By: Kamel H.B. No. 402
73R2781 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons convicted of the offense of driving while
1-3 intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 6701l-1, Revised Statutes, is amended by
1-6 adding Subsection (k) to read as follows:
1-7 (k)(1)(A) In addition to any other punishment under this
1-8 article, the court shall impound the license plates and the
1-9 registration receipt for the motor vehicle being driven or operated
1-10 by the defendant at the time of the offense, if the defendant was
1-11 an owner of the vehicle at the time of the offense and is an owner
1-12 of the vehicle on the date of conviction.
1-13 (B) If the defendant was not an owner of the
1-14 vehicle being driven or operated by the defendant at the time of
1-15 the offense or if the defendant is not an owner of the vehicle on
1-16 the date of conviction, the court shall order the defendant to
1-17 surrender to the court the license plates and the registration
1-18 receipt for each motor vehicle of which the defendant is an owner
1-19 or a lessee on the date of conviction.
1-20 (2) The duration of an impoundment under Subdivision
1-21 (1) of this subsection is:
1-22 (A) 10 days if the defendant is punished for an
1-23 offense under Subsection (c) of this article;
1-24 (B) 30 days if the defendant is punished for an
2-1 offense under Subsection (d) of this article; or
2-2 (C) 180 days if the defendant is punished for an
2-3 offense under Subsection (e) of this article.
2-4 (3) The court, on application of the defendant, may
2-5 issue an order to the tax collector of the county in which the
2-6 court has jurisdiction to deliver to a person named in the order a
2-7 set of special DWI license plates for the vehicle for which the
2-8 license plates are impounded under Subdivision (1) of this
2-9 subsection, and require the person to affix the license plates to
2-10 the vehicle and maintain them on the vehicle for the duration of
2-11 the impoundment.
2-12 (4) The court may impose a cost of $15 against the
2-13 defendant for the administration of this subsection.
2-14 (5) The court shall require a cash deposit in an
2-15 amount equal to the cost of the special DWI license plates, to be
2-16 refunded when the DWI license plates are returned to the court.
2-17 (6) The court shall notify the Texas Department of
2-18 Transportation, on a form designed and provided by the department,
2-19 that the license plates assigned to the defendant's vehicle have
2-20 been impounded and that the court has ordered the issuance of
2-21 special DWI license plates for the vehicle.
2-22 (7) An owner may not sell or transfer title to a motor
2-23 vehicle while the license plates and registration receipt for the
2-24 vehicle are impounded under this article or while the vehicle
2-25 displays special DWI license plates, except on application to the
2-26 court that impounded the license plates and registration receipt.
2-27 If the court is satisfied that the proposed sale or transfer would
3-1 be in good faith for valid consideration and would not be to
3-2 circumvent this article, and that the defendant will be deprived of
3-3 custody or control of the vehicle, the court shall approve the
3-4 transfer, accept the return of the special DWI license plates,
3-5 deliver the impounded license plates to the applicant, and return
3-6 any deposit imposed under Subdivision (5) of this subsection.
3-7 (8) If, after impoundment of license plates and
3-8 registration receipt under this article, title to the vehicle is
3-9 transferred by foreclosure, sale on execution, cancellation of a
3-10 conditional sales contract, or judicial order, the court shall
3-11 accept return of the special DWI license plates and deliver the
3-12 impounded license plates and registration receipt to the new owner
3-13 or transferee.
3-14 SECTION 2. Chapter 88, General Laws, Acts of the 41st
3-15 Legislature, 2nd Called Session, 1929 (Article 6675a-1 et seq.,
3-16 Vernon's Texas Civil Statutes), is amended by adding Section 5m to
3-17 read as follows:
3-18 Sec. 5m. (a) The department shall design a special series
3-19 of DWI license plates for motor vehicles of persons convicted of an
3-20 offense under Article 6701l-1, Revised Statutes.
3-21 (b) The license plates shall be white letters and numerals
3-22 on a background of red, and the letters "DWI" shall appear as
3-23 either a prefix or a suffix to the numerals on the license plates.
3-24 (c) The department shall distribute license plates under
3-25 this section on application of a county tax collector on a form
3-26 designed and supplied by the department.
3-27 SECTION 3. The Texas Department of Transportation shall
4-1 monitor and evaluate the implementation and effects of the license
4-2 plate and registration receipt impoundment provisions of this Act
4-3 and shall submit a written report to the legislature by January 1,
4-4 1995, containing the department's findings and recommendations.
4-5 SECTION 4. (a) This Act takes effect September 1, 1993.
4-6 (b) The change in law made by this Act applies only to a
4-7 person convicted of an offense committed on or after the effective
4-8 date of this Act. For purposes of this section, an offense was
4-9 committed before the effective date of this Act if any element of
4-10 the offense occurred before the effective date.
4-11 (c) An offense committed before the effective date of this
4-12 Act is covered by the law in effect when the offense was committed,
4-13 and the former law is continued in effect for that purpose.
4-14 SECTION 5. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.