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.