§ 49.09. ENHANCED OFFENSES AND PENALTIES CONTINUED

(h) This subsection applies only to a person convicted of a second or subsequent offense relating to the operating of a motor vehicle while[0] intoxicated[0] committed within five years of the date on which the most recent preceding offense was committed. The court shall enter an order that requires the defendant to have a device installed, on each motor vehicle owned or operated 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 requires that before the first anniversary of the ending date of the period of license suspension under Section 521.344, Transportation Code, the defendant not operate any motor vehicle that is not equipped with that device. The court shall require the defendant to obtain the device at the defendant's own cost on or before that ending date, require the defendant to provide evidence to the court on or before that ending date that the device has been installed on each appropriate vehicle, and order the device to remain installed on each vehicle until the first anniversary of that ending date. If the court determines the offender is unable to pay for the device, the court may impose a reasonable payment schedule not to extend beyond the first anniversary of the date of installation. 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. Failure to comply with an order entered under this subsection is punishable by contempt. For the purpose of enforcing this subsection, the court that enters an order under this subsection retains jurisdiction over the defendant until the date on which the device is no longer required to remain installed. To the extent of a conflict between this subsection and Section 13(i), Article 42.12, Code of Criminal Procedure, this subsection controls.

Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,1994.
Amended by Acts 1995, 74th Leg., ch. 76, § 14.56, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, § 21, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 1364, § 12, 13, eff. Jan. 1,
2000; Acts 2001, 77th Leg., ch. 648, § 1, 2, eff, Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 969, § 3, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 787, § 2, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1275, § 2(117), eff. Sept. 1, 2003.