Tex. Transp. Code Section 521.246
Ignition Interlock Device Requirement


Mentioned in

Findings from Criminal Justice Stakeholder Interviews in Select Texas Counties: an Ignition Interlock Utilization Analysis

Texas A&M Transportation Institute, January 1, 2023

“…staff interviewed a range of professional groups…in order to better understand how IIDs are used, as well as barriers stakeholders face in successfully implementing an interlock program…”
 
Bibliographic info

(a)

If the person’s license has been suspended after a conviction of an offense under Sections 49.04-49.08, Penal Code, the judge shall restrict the person to the operation of a motor vehicle equipped with an ignition interlock device.

(c)

The person shall obtain the ignition interlock device at the person’s own expense unless the court finds that to do so is not in the best interest of justice and enters that finding in the record. If the court determines that the person is unable to pay for the device, the court may impose a reasonable payment schedule for a term not to exceed twice the period of the court’s order.

(d)

The court shall order the ignition interlock device to remain installed for the duration of the period of suspension.

(e)

A person to whom this section applies may operate a motor vehicle without the installation of an approved ignition interlock device if:

(1)

the person is required to operate a motor vehicle in the course and scope of the person’s employment;

(2)

the vehicle is owned by the person’s employer;

(3)

the employer is not owned or controlled by the person whose driving privilege is restricted;

(4)

the employer is notified of the driving privilege restriction; and

(5)

proof of that notification is with the vehicle.

(f)

A previous conviction may not be used for purposes of restricting a person to the operation of a motor vehicle equipped with an interlock ignition device under this section if:

(1)

the previous conviction was a final conviction for an offense under Sections 49.04-49.08, Penal Code, and was for an offense committed more than 10 years before the instant offense for which the person was convicted; and

(2)

the person has not been convicted of an offense under Sections 49.04-49.08 of that code committed within 10 years before the date on which the instant offense for which the person was convicted.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.84(a), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1105, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1067 (H.B. 2246), Sec. 6, eff. September 1, 2015.

Source: Section 521.246 — Ignition Interlock Device Requirement, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­521.­htm#521.­246.

