HBA-DMH H.B. 3249 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3249 By: Hinojosa Corrections 4/8/2001 Introduced BACKGROUND AND PURPOSE Under current law, a person has full driving privileges after being released from serving a sentence for an intoxication related offense. About one-third of all drivers arrested or convicted of DWI are repeat DWI offenders and approximately 60 percent of third-time DWI offenders receive violations for driving while their license is suspended. A study of repeat alcohol-related violation offenders showed a 65 percent reduction in repeat offenses for releasees with a deep-lung breath analysis type device attached to the releasee's vehicle ignition. The device makes the operation of the motor vehicle impractical if ethyl alcohol is detected when the releasee breathes into the device. House Bill 3249 requires, as a condition of parole or mandatory supervision, that a deep-lung breath analysis device be installed on a releasee's motor vehicle if the releasee is serving a sentence for an intoxication-related offense. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3249 amends the Government Code to require a parole panel for a releasee serving a sentence for an intoxication or alcoholic beverage offense to require as a condition of parole or mandatory supervision that a releasee, until the first anniversary of the releasee's release: _have a device installed, on the motor vehicle owned by the releasee or on the vehicle most regularly driven by the releasee, 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 _not operate any motor vehicle that is not equipped with the device. On modification of parole or mandatory supervision of a releasee, the bill authorizes the Board of Pardons and Paroles to extend for a one year period such a condition of parole or mandatory supervision. The bill requires the parole panel to require the releasee to periodically provide evidence to the panel that the device has been installed on the appropriate motor vehicle and on any vehicle regularly driven by the releasee. If the parole panel determines that the releasee is unable to pay for the device, the bill authorizes the panel to impose on the releasee a reasonable payment schedule. If a releasee is required to operate a motor vehicle in the course and scope of the releasee's employment and if the vehicle is owned by the employer, the bill authorizes the releasee to operate the vehicle without installation of a deep-lung breath analysis 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 if the business entity that owns the vehicle is owned or controlled by the releasee. The bill requires the Department of Public Safety to approve devices for use in accordance with these provisions. EFFECTIVE DATE September 1, 2001.