TX HB3294

Creates a new criminal offense under Section 38.20 of the Texas Penal Code for persons required to use an ignition interlock device who request or allow another person to provide a breath specimen, then drive the vehicle without providing their own specimen

Makes it a separate offense for any person who intentionally or knowingly provides a breath specimen for someone else's ignition interlock device, knowing the restricted driver intends to operate the vehicle without providing their own specimen

Classifies the offense for the restricted driver as a Class A misdemeanor, elevated to a third-degree felony if the defendant has one prior intoxication manslaughter conviction, two prior DWI-related convictions, or was on bond/community supervision for certain serious intoxication offenses

Classifies the offense for the person providing the fraudulent breath specimen as a Class C misdemeanor, elevated to a Class A misdemeanor for repeat offenders

Takes effect September 1, 2025