521.001
Definitions
521.002
Convenience to Public
521.003
Enrollment and Attendance Verification
521.004
Penal Code References
521.005
Rulemaking Authority
521.006
Advertising in Driver’s Handbook and Driver’s License Mailings
521.007
Temporary Visitor Stations
521.008
Voluntary Contribution to Donor Registry
521.009
Program Regarding the Provision of Renewal and Duplicate Driver’s License and Other Identification Certificate Services
521.010
Voluntary Contribution to Fund for Veterans’ Assistance
521.011
Services Information for Veterans
521.012
Voluntary Contribution for Evidence Testing Grant Program
521.013
Voluntary Contribution for Trafficked Persons Program Account
521.0015
Statutory References
521.021
License Required
521.022
Restrictions on Operators of Certain School Buses
521.023
Junior College Buses
521.024
Restrictions on Certain Common Carriers
521.025
License to Be Carried and Exhibited on Demand
521.026
Dismissal of Expired License Charge
521.027
Persons Exempt from License Requirement
521.028
Effect of Military Service on License Requirement
521.029
Operation of Motor Vehicle by New State Residents
521.030
Reciprocal License
521.031
License from Other Authority
521.032
Enhanced Driver’s License or Personal Identification Certificate
521.041
Application Records
521.042
Accident and Conviction Reports
521.043
Elimination of Certain Unnecessary Records
521.044
Use or Disclosure of Social Security Number Information
521.045
Disclosure of Certain Information Relating to Individual Operator
521.046
Disclosure of Accident and Conviction Information
521.047
Disclosure of Information to License Holder
521.048
Certified Information
521.049
Information Supplied to Certain Governmental Entities
521.050
Sale of License Information
521.051
Disclosure of Certain Information Prohibited
521.052
Disclosure of Individual Information Prohibited
521.053
Commercial Driver’s License Information
521.054
Notice of Change of Address or Name
521.055
Establishment of Interactive System
521.056
National Driver Register
521.057
Information Regarding Certain Sex Offenders
521.058
Disposition of Fees
521.059
Image Verification System
521.060
Emergency Contact and Medical Information Databases
521.061
Internal Verification System
521.0061
Advertising Inside Driver’s License Offices
521.062
Driver Record Monitoring Pilot Program
521.0062
Information on Driving with Autism
521.063
Mailing Address Verification System
521.0063
Information on Bone Marrow Donation
521.081
Class a License
521.082
Class B License
521.083
Class C License
521.084
Class M License
521.085
Type of Vehicle Authorized
521.101
Personal Identification Certificate
521.102
Designator on Personal Identification Certificate Issued to Veteran
521.103
Expiration and Renewal Requirements for Certain Sex Offenders
521.104
Renewal by Mail or Electronic Means
521.121
General Information on Driver’s License
521.122
Type of Vehicle Required to Be Indicated on License
521.124
Temporary License
521.125
Medical and Emergency Information on License
521.126
Electronically Readable Information
521.127
Use of Diacritical Marks
521.141
General Application Requirements
521.142
Application for Original License
521.143
Evidence of Financial Responsibility Required
521.144
Application by New State Resident
521.146
Application for Duplicate License or Certificate
521.147
Registration with Selective Service System
521.148
Application for Class M License or Authorization to Operate Motorcycle
521.161
Examination of License Applicants
521.162
Alternate Examination in Spanish
521.163
Reexamination
521.164
Exemption from Certain Examination Requirements for Licensed Nonresidents
521.165
Testing by Other Entities
521.166
Motorcycle Road Test Requirements
521.167
Waiver of Certain Education and Examination Requirements
521.168
Payment of Fees for Certain Foster and Homeless Children and Youths
521.181
Issuance of Driver’s License
521.182
Surrender of License Issued by Other Jurisdiction
521.183
Surrender of Driver’s License or Personal Identification Certificate
521.201
License Ineligibility in General
521.202
Ineligibility for License Based on Certain Convictions
521.203
Restrictions on Class a and B Licenses
521.204
Restrictions on Minor
521.206
Collision Rate Statistics Publication
521.221
Imposition of Special Restrictions and Endorsements
521.222
Learner License
521.223
Hardship License
521.224
Restricted Class M License
521.241
Definitions
521.242
Petition
521.243
Notice to State
521.244
Hearing
521.245
Required Counseling
521.246
Ignition Interlock Device Requirement
521.247
Approval of Ignition Interlock Devices by Department
521.248
Order Requirements
521.249
Notice to Department
521.250
Court Order in Operator’s Possession
521.251
Effective Date of Occupational License
521.252
License Revocation
521.253
Criminal Penalty
521.271
License Expiration
521.272
Renewal of License Issued to Certain Sex Offenders
