By Kamel H.B. No. 92 74R580 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. Title 116, Revised Statutes, is amended by adding 1-6 Article 6701l-8 to read as follows: 1-7 Art. 6701l-8. IMPOUNDMENT OF MOTOR VEHICLE LICENSE PLATES. 1-8 (a)(1) In addition to any other punishment for an offense under 1-9 Section 49.04, Penal Code, the court shall impound the license 1-10 plates and the registration receipt for the motor vehicle being 1-11 driven or operated by the defendant at the time of the offense, if 1-12 the defendant was an owner of the vehicle at the time of the 1-13 offense and is an owner of the vehicle on the date of conviction. 1-14 (2) If the defendant was not an owner of the vehicle 1-15 being driven or operated by the defendant at the time of the 1-16 offense or if the defendant is not an owner of the vehicle on the 1-17 date of conviction, the court shall order the defendant to 1-18 surrender to the court the license plates and the registration 1-19 receipt for each motor vehicle of which the defendant is an owner 1-20 or a lessee on the date of conviction. 1-21 (b) The duration of an impoundment under Subsection (a) of 1-22 this article is: 1-23 (1) 10 days if the defendant is punished for the 1-24 offense under Section 49.04(b) or (c), Penal Code; 2-1 (2) 30 days if the defendant is punished for the 2-2 offense under Section 49.09(a), Penal Code; or 2-3 (3) 180 days if the defendant is punished for the 2-4 offense under Section 49.09(b), Penal Code. 2-5 (c) The court, on application of the defendant, may issue an 2-6 order to the tax collector of the county in which the court has 2-7 jurisdiction to deliver to a person named in the order a set of 2-8 special DWI license plates for the vehicle for which the license 2-9 plates are impounded under Subsection (a)(1) of this article, and 2-10 require the person to affix the license plates to the vehicle and 2-11 maintain them on the vehicle for the duration of the impoundment. 2-12 (d) The court may impose a cost of $15 against the defendant 2-13 for the administration of this article. 2-14 (e) The court shall require a cash deposit in an amount 2-15 equal to the cost of the special DWI license plates, to be refunded 2-16 when the DWI license plates are returned to the court. 2-17 (f) 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 (g) 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 Subsection (e) of this article. 3-7 (h) If, after impoundment of license plates and registration 3-8 receipt under this article, title to the vehicle is transferred by 3-9 foreclosure, sale on execution, cancellation of a conditional sales 3-10 contract, or judicial order, the court shall accept return of the 3-11 special DWI license plates and deliver the impounded license plates 3-12 and registration receipt to the new owner or transferee. 3-13 SECTION 2. Chapter 88, General Laws, Acts of the 41st 3-14 Legislature, 2nd Called Session, 1929 (Article 6675a-1 et seq., 3-15 Vernon's Texas Civil Statutes), is amended by adding Section 5q to 3-16 read as follows: 3-17 Sec. 5q. (a) The department shall design a special series 3-18 of DWI license plates for motor vehicles of persons convicted of an 3-19 offense under Section 49.04, Penal Code. 3-20 (b) The license plates shall be white letters and numerals 3-21 on a background of red, and the letters "DWI" shall appear as 3-22 either a prefix or a suffix to the numerals on the license plates. 3-23 (c) The department shall distribute license plates under 3-24 this section on application of a county tax collector on a form 3-25 designed and supplied by the department. 3-26 SECTION 3. The Texas Department of Transportation shall 3-27 monitor and evaluate the implementation and effects of the license 4-1 plate and registration receipt impoundment provisions of this Act 4-2 and shall submit a written report to the legislature by January 1, 4-3 1997, containing the department's findings and recommendations. 4-4 SECTION 4. (a) This Act takes effect September 1, 1995. 4-5 (b) The change in law made by this Act applies only to a 4-6 person convicted of an offense committed on or after the effective 4-7 date of this Act. For purposes of this section, an offense was 4-8 committed before the effective date of this Act if any element of 4-9 the offense occurred before the effective date. 4-10 (c) An offense committed before the effective date of this 4-11 Act is covered by the law in effect when the offense was committed, 4-12 and the former law is continued in effect for that purpose. 4-13 SECTION 5. The importance of this legislation and the 4-14 crowded condition of the calendars in both houses create an 4-15 emergency and an imperative public necessity that the 4-16 constitutional rule requiring bills to be read on three several 4-17 days in each house be suspended, and this rule is hereby suspended.