HBA-DMD H.B. 3363 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3363 By: Talton Public Safety 4/22/1999 Introduced BACKGROUND AND PURPOSE Under current state law, anyone who is convicted of a second or subsequent offense of driving while intoxicated is required to have an ignition interlock installed in their motor vehicle. H.B. 3363 requires the Department of Public Safety (department) to provide that an ignition interlock device (device) may be approved only if the device meets certain guidelines. This bill requires the department to establish minimum standards for vendors of devices who conduct business in this state and procedures to ensure compliance with those standards. This bill also authorizes the department to revoke its authorization given to a vendor to do business in this state if the vendor or an officer or employee of the vendor is a person who has been convicted of any felony or of a second or subsequent offense relating to the operation of a motor vehicle while intoxicated. It requires a vendor to reimburse the department for the reasonable cost of conducting each inspection of the vendor's facilities. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Department of Public Safety in SECTIONS 1 and 2 (Sections 521.247 and 521.2476, Transportation Code) and rulemaking authority previously delegated to the Department of Public Safety is modified in SECTION 1 (Section 521.247, Transportation Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 521.247(a) and (b), Transportation Code, as follows: (a) Requires the Department of Public Safety (department), by rule, to provide that an ignition interlock device (device) may be approved only if the device meets certain guidelines. (b) Requires the department, by rule, to establish minimum, rather than general, standards for the calibration and maintenance of the devices. SECTION 2. Amends Subchapter L, Chapter 521, Transportation Code, by adding Section 521.2476, as follows: Sec. 521.2476. MINIMUM STANDARDS FOR VENDORS OF IGNITION INTERLOCK DEVICES. (a) Requires the department, by rule, to establish minimum standards for vendors of ignition interlock devices who conduct business in this state and procedures to ensure compliance with those standards, including procedures for the inspection of a vendor's facilities. (b) Specifies the required minimum standards that are required of each vendor. (c) Authorizes the department to revoke the department's authorization for a vendor to do business in this state if the vendor or an officer or employee of the vendor is a person who has been convicted of any felony or of a second or subsequent offense relating to the operation of a motor vehicle while intoxicated. Requires the department to periodically review criminal history record information maintained by the department and take any action necessary to enforce this subsection. (d) Requires a vendor to reimburse the department for the reasonable cost of conducting each inspection of the vendor's facilities under this section. (e) Defines "offense relating to the operation of a motor vehicle while intoxicated" in this section. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause.