By Duncan, Allen, Carter H.B. No. 1572
74R1393 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil and criminal consequences of an offense
1-3 involving driving, boating, or flying while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 49.09(a), Penal Code, is amended to read
1-6 as follows:
1-7 (a) If it is shown on the trial of an offense under Section
1-8 49.04, 49.05, or 49.06 that the person has previously been
1-9 convicted one time of an offense relating to the driving or
1-10 operating of a motor vehicle while intoxicated, an offense of
1-11 operating an aircraft while intoxicated, or an offense of operating
1-12 a watercraft while intoxicated, the offense is a Class A
1-13 misdemeanor, with a minimum term of continuous confinement of 90
1-14 <15> days.
1-15 SECTION 2. Article 17.03, Code of Criminal Procedure, is
1-16 amended by amending Subsection (c) and adding Subsection (c-1) to
1-17 read as follows:
1-18 (c) When setting a personal bond under this chapter, on
1-19 reasonable belief by the investigating or arresting law enforcement
1-20 agent or magistrate of the presence of a controlled substance in
1-21 the defendant's body or on the finding of drug or alcohol abuse
1-22 related to the offense for which the defendant is charged, the
1-23 court or a magistrate shall require as a condition of personal
1-24 bond, if the condition will serve to reasonably assure the
2-1 appearance of the defendant for trial, that the defendant:
2-2 (1) submit to testing for alcohol or a controlled
2-3 substance in the defendant's body and participate in an alcohol or
2-4 drug abuse treatment or education program;
2-5 (2) have installed, at the defendant's expense, on the
2-6 motor vehicle owned by the defendant or on the vehicle most
2-7 regularly driven by the defendant, a device that uses a deep-lung
2-8 breath analysis mechanism to make impractical the operation of a
2-9 motor vehicle if ethyl alcohol is detected in the breath of the
2-10 operator, and not operate any motor vehicle unless the vehicle is
2-11 equipped with that device; or
2-12 (3) comply with the requirements of both Subdivisions
2-13 (1) and (2) <if such a condition will serve to reasonably assure
2-14 the appearance of the defendant for trial>.
2-15 (c-1) If under Subsection (c) the defendant is required to
2-16 have the device installed, the court or magistrate:
2-17 (1) shall require that the defendant have the device
2-18 installed on the appropriate motor vehicle, at the defendant's
2-19 expense, before the 30th day after the date the defendant is
2-20 released on personal bond; and
2-21 (2) may designate an appropriate agency to verify the
2-22 installation of the device and to monitor the device.
2-23 SECTION 3. Chapter 17, Code of Criminal Procedure, is
2-24 amended by adding Article 17.441 to read as follows:
2-25 Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION
2-26 INTERLOCK. (a) Except as provided by Subsection (b), a magistrate
2-27 may require on release that a defendant charged with a first
3-1 offense under Sections 49.04-49.06, Penal Code, and shall require
3-2 on release that a defendant charged with a subsequent offense under
3-3 Sections 49.04-49.06, Penal Code, or an offense under Section 49.07
3-4 or 49.08 of that code:
3-5 (1) have installed on the motor vehicle owned by the
3-6 defendant or on the vehicle most regularly driven by the defendant,
3-7 a device that uses a deep-lung breath analysis mechanism to make
3-8 impractical the operation of a motor vehicle if ethyl alcohol is
3-9 detected in the breath of the operator; and
3-10 (2) not operate any motor vehicle unless the vehicle
3-11 is equipped with that device.
3-12 (b) The magistrate may not require the installation of the
3-13 device if the magistrate:
3-14 (1) finds that to require the device would not be in
3-15 the best interest of justice; and
3-16 (2) enters that finding in the record.
3-17 (c) If the defendant is required to have the device
3-18 installed, the magistrate shall require that the defendant have the
3-19 device installed on the appropriate motor vehicle, at the
3-20 defendant's expense, before the 30th day after the date the
3-21 defendant is released on bond.
3-22 (d) The magistrate may designate an appropriate agency to
3-23 verify the installation of the device and to monitor the device.
