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.