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)

Subject to Subsection (b-1), the judge shall restrict the person to the operation of a motor vehicle equipped with an ignition interlock device if:

(1)

the person is currently under an order restricting the person to the operation of a motor vehicle equipped with an ignition interlock device, including an order imposed as a condition of bond; or

(2)

the person’s license has been suspended, revoked, or canceled after a conviction for an offense under Sections 49.04-49.08, Penal Code.

(b)

On a finding of good cause, the judge may restrict the person to the operation of a motor vehicle equipped with an ignition interlock device in a case not described by Subsection (a).

(b-1)

The court may waive the ignition interlock device requirement under Subsection (a) if the court finds the requirement is not necessary for the safety of the community and the waiver is in the best interest of justice.

(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, unless the court finds:

(1)

good cause for the removal of the device; and

(2)

the device is not necessary for the safety of the community.

(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.
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.
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.

Source: Section 521.246 — Ignition Interlock Device Requirement, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­521.­htm#521.­246 (accessed Jun. 5, 2024).

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 Contributions 521.009
Program Regarding the Provision of Renewal and Duplicate Driver’s License and Other Identification Certificate Services 521.011
Services Information for Veterans 521.013
Voluntary Contribution for Trafficked Persons Program Account 521.0015
Statutory References 521.015
Voluntary Contribution to Support Adoption 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
Collision 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 Collision 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 521.0061
Advertising Inside Driver’s License Offices 521.061
Internal Verification System 521.0062
Information on Driving with Autism 521.062
Driver Record Monitoring Pilot Program 521.0063
Information on Bone Marrow Donation 521.063
Mailing Address Verification System 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 521.125
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
Eligibility 521.243
Notice to State 521.244
Determination of Essential Need 521.245
Required Alcohol Dependence Counseling 521.246
Ignition Interlock Device Requirement 521.247
Approval of Ignition Interlock Devices by Department 521.248
Order Granting License 521.249
Notice to Department 521.250
Court Order in Operator’s Possession 521.252
License Revocation 521.253
Criminal Offense 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, Health and Human Services Commission, and Texas Department of Criminal Justice 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 521.1251
Optional Health Condition or Disability Designation 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 521.2421
Petition 521.2422
Court Costs 521.2423
Forms 521.2424
Commercial Motor Vehicles 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 521.246’s source at texas​.gov