3-24 SECTION 4. Section 13(g), Article 42.12, Code of Criminal
3-25 Procedure, is amended to read as follows:
3-26 (g) A jury that recommends community supervision for a
3-27 person convicted of an offense under Sections 49.04-49.08, Penal
4-1 Code, may recommend that any driver's license issued to the
4-2 defendant under Chapter 173, Acts of the 47th Legislature, Regular
4-3 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), not
4-4 be suspended <only if the defendant was 21 years of age or older at
4-5 the time of the commission of the offense>.
4-6 SECTION 5. Section 13(i), Article 42.12, Code of Criminal
4-7 Procedure, as amended by Chapters 662 and 900, Acts of the 73rd
4-8 Legislature, Regular Session, 1993, is revised and amended to read
4-9 as follows:
4-10 (i) If a person convicted of an offense under Sections
4-11 49.04-49.08, Penal Code, <and punished under Subsection (c) or (d)
4-12 of that article, or of a first or second offense under Section
4-13 19.05(a)(2), Penal Code,> is placed on community supervision, the
4-14 court may require as a condition of community supervision that the
4-15 defendant have a device installed, on the motor vehicle owned by
4-16 the defendant or on the vehicle most regularly driven by the
4-17 defendant, <not operate a motor vehicle unless the vehicle is
4-18 equipped with a device> that uses a deep-lung breath analysis
4-19 mechanism to make impractical the operation of the motor vehicle if
4-20 ethyl alcohol is detected in the breath of the operator and that
4-21 the defendant not operate any motor vehicle that is not equipped
4-22 with that device. If the person is convicted of an offense under
4-23 Sections 49.04-49.06 <Section 49.04>, Penal Code, and punished
4-24 under Section 49.09(a) or (b), Penal Code <Subsection (e) of that
4-25 article>, or of a second <third> or subsequent offense under
4-26 Section 49.07 or 49.08, Penal Code, and the person after conviction
4-27 of either offense is placed on community supervision, the court
5-1 shall require as a condition of community supervision that the
5-2 defendant have the device installed on the appropriate vehicle and
5-3 that the defendant not operate any <a> motor vehicle unless the
5-4 vehicle is equipped with that device. Before placing on community
5-5 supervision a person convicted of an offense under Sections
5-6 49.04-49.08 <Section 49.04 or 49.08>, Penal Code, the court shall
5-7 determine from criminal history record information maintained by
5-8 the Department of Public Safety whether the person has one <two> or
5-9 more previous convictions under Sections 49.04-49.08, Penal Code,
5-10 <that article or that section> or has one previous conviction under
5-11 Sections 49.04-49.07, Penal Code, or <that article and> one
5-12 previous conviction under Section 49.08, Penal Code <that section>.
5-13 If the court determines that the person has one <two> or more such
5-14 previous convictions, the court shall require as a condition of
5-15 community supervision that the defendant have that device installed
5-16 on the motor vehicle owned by the defendant or on the vehicle most
5-17 regularly driven by the defendant and that the defendant not
5-18 operate any <a> motor vehicle unless the vehicle is equipped with
5-19 the device described in this subsection. The court shall require
5-20 the defendant to obtain the device at the defendant's <his> own
5-21 cost before the 30th day after the date of conviction unless the
5-22 court finds that to do so would not be in the best interest of
5-23 justice and enters its findings on record. The court shall require
5-24 the defendant to provide evidence to the court within the 30-day
5-25 period that the device has been installed on the appropriate
5-26 vehicle and order the device to remain installed on that vehicle
5-27 for a period not less than 50 percent of the supervision period.
6-1 If the court determines the offender is unable to pay for the
6-2 device, the court may impose a reasonable payment schedule not to
6-3 exceed twice the period of the court's order. The Department of
6-4 Public Safety shall approve devices for use under this subsection.
6-5 The provisions of Section 23A(f), Chapter 173, Acts of the 47th
6-6 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
6-7 Civil Statutes), apply to the approval of a device under this
6-8 subsection and the consequences of that approval. Notwithstanding
6-9 the provisions of this section, if a person is required to operate
6-10 a motor vehicle in the course and scope of the person's employment
6-11 and if the vehicle is owned by the employer, the person may operate
6-12 that vehicle without installation of an approved ignition interlock
6-13 device if the employer has been notified of that driving privilege
6-14 restriction and if proof of that notification is with the vehicle.