521.273
Renewal Examinations
521.274
Renewal by Mail or Electronic Means
521.275
Change of Driver’s License or Personal Identification Certificate Number
521.291
Rules
521.292
Department’s Determination for License Suspension
521.294
Department’s Determination for License Revocation
521.295
Notice of Department’s Determination
521.296
Notice of Suspension or Revocation
521.297
Suspension, Revocation, or Disqualification Effective Date
521.298
Hearing Request
521.299
Hearing Date
521.300
Hearing: Location
521.301
Issue at Hearing
521.302
Failure to Appear
521.303
Continuance
521.304
Cancellation of Minor’s License on Cosigner’s Request
521.0305
Agreements with Foreign Countries
521.305
Cancellation of Minor’s License on Death of Cosigner
521.306
Effect of Conduct in Other Jurisdiction
521.307
Suspension of Certain Provisional Licenses
521.308
Appeal
521.309
Probation of Suspension
521.310
Probation Violation
521.311
Effective Date of Order
521.312
Period of Suspension or Revocation
521.313
Reinstatement and Reissuance
521.314
Cancellation Authority
521.315
Surrender of License
521.316
Suspended Foreign License
521.317
Denial of License Renewal After Warning
521.318
Nonresidents
521.319
Revocation for Medical Reasons
521.320
Suspension for Certain Criminal Mischief
521.341
Requirements for Automatic License Suspension
521.343
Period of Suspension
521.344
Suspension for Offenses Involving Intoxication
521.345
Suspension on Order of Juvenile Court or on Order of Court Based on Alcoholic Beverage Violation by Minor
521.346
Suspension on Conviction of Certain Fraudulent Activities
521.347
Reports
521.348
Automatic Revocation for Certain Sex Offenders
521.349
Acquiring Motor Fuel Without Payment: Automatic Suspension
521.350
Suspension for Offense Relating to Racing of Motor Vehicle on Public Highway or Street
521.351
Purchase of Alcohol for Minor or Furnishing Alcohol to Minor: Automatic Suspension
521.371
Definitions
521.372
Suspension or License Denial
521.373
Reinstatement Requirements
521.374
Educational Program or Equivalent Education
521.375
Joint Adoption of Rules
521.376
Duties of Texas Department of Licensing and Regulation and Department of State Health Services
521.377
License Reinstatement
521.401
Statement of Gift
521.402
Revocation of Statement of Gift
521.421
License Fees
521.422
Personal Identification Certificate Fee
521.424
Duplicate License or Certificate Fee
521.425
Remittance of Fees and Charges
521.426
Disabled Veteran Exemption
521.427
Disposition of Fees
521.428
County or Municipal Fee
521.0445
Notice Regarding Suspension of License for Nonpayment of Child Support
521.451
General Violation
521.452
Alias Driver’s License for Law Enforcement Purposes
521.453
Fictitious License or Certificate
521.454
False Application
521.455
Use of Illegal License or Certificate
521.456
Delivery or Manufacture of Counterfeit Instrument
521.457
Driving While License Invalid
521.458
Permitting Unauthorized Person to Drive
521.459
Employment of Unlicensed Driver
521.460
Motor Vehicle Rentals
521.461
General Criminal Penalty
521.0475
Disclosure of Abstract Record
521.0485
Requests for Information by Mail or Electronic Means
521.1015
Personal Identification Certificate Issued to Foster Child or Youth or Homeless Child or Youth
521.1016
Personal Identification Certificate Issued to Victims and Children of Victims of Dating or Family Violence
521.1211
Driver’s License for Peace Officers and Prosecutors
521.1235
Designator on License Issued to Veteran
521.1421
Inmate Identification Verification Pilot Program
521.1425
Information Required to Be Furnished to Department
521.1426
Domicile Requirement
521.1427
Post Office Box Not Valid as Address
521.1601
Driver Education Required
521.1655
Testing by Driver Education School and Certain Driver Education Course Providers
521.1811
Waiver of Fees for Foster Child or Youth, Homeless Child or Youth, or Victim or Child of Victim of Dating or Family Violence
521.1812
Waiver of Certain Fees for Certain Applicants Who Hold Cardiopulmonary Resuscitation Certification
521.2461
Testing for Alcohol or Controlled Substances
521.2462
Supervision of Person Issued Occupational Driver’s License
521.2465
Restricted License
521.2475
Ignition Interlock Device Evaluation
521.2476
Minimum Standards for Vendors of Ignition Interlock Devices
521.3451
Suspension or Denial on Order of Justice or Municipal Court for Contempt of Court
521.3452
Procedure in Cases Involving Minors
521.3465
Automatic Suspension on Conviction of Certain Offenses Involving Fictitious Motor Vehicle License Plates, Registration Insignia, or Vehicle Inspection Reports
521.3466
Automatic Revocation for Offense Involving Certain Fraudulent Governmental Records
521.4265
Identification Fee Exemption Account
521.4565
Conspiring to Manufacture Counterfeit License or Certificate
Last Updated

6 days ago
(September 19, 2023)

§ 521.246’s source at texas​.gov