49.08,
Penal Code, or has one previous conviction under Sections
49.04-49.07, Penal Code, or one previous conviction under Section
49.08, Penal Code. If it is shown on the trial of the offense that
an analysis of a specimen of the person's blood, breath, or urine
showed an alcohol concentration level of 0.15 or more at the time
the analysis was performed, or if the court determines that the
person has one or more such previous convictions, the court shall
require as a condition of community supervision that the defendant
have that device installed on the motor vehicle owned by the
defendant or on the vehicle most regularly driven by the defendant
and that the defendant not operate any motor vehicle unless the
vehicle is equipped with the device described in this subsection.]
The court shall require the defendant to obtain the device at the
defendant's own expense [cost] before the 30th day after the date of
conviction unless the court finds that to do so would not be in the
best interest of justice and enters its findings on record. The
court shall require the defendant to provide evidence to the court
within the 30-day period that the device has been installed on the
appropriate vehicle and order the device to remain installed on
that vehicle for a period not less than 50 percent of the
supervision period. If the court determines the offender is unable
to pay for the device, the court may impose a reasonable payment
schedule not to exceed twice the period of the court's order. The
Department of Public Safety shall approve devices for use under
this subsection. Section 521.247, Transportation Code, applies to
the approval of a device under this subsection and the consequences
of that approval. Notwithstanding the provisions of this section,
if a person is required to operate a motor vehicle in the course and
scope of the person's employment and if the vehicle is owned by the
employer, the person may operate that vehicle without installation
of an approved ignition interlock device if the employer has been
notified of that driving privilege restriction and if proof of that
notification is with the vehicle. This employment exemption does
not apply, however, if the business entity that owns the vehicle is
owned or controlled by the person whose driving privilege has been
restricted. [A previous conviction may not be used for purposes of
restricting a person to the operation of a motor vehicle equipped
with an interlock ignition device under this subsection if:
[(1) the previous conviction was a final conviction
under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
Code, and was for an offense committed more than 10 years before the
instant offense for which the person was convicted and placed on
community supervision; and
[(2) the person has not been convicted of an offense
under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08 of that
code, committed within 10 years before the date on which the instant
offense for which the person was convicted and placed on community
supervision.]
(n) Notwithstanding any other provision of this section or
other law, the judge who places on community supervision a
defendant who was younger than 21 years of age at the time of the
offense and was convicted for an offense under Section 49.04,
49.045, 49.05, 49.06, 49.07, or 49.08 [Sections 49.04-49.08], Penal
Code, shall[:
[(1)] order that the defendant's driver's license be
suspended for 90 days beginning on the date that the person is
placed on community supervision[; and
[(2) require as a condition of community supervision
that the defendant not operate a motor vehicle unless the vehicle is
equipped with the device described by Subsection (i) of this
section].
SECTION 3. Section 521.246, Transportation Code, is amended
to read as follows:
Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT. (a)
If the person's license has been suspended after a conviction under
Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal Code,
as [the judge, before signing an order, shall determine from the
criminal history record information maintained by the department
whether the person has any previous conviction under those laws.
[(b) As part of the order the judge may restrict the person
to the operation of a motor vehicle equipped with an ignition
interlock device if the judge determines that the person's license
has been suspended following a conviction under Section 49.04,
49.07, or 49.08, Penal Code. As] part of the order, the judge shall
restrict the person to the operation of a motor vehicle equipped
with an ignition interlock device [if the judge determines that:
[(1) the person has two or more convictions under any
combination of Section 49.04, 49.07, or 49.08, Penal Code; or
[(2) the person's license has been suspended after a
conviction under Section 49.04, Penal Code, for which the person
has been punished under Section 49.09, Penal Code].
(b) [(c)] The person shall obtain the ignition interlock
device at the person's own expense unless the court finds that to do
so is not in the best interest of justice and enters that finding in
the record. If the court determines that the person is unable to
pay for the device, the court may impose a reasonable payment
schedule for a term not to exceed twice the period of the court's
order.
(c) [(d)] The court shall order the ignition interlock
device to remain installed for at least half of the period of
supervision.
(d) [(e)] A person to whom this section applies may operate
a motor vehicle without the installation of an approved ignition
interlock device if:
(1) the person is required to operate a motor vehicle
in the course and scope of the person's employment;
(2) the vehicle is owned by the person's employer;
(3) the employer is not owned or controlled by the
person whose driving privilege is restricted;
(4) the employer is notified of the driving privilege
restriction; and
(5) proof of that notification is with the vehicle.
