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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 19BREATH ALCOHOL TESTING REGULATIONS
SUBCHAPTER BTEXAS IGNITION INTERLOCK DEVICE REGULATIONS
RULE §19.21Explanation of Terms and Actions

The following words and terms, when used in this subchapter, shall have the following meanings, unless indicated otherwise.

  (1) Alcohol--Ethyl alcohol, also called ethanol.

  (2) Alcohol concentration--The weight amount of alcohol contained in a unit volume of breath or air, measured in grams of ethanol/210 liters of breath or air and expressed as grams/210 liters.

  (3) Alveolar breath sample--The last portion of a prolonged, uninterrupted exhalation from which breath alcohol concentrations can be determined.

  (4) Anticircumvention feature(s)--Any feature or circuitry incorporated into the ignition interlock device that is designed to prevent human activity which would cause the device not to operate as intended.

  (5) Approval--Meeting and maintaining the requirements of these regulations for approval.

  (6) Appropriate judicial authority--Court orders or personnel of the Texas judicial system including but not limited to: the court or judge ordering the installation, adult probation or parole authorities, pretrial services authorities and occupational licensing authorities.

  (7) Bogus sample--Any sample other than the unaltered, undiluted, or unfiltered alveolar breath sample coming from the individual.

  (8) Breath alcohol analysis--The analysis of a sample of the person's expired alveolar breath to determine the alcohol concentration thereof.

  (9) Certification--Meeting and maintaining the requirements of these regulations for certification.

  (10) Certified IID inspector--An individual who meets the requirements in §19.29 of this title (relating to Ignition Interlock Device Inspector).

  (11) Certified service center--Any fixed site or mobile IID service center meeting and maintaining the requirements in §19.27 of this title (relating to Certification and Inspection of Service Centers).

  (12) Certified service representative--Any individual who has successfully completed the requirements in §19.28 of this title (relating to Service Representative and has received certification from the department to install, inspect, download, calibrate, repair, monitor, maintain, service and/or remove a specific ignition interlock device(s).

  (13) Costs--The nonrefundable original administrative fees plus any and all costs incurred by the department for testimony and/or approval, or reevaluation, of any device.

  (14) Data storage system--A computerized recording of all events monitored by the installed IID, which may be reproduced in the form of specific reports.

  (15) Department--The unmodified word department in these regulations refers to the Texas Department of Public Safety.

  (16) Device--An ignition interlock device.

  (17) Director--The chief executive officer of the department.

  (18) Emergency bypass--An event that permits the IID-equipped vehicle to be started without the requirement of passing the breath test.

  (19) Filtered samples--Any mechanism by which there is an attempt to remove alcohol from the human breath sample.

  (20) Fixed-site service center--A certified service center that is at a permanent location.

  (21) Free restart--The ability to start the engine again, within a reasonable time as approved by the department, without completion of another breath alcohol analysis.

  (22) IID--The common abbreviation for ignition interlock device.

  (23) Ignition interlock device--A device which measures an individual's breath alcohol concentration and prevents the motor vehicle from starting if the alcohol concentration meets or exceeds the startup set point.

  (24) Illegal start--The starting of an IID-equipped vehicle without the requisite breath test having been taken and passed.

  (25) Inactivation--The voluntary or temporary discontinuance of certification.

  (26) Interlock--The mechanism which prevents a motor vehicle from starting when the breath alcohol concentration of a person meets or exceeds a preset value.

  (27) Manufacturer--The actual producer of the device.

  (28) Manufacturer's representative--An individual or entity designated by the manufacturer to act on behalf of or represent the manufacturer of a device.

  (29) Mobile service center--Any IID facility that has the personnel and equipment capability to be in use separately and simultaneously with its parent fixed site service center, whether set up in a vehicle or temporarily set up at a site with a permanent foundation.

  (30) Negative result--A test result indicating that the alcohol concentration is less than the startup set point value.

  (31) Permanent lockout--A condition wherein the IID will not allow the vehicle to be started until a certified service representative completes a violation reset and restores the IID to a state that will allow the vehicle to be started.

  (32) Positive result--A test result indicating that the alcohol concentration meets or exceeds the startup set point value.

  (33) Proficiency test--A test administered by, and in the presence of, an IID inspector or designated representative of the department to establish and/or ascertain the competency of a service representative to install, inspect, download, calibrate, repair, monitor, maintain, service and/or remove a specific ignition interlock device(s).

  (34) Purge--Any mechanism which cleanses or removes a previous breath or reference sample from the device and specifically removes alcohol.

  (35) Reference sample device--A device containing a sample of known alcohol concentration.

  (36) Renewal of certification--Meeting the requirements of these regulations for renewing certification; for example, a representative renewing current certification, or a representative or inspector renewing certification after a period of inactivation or suspension, or a service center renewing certification after a period of inactivation, suspension or revocation.

  (37) Retest set point--An alcohol concentration determined by the department, which is the same as the startup set point, at which or above, during a rolling retest, the device will record in the data storage system the high alcohol result as a violation.

  (38) Revocation--The immediate cancellation of certification.

  (39) Rolling retest--A randomly required test subsequent to the initial test allowing the engine to start.

  (40) Rolling retest violation--The violation recorded in the data storage system when the rolling retest requirement is not met.

  (41) Startup set point--An alcohol concentration determined by the department at which, or above, the device will prevent the ignition of a motor vehicle from operating. That set point shall be an alcohol concentration of 0.030 g /210 liters of breath.

  (42) Suspension--The immediate cancellation or curtailment of certification.

  (43) Tampering--An overt or conscious attempt to physically disable, defeat, or otherwise disconnect the IID from its power source and thereby allow the operator to start the engine without taking and passing the requisite breath test.

  (44) Temporary lockout -A period of time during which the IID will not allow a breath sample to be delivered or the engine to be started.

  (45) Vendor--The manufacturer, the manufacturer's representative or the person or entity responsible for the day-to-day operations of an IID service center.

  (46) Violation--Any of several events including but not limited to high alcohol concentrations, illegal starts, and failures to present rolling retests.

  (47) Violation reset--An unscheduled service of the IID and download of the data storage system by the service center required because an accumulation of violations has reached a number predetermined by the department.

  (48) Violation set point--An alcohol concentration determined by the department at which, or above, the device will record the high alcohol result in the data storage system as a violation.

  (49) Withdrawal of approval--Cancellation of approval of an ignition interlock device or reference sample device; to wit, the device(s) not meeting or maintaining these regulations.


Source Note: The provisions of this §19.21 adopted to be effective June 29, 2000, 25 TexReg 6157; amended to be effective July 10, 2002, 27 TexReg 6049; amended to be effective March 26, 2006, 31 TexReg 2194

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