6-15 This employment exemption does not apply, however, if the business
6-16 entity that owns the vehicle is owned or controlled by the person
6-17 whose driving privilege has been restricted.
6-18 SECTION 6. Section 13(j), Article 42.12, Code of Criminal
6-19 Procedure, as amended by Chapters 796 and 900, Acts of the 73rd
6-20 Legislature, 1993, is amended to read as follows:
6-21 (j) The judge shall require a defendant who is punished
6-22 under Section 49.09, Penal Code, as a condition of community
6-23 supervision, to attend and successfully complete<, before the end
6-24 of the defendant's period of driver's license suspension,> an
6-25 educational program for repeat offenders approved by the Texas
6-26 Commission on Alcohol and Drug Abuse. The Texas Commission on
6-27 Alcohol and Drug Abuse shall adopt rules and shall monitor,
7-1 coordinate, and provide training to persons providing the
7-2 educational programs. The Texas Commission on Alcohol and Drug
7-3 Abuse is responsible for the administration of the certification of
7-4 approved educational programs. The judge may waive the educational
7-5 program requirement only if the defendant by a motion in writing
7-6 shows good cause. In determining good cause, the judge may
7-7 consider the defendant's school and work schedule, the defendant's
7-8 health, the distance that the defendant must travel to attend an
7-9 educational program, and whether the defendant resides out of state
7-10 or does not have access to transportation. The judge shall set out
7-11 the finding of good cause in the judgment. If a defendant is
7-12 required, as a condition of community supervision, to attend an
7-13 educational program, the court clerk shall immediately report that
7-14 fact to the Department of Public Safety, on a form prescribed by
7-15 the department, for inclusion in the defendant's driving record.
7-16 The report must include the beginning date of the defendant's
7-17 community supervision. On the successful completion of the
7-18 educational program for repeat offenders, the defendant shall give
7-19 notice to the community supervision and corrections department.
7-20 The community supervision and corrections department shall then
7-21 forward the notice to the court clerk. The court clerk shall then
7-22 report the date of successful completion of the educational program
7-23 to the Department of Public Safety for inclusion in the defendant's
7-24 driving record. If the Department of Public Safety does not
7-25 receive notice that a defendant required to complete an educational
7-26 program has successfully completed the program for repeat offenders
7-27 within the period required by the judge <this section>, as shown on
8-1 department records, the department shall revoke <continue the
8-2 suspension of> the defendant's driver's license, permit, or
8-3 privilege or prohibit the defendant from obtaining a license or
8-4 permit, as provided by Section 24(g)(2), Chapter 173, Acts of the
8-5 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
8-6 Texas Civil Statutes).
8-7 SECTION 7. Sections 13(k) and (l), Article 42.12, Code of
8-8 Criminal Procedure, are amended to read as follows:
8-9 (k)(1) Except as provided by Subdivision (2) of this
8-10 subsection, notwithstanding <Notwithstanding> Section 24(g),
8-11 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
8-12 (Article 6687b, Vernon's Texas Civil Statutes), if the judge, under
8-13 Subsection (h) or (j) of this section, permits or requires a
8-14 defendant punished under Section 49.09, Penal Code, to attend an
8-15 educational program as a condition of community supervision, or
8-16 waives the required attendance for such a program, and the
8-17 defendant has previously been required to attend such a program, or
8-18 the required attendance at the program had been waived, the judge
8-19 nonetheless shall order the suspension of the driver's license,
8-20 permit, or operating privilege of that person for a period
8-21 determined by the judge according to the following schedule:
8-22 (A) <(1)> not less than 90 days or more than 365
8-23 days, if the defendant is convicted under Sections 49.04-49.08,
8-24 Penal Code; or
8-25 (B) <(2)> not less than 180 days or more than
8-26 two years, if the defendant is punished under Section 49.09, Penal
8-27 Code.
9-1 (2) Subdivision (1) of this subsection does not apply
9-2 to a defendant placed on community supervision and required as a
9-3 condition of community supervision to not operate a motor vehicle
9-4 unless the vehicle is equipped with the device described by
9-5 Subsection (i) of this section.
