Sec. 521.2476. MINIMUM STANDARDS FOR VENDORS OF IGNITION INTERLOCK DEVICES. (a) The department by rule shall establish:
(1) minimum standards for vendors of ignition interlock devices who conduct business in this state; and
(2) procedures to ensure compliance with those standards, including procedures for the inspection of a vendor's facilities.
(b) The minimum standards shall require each vendor to:
(1) be authorized by the department to do business in this state;
(2) install a device only if the device is approved under Section 521.247;
(3) obtain liability insurance providing coverage for damages arising out of the operation or use of devices in amounts and under the terms specified by the department;
(4) install the device and activate any anticircumvention feature of the device within a reasonable time after the vendor receives notice that installation is ordered by a court;
(5) install and inspect the device in accordance with any applicable court order;
(6) repair or replace a device not later than 48 hours after receiving notice of a complaint regarding the operation of the device;
(7) submit a written report of any violation of a court order to that court and to the person's supervising officer, if any, not later than 48 hours after the vendor discovers the violation;
(8) maintain a record of each action taken by the vendor with respect to each device installed by the vendor, including each action taken as a result of an attempt to circumvent the device, until at least the fifth anniversary after the date of installation;
(9) make a copy of the record available for inspection by or send a copy of the record to any court, supervising officer, or the department on request; and
(10) annually provide to the department a written report of each service and ignition interlock device feature made available by the vendor.
(c) The department may revoke the department's authorization for a vendor to do business in this state if the vendor or an officer or employee of the vendor violates:
(1) any law of this state that applies to the vendor; or
(2) any rule adopted by the department under this section or another law that applies to the vendor.
(d) A vendor shall reimburse the department for the reasonable cost of conducting each inspection of the vendor's facilities under this section.
Added by Acts 1999, 76th Leg., ch. 1105, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.