[(f) A previous conviction may not be used for purposes of
restricting a person to the operation of a motor vehicle equipped
with an interlock ignition device under this section if:
[(1) the previous conviction was a final conviction
under Section 49.04, 49.07, or 49.08, Penal Code, and was for an
offense committed more than 10 years before the instant offense for
which the person was convicted; and
[(2) the person has not been convicted of an offense
under Section 49.04, 49.07, or 49.08 of that code committed within
10 years before the date on which the instant offense for which the
person was convicted.]
SECTION 4. Section 521.247(c), Transportation Code, is
amended to read as follows:
(c) If the department approves a device, the department
shall notify the manufacturer of that approval in writing. Written
notice from the department to a manufacturer is admissible in a
civil or criminal proceeding in this state. The manufacturer shall
pay an amount not less than $500, as determined by the department,
to cover the costs [reimburse the department for any cost] incurred
by the department in approving the device.
SECTION 5. Section 521.2475(b), Transportation Code, is
amended to read as follows:
(b) Each [The department shall assess the cost of preparing
the evaluation equally against each] manufacturer of an approved
device shall annually pay to the department a reasonable amount not
less than $500, as determined by the department, to help defray
costs incurred in complying with Subsection (a) and in
administering this subchapter.
SECTION 6. Section 521.2476(d), Transportation Code, is
amended to read as follows:
(d) A vendor shall reimburse the department in a reasonable
amount not less than $450, as determined by the department, to cover
costs incurred in [for the reasonable cost of] conducting each
inspection of the vendor's facilities under this section.
SECTION 7. Section 521.251, Transportation Code, is amended
to read as follows:
Sec. 521.251. EFFECTIVE DATE OF OCCUPATIONAL LICENSE.
(a) If a person's license is suspended under Chapter 524 or 724 and
the person has not had a prior suspension arising from an
alcohol-related or drug-related enforcement contact in the five
years preceding the date of the person's arrest, an order under this
subchapter granting the person an occupational license takes effect
immediately. However, the court shall order the person to comply
with the counseling and rehabilitation program required under
Section 521.245.
(b) An order under this subchapter granting the person an
occupational license may not take effect before the 45th day after
the effective date of the person's driver's license suspension
under Chapter 524 or 724 if [If] the person's [driver's] license has
been suspended as a result of:
(1) an alcohol-related or drug-related enforcement
contact during the five years preceding the date of the person's
arrest; or
(2) [, the order may not take effect before the 91st
day after the effective date of the suspension.
[(c) If the person's driver's license has been suspended as
a result of a conviction under Section 49.04, 49.07, or 49.08, Penal
Code, during the five years preceding the date of the person's
arrest, the order may not take effect before the 181st day after the
effective date of the suspension.
[(d) Notwithstanding any other provision in this section,
if the person's driver's license has been suspended as a result of]
a second or subsequent conviction under Section 49.04, 49.045,
49.07, or 49.08, Penal Code, committed within five years of the date
on which the most recent preceding offense was committed[, an order
granting the person an occupational license may not take effect
before the first anniversary of the effective date of the
suspension].
(c) [(e)] For the purposes of this section,
"alcohol-related or drug-related enforcement contact" means a
driver's license suspension, disqualification, or prohibition
order under the laws of this state or another state resulting from:
(1) a conviction of an offense prohibiting the
operation of a motor vehicle while:
(A) intoxicated;
(B) under the influence of alcohol; or
(C) under the influence of a controlled
substance;
(2) a refusal to submit to the taking of a breath or
blood specimen following an arrest for an offense prohibiting the
operation of a motor vehicle while:
(A) intoxicated;
(B) under the influence of alcohol; or
(C) under the influence of a controlled
substance; or
(3) an analysis of a breath or blood specimen showing
an alcohol concentration of a level specified by Section 49.01,
Penal Code, following an arrest for an offense prohibiting the
operation of a motor vehicle while intoxicated [has the meaning
assigned by Section 524.001].
SECTION 8. (a) Except as provided by Subsection (b) of this
section, the change in law made by this Act applies only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.
(b) The change in law made by this Act in amending Section
521.251, Transportation Code, applies only to a person who applies
for an occupational driver's license on or after September 1, 2011.
SECTION 9. This Act takes effect September 1, 2011.