9-6 (l)(1) Except as provided by Subdivision (2) of this
9-7 subsection, if <If> the Department of Public Safety receives
9-8 notice that a defendant has been required or permitted to attend a
9-9 subsequent educational program under Subsection (h), (j), or (k) of
9-10 this section, although the previously required attendance had been
9-11 waived, but the judge has not ordered a period of suspension, the
9-12 department shall suspend the defendant's driver's license, permit,
9-13 or operating privilege, or shall issue an order prohibiting the
9-14 defendant from obtaining a license or permit for a period of 365
9-15 days.
9-16 (2) Subdivision (1) of this subsection does not apply
9-17 to a defendant placed on community supervision and required as a
9-18 condition of community supervision to not operate a motor vehicle
9-19 unless the vehicle is equipped with the device described by
9-20 Subsection (i) of this section.
9-21 SECTION 8. Section 23A(f), Chapter 173, Acts of the 47th
9-22 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
9-23 Civil Statutes), is amended to read as follows:
9-24 (f) The judge hearing the petition shall enter an order
9-25 either finding that no essential need exists for the operation of a
9-26 motor vehicle or enter an order finding an essential need for
9-27 operating a motor vehicle. In the event the judge enters the order
10-1 finding an essential need, he shall also, as part of the order,
10-2 determine the actual need of the petitioner in operating a motor
10-3 vehicle. The order shall require the petitioner to give proof of a
10-4 valid policy of automobile liability insurance in accordance with
10-5 the Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
10-6 Vernon's Texas Civil Statutes). If the person's license has been
10-7 suspended following a conviction under Section 19.05(a)(2), Penal
10-8 Code, as that law existed before September 1, 1994, or Sections
10-9 49.04-49.08 of that code <but only on conviction of a second or
10-10 subsequent offense under that section>, the order may <shall>
10-11 restrict the person to the operation of a motor vehicle equipped
10-12 with a device that uses a deep-lung breath analysis mechanism to
10-13 make impractical the operation of the motor vehicle if ethyl
10-14 alcohol is detected in the breath of the restricted operator. If
10-15 the person's license has been suspended following a conviction of
10-16 an offense under Article 6701l-1, Revised Statutes, for which the
10-17 person has been punished under Subsection (e) of that article, as
10-18 that article existed before September 1, 1994, or a second or
10-19 subsequent offense under Section 19.05(a)(2), Penal Code, as that
10-20 section existed before September 1, 1994, or under Sections
10-21 49.04-49.08 of that code, the order shall restrict the person to
10-22 the operation of a motor vehicle equipped with that device. If the
10-23 person's license has been suspended following a conviction of an
10-24 offense under Article 6701l-1, Revised Statutes, or Section
10-25 19.05(a)(2), Penal Code, as those laws existed before September 1,
10-26 1994, or under Sections 49.04-49.08 of that code, before entering
10-27 the order, the judge shall determine from criminal history record
11-1 information maintained by the Department of Public Safety whether
11-2 the person has two or more previous convictions under that article
11-3 or those sections <that section> or has one previous conviction
11-4 under that article and one previous conviction under those sections
11-5 <that section>. If the judge determines that the person has two or
11-6 more such previous convictions, as part of the order the judge
11-7 shall require that the petitioner not operate a motor vehicle
11-8 unless the vehicle is equipped with the device described in this
11-9 subsection. The defendant shall obtain the device at his own cost
11-10 unless the court finds that to do so would not be in the best
11-11 interest of justice and enters its findings on record. The court
11-12 shall order the device to remain installed on that vehicle for a
11-13 period not less than 50 percent of the supervision period. If the
11-14 court determines the offender is unable to pay for the device, the
11-15 court may impose a reasonable payment schedule not to exceed twice
11-16 the period of the court's order. Notwithstanding the provisions of
11-17 this section, if a person is required to operate a motor vehicle in
11-18 the course and scope of the person's employment and if the vehicle
11-19 is owned by the employer, the person may operate that vehicle
11-20 without installation of an approved ignition interlock device if
11-21 the employer has been notified of such driving privilege
11-22 restriction and if proof of that notification is with the vehicle.
