(1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and
(2) not operate any motor vehicle unless the vehicle is equipped with that device.
(b) The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice.
(c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date the defendant is released on bond.
(d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device. If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a reimbursement fee to the designated agency in the amount set by the magistrate. The defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device. In each subsequent month during which the defendant is required to pay a reimbursement fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 45, eff. Sept. 1, 1995. Subsec. (d) amended by Acts 1999, 76th Leg., ch. 537, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1298 (H.B. 3582), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.05, eff. January 1, 2020.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Article 17.01. Definition of "Bail"
Article 17.02. Definition of "Bail Bond"
Article 17.021. Public Safety Report System
Article 17.022. Public Safety Report
Article 17.023. Authority to Release on Bail in Certain Cases
Article 17.024. Training on Duties Regarding Bail
Article 17.025. Officers Taking Bail Bond
Article 17.026. Electronic Filing of Bail Bond
Article 17.027. Release on Bail of Defendant Charged With Felony Offense Committed While on Bail
Article 17.031. Release on Personal Bond
Article 17.033. Release on Bond of Certain Persons Arrested Without a Warrant
Article 17.04. Requisites of a Personal Bond
Article 17.045. Bail Bond Certificates
Article 17.05. When a Bail Bond Is Given
Article 17.0501. Required Training
Article 17.06. Corporation as Surety
Article 17.07. Corporation to File With County Clerk Power of Attorney Designating Agent
Article 17.071. Charitable Bail Organizations
Article 17.08. Requisites of a Bail Bond
Article 17.081. Additional Requisites of Bail Bond Given by Certain Defendants
Article 17.085. Notice of Appearance Date
Article 17.09. Duration; Original and Subsequent Proceedings; New Bail
Article 17.091. Notice of Certain Bail Reductions Required
Article 17.10. Disqualified Sureties
Article 17.11. How Bail Bond Is Taken
Article 17.12. Exempt Property
Article 17.13. Sufficiency of Sureties Ascertained
Article 17.14. Affidavit Not Conclusive
Article 17.141. Eligible Bail Bond Sureties in Certain Counties
Article 17.15. Rules for Setting Amount of Bail
Article 17.151. Release Because of Delay
Article 17.153. Denial of Bail for Violation of Condition of Bond Where Child Alleged Victim
Article 17.17. When Surrender Is Made During Term
Article 17.18. Surrender in Vacation
Article 17.19. Surety May Obtain a Warrant
Article 17.20. Bail in Misdemeanor
Article 17.22. May Take Bail in Felony
Article 17.23. Sureties Severally Bound
Article 17.24. General Rules Applicable
Article 17.25. Proceedings When Bail Is Granted
Article 17.26. Time Given to Procure Bail
Article 17.27. When Bail Is Not Given
Article 17.28. When Ready to Give Bail
Article 17.29. Accused Liberated
Article 17.291. Further Detention of Certain Persons
Article 17.292. Magistrate's Order for Emergency Protection
Article 17.293. Delivery of Order for Emergency Protection to Other Persons
Article 17.294. Confidentiality of Certain Information in Order for Emergency Protection
Article 17.30. Shall Certify Proceedings
Article 17.31. Duty of Clerks Who Receive Such Proceedings
Article 17.32. In Case of No Arrest
Article 17.33. Request Setting of Bail
Article 17.34. Witnesses to Give Bond
Article 17.35. Security of Witness
Article 17.36. Effect of Witness Bond
Article 17.37. Witness May Be Committed
Article 17.38. Rules Applicable to All Cases of Bail
Article 17.39. Records of Bail
Article 17.40. Conditions Related to Victim or Community Safety
Article 17.41. Condition Where Child Alleged Victim
Article 17.42. Personal Bond Office
Article 17.43. Home Curfew and Electronic Monitoring as Condition
Article 17.44. Home Confinement, Electronic Monitoring, and Drug Testing as Condition
Article 17.441. Conditions Requiring Motor Vehicle Ignition Interlock
Article 17.45. Conditions Requiring AIDS and HIV Instruction
Article 17.46. Conditions for a Defendant Charged With Stalking
Article 17.47. Conditions Requiring Submission of Specimen
Article 17.48. Posttrial Actions
Article 17.49. Conditions for Defendant Charged With Offense Involving Family Violence
Article 17.51. Notice of Conditions
Article 17.52. Reporting of Conditions
Article 17.53. Procedures and Forms Related to Monetary Bond