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.