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.