11-23 This employment exemption does not apply, however, if the business
11-24 entity that owns the vehicle is owned or controlled by the person
11-25 whose driving privilege has been restricted. The order shall be
11-26 definite as to hours of the day, days of the week, specific reasons
11-27 for travel, and areas or routes of travel to be permitted, except
12-1 that the petitioner shall not be allowed to operate a motor vehicle
12-2 more than four (4) hours in any twenty-four (24) consecutive hours.
12-3 On a proper showing of necessity, however, the court may waive the
12-4 four-hour restriction and allow the petitioner to operate a motor
12-5 vehicle for any period determined by the court that does not exceed
12-6 twelve (12) hours in any twenty-four (24) consecutive hours. When
12-7 a person's license is suspended under Article 6687b-1, Revised
12-8 Statutes, or Chapter 434, Acts of the 61st Legislature, Regular
12-9 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), and
12-10 the person has not had a prior suspension arising from an
12-11 alcohol-related or drug-related enforcement contact, as defined in
12-12 Article 6687b-1, Revised Statutes, in the five years immediately
12-13 preceding the date of the person's arrest, an order under this
12-14 section granting the person an occupational license to meet an
12-15 essential need shall be immediately effective. Provided, that the
12-16 court shall order the petitioner to comply with the alcohol
12-17 counselling and rehabilitation program requirements contained in
12-18 Subsection (g) of this section. If the person's driver's license
12-19 has been suspended as a result of an alcohol-related or
12-20 drug-related enforcement contact, as defined in Section 1(2)(B) or
12-21 (C), Article 6687b-1, Revised Statutes, in the five years
12-22 immediately preceding the date of the person's arrest, the order
12-23 may not be effective before 90 days after the effective date of the
12-24 suspension. If the person's driver's license has been suspended as
12-25 a result of a conviction under Article 6701l-1, Revised Statutes,
12-26 or under Section 19.05(a)(2), Penal Code, as those laws existed
12-27 before September 1, 1994, or under Sections 49.04-49.08 of that
13-1 code in the five years immediately preceding the date of the
13-2 person's arrest, the order may not be effective before 180 days
13-3 after the effective date of the suspension. An order entered by
13-4 the court shall extend until the end of the period of the
13-5 suspension. A certified copy of the petition and the court order
13-6 setting out the judge's finding and the restrictions shall be
13-7 forwarded to the Department. The petitioner may use a copy of the
13-8 court order as a restricted license for thirty (30) days after the
13-9 date the order is effective. The Department of Public Safety shall
13-10 promulgate rules and regulations for the approval of models and
13-11 classes of devices used under this subsection and Section 25(a) of
13-12 this Act. The Department by rule shall establish standards for the
13-13 calibration and maintenance of devices, but the calibration and
13-14 maintenance of each individual device is the responsibility of the
13-15 manufacturer of that device or an authorized representative of the
13-16 manufacturer. If the Department approves a device, the Department
13-17 shall notify the manufacturer in writing of that fact. Written
13-18 notice from the Department to a manufacturer approving a device is
13-19 admissible in any civil or criminal proceeding in this state. The
13-20 manufacturer shall reimburse the Department for any cost incurred
13-21 by the Department in approving a device under this subsection. The
13-22 Department may not be held liable in a civil or criminal proceeding
13-23 arising out of the use of a device approved under this subsection.
13-24 SECTION 9. Section 24(a-1), Chapter 173, Acts of the 47th
13-25 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
13-26 Civil Statutes), is amended to read as follows:
13-27 (a-1) Except as provided by Subsection (g) of this section,
14-1 the <The> license of any person who was younger than 21 years of
14-2 age at the time of the offense, other than a misdemeanor punishable
14-3 by fine only, shall be automatically suspended on conviction of:
14-4 (1) an offense under Article 6701l-1, Revised
14-5 Statutes, as that law existed before September 1, 1994, or under
14-6 Section 49.04, Penal Code, committed as a result of the
14-7 introduction of alcohol into the body;
14-8 (2) an offense under the Alcoholic Beverage Code
14-9 involving the manufacture, delivery, possession, transportation, or
14-10 use of an alcoholic beverage;
14-11 (3) a misdemeanor offense under Chapter 481, Health
14-12 and Safety Code (Texas Controlled Substances Act), for which
14-13 Section 24B of this Act does not require the automatic suspension
14-14 of the license of the person;
14-15 (4) an offense under Chapter 483, Health and Safety
14-16 Code, involving the manufacture, delivery, possession,
14-17 transportation, or use of a dangerous drug; or
14-18 (5) an offense under Chapter 484, Health and Safety
14-19 Code, involving the manufacture, delivery, possession,
14-20 transportation, or use of a volatile chemical.
