House Bill No. 3294 introduces a new offense related to the provision of breath specimens for ignition interlock devices. The bill amends the Penal Code by adding Section 38.20, which defines the offense of requesting or allowing another person to provide a breath specimen for an ignition interlock device when the individual is restricted to operating a motor vehicle equipped with such a device. Specifically, it establishes that a person commits an offense if they operate the vehicle without providing their own breath specimen after allowing another to do so. Additionally, it criminalizes the act of intentionally providing a breath specimen for someone else’s ignition interlock device under similar circumstances.

The penalties for these offenses vary based on the circumstances. A violation of Subsection (b) is classified as a Class A misdemeanor, escalating to a third-degree felony for repeat offenders or those on bond for related offenses. Conversely, a violation of Subsection (c) is generally a Class C misdemeanor, but can be elevated to a Class A misdemeanor for repeat offenders. The bill is set to take effect on September 1, 2025.

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