14-21 SECTION 10. Section 24(g)(1), Chapter 173, Acts of the 47th
14-22 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
14-23 Civil Statutes), is amended to read as follows:
14-24 (1) Except as provided by Subdivision (2) of this
14-25 subsection and Subsection (j) of this section, the Department may
14-26 not, during the period of probation, revoke the driver's license,
14-27 permit, or resident or nonresident privilege to operate a motor
15-1 vehicle of a person if the person is required under Section 13(h)
15-2 or (j), Article 42.12, Code of Criminal Procedure, to attend and
15-3 successfully complete an educational program designed to
15-4 rehabilitate persons who have driven while intoxicated. The
15-5 Department also may not revoke the driver's license, permit, or
15-6 nonresident operating privilege of a person:
15-7 (A) for whom the jury has recommended, under
15-8 Section 13(g), Article 42.12, Code of Criminal Procedure, no
15-9 revocation; or
15-10 (B) placed on community supervision under that
15-11 article and required as a condition of community supervision to not
15-12 operate a motor vehicle unless the vehicle is equipped with the
15-13 device described by Subsection (i) of that section.
15-14 SECTION 11. Section 24(j), Chapter 173, Acts of the 47th
15-15 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
15-16 Civil Statutes), is amended to read as follows:
15-17 (j) The Department shall suspend the license of a person who
15-18 is younger than 21 years of age and is convicted of an offense
15-19 under Section 19.05(a)(2), Penal Code, or Article 6701l-1, Revised
15-20 Statutes, as those laws existed before September 1, 1994, or under
15-21 Section 49.04, 49.07, or 49.08 of that code, regardless of whether
15-22 the person is required to attend an educational program designed to
15-23 rehabilitate persons who have driven while intoxicated under
15-24 Section 13(h), Article 42.12, Code of Criminal Procedure, for one
15-25 year, unless the person is placed on community supervision under
15-26 that article, and required as a condition of community supervision
15-27 to not operate a motor vehicle unless the vehicle is equipped with
16-1 the device described by Subsection (i) of that section. If a
16-2 person required to attend an educational program designed to
16-3 rehabilitate persons who have driven while intoxicated under
16-4 Section 13(h), Article 42.12, Code of Criminal Procedure, does not
16-5 complete the program before the end of the person's suspension, the
16-6 Department shall suspend the person's license or continue the
16-7 suspension, as appropriate, until the Department receives proof
16-8 that the person has successfully completed the program. A person
16-9 who completes the educational program required under this
16-10 subsection may submit proof of the completion to the clerk of the
16-11 convicting court who shall send it to the Department in the manner
16-12 provided by Section 13(h), Article 42.12, Code of Criminal
16-13 Procedure.
16-14 SECTION 12. Title 116, Revised Statutes, is amended by
16-15 adding Article 6701l-8 to read as follows:
16-16 Art. 6701l-8. IMPOUNDMENT AND FORFEITURE OF CERTAIN MOTOR
16-17 VEHICLES. (a) The motor vehicle operated by a person arrested for
16-18 an offense involving the operation of a motor vehicle is subject to
16-19 forfeiture to the county in which the offense occurred if the
16-20 person owns the motor vehicle and, at a hearing under this article,
16-21 the court determines that the person:
16-22 (1) was previously convicted of an offense involving
16-23 the operation of a motor vehicle under:
16-24 (A) Article 6701l-1, Revised Statutes, or
16-25 Section 19.05(a)(2), Penal Code, as those laws existed before
16-26 September 1, 1994; or
16-27 (B) Section 49.04, 49.07, or 49.08 of that code;
17-1 (2) was placed on probation or community supervision
17-2 for the offense under Section 13, Article 42.12, Code of Criminal
17-3 Procedure, and required as a condition of probation or community
17-4 supervision to not operate a motor vehicle unless the vehicle is
17-5 equipped with the device described by Subsection (i) of that
17-6 section; and
17-7 (3) while on probation or community supervision,
17-8 operated a motor vehicle that was not equipped with that device.
17-9 (b) The peace officer who arrests a person described by
17-10 Subsection (a) of this article shall notify the district or county
17-11 attorney for the county in which the offense occurred of the
17-12 person's arrest.
17-13 (c) The district or the county attorney may seek a temporary
17-14 restraining order prohibiting the person from selling or disposing
17-15 of a vehicle described in Subsection (a) of this article and may,
17-16 within 10 days after the date of the arrest, request a hearing in a
17-17 county court or district court in the county to determine whether
17-18 the vehicle is subject to forfeiture. The court in which the
17-19 hearing is to be held shall set the cause for a hearing to be held
17-20 no later than the 30th day after the date on which the district or
17-21 the county attorney requests the hearing. The court shall serve
17-22 notice of the hearing to the owner of the vehicle and to any
17-23 lienholder, secured party, or other person whose interest in the
17-24 motor vehicle is registered as provided by law in the manner
17-25 provided for service of process by citation in civil cases.
17-26 (d) If at the hearing the person arrested fails to file a
17-27 denial stating that the motor vehicle is not subject to forfeiture,
18-1 the court shall find that the vehicle is subject to forfeiture. If
18-2 the person files a denial denying that the motor vehicle is subject
18-3 to forfeiture, the court shall hear evidence to determine whether
18-4 the vehicle is subject to forfeiture. If the court determines that
18-5 the vehicle is subject to forfeiture, the court shall enter an
18-6 order enjoining the person from selling or disposing of the vehicle
18-7 and forfeiting the vehicle to the county. However, if proof at the
18-8 hearing discloses that the interest of any person, including a bona
18-9 fide lienholder, secured party, or other person holding an interest
18-10 in the vehicle in the nature of a security interest is greater than
18-11 or equal to the present value of the vehicle, the court shall order
18-12 the vehicle released to that person. If the interest is less than
18-13 the present value of the vehicle and if the proof shows that the
18-14 vehicle is subject to forfeiture, the court shall order the vehicle
18-15 forfeited to the county.
18-16 (e) A vehicle that has been forfeited shall be sold at a
18-17 public auction under the direction of the sheriff after notice of
18-18 public auction as provided by law for other sheriff's sales. The
18-19 proceeds of the sale shall be delivered to the county clerk and
18-20 shall be disposed of as follows:
18-21 (1) to any person, including a bona fide lienholder,
18-22 secured party, or other party holding an interest in the vehicle in
18-23 the nature of a security interest, to the extent of that person's
18-24 interest; and
18-25 (2) the balance, if any, to be deposited in the county
18-26 treasury.
18-27 (f) The Texas Department of Transportation shall issue a
19-1 certificate of title to a person who purchases a vehicle under the
19-2 provisions of this article.
19-3 SECTION 13. (a) This Act takes effect July 1, 1995, if this
19-4 Act receives the votes required by Section 39, Article III, Texas
19-5 Constitution, for that effective date. If this Act does not
19-6 receive the votes required by that section for an effective date
19-7 before the 91st day after the last day of the legislative session,
19-8 this Act takes effect September 1, 1995.
19-9 (b) The changes in law made by Sections 1, 4-7, and 9-11 of
19-10 this Act apply only to a person convicted of an offense committed
19-11 on or after the effective date of this Act. An offense committed
19-12 before the effective date of this Act is covered by the law in
19-13 effect when the offense was committed, and the former law is
19-14 continued in effect for that purpose. For purposes of this
19-15 subsection, an offense was committed before the effective date of
19-16 this Act if any element of the offense occurred before that date.
19-17 (c) The change in law made by Section 8 of this Act applies
19-18 only to a person who applies for an occupational driver's license
19-19 on or after the effective date of this Act.
19-20 (d) The change in law made by Section 12 of this Act applies
19-21 only to a person arrested for an offense involving the operation of
19-22 a motor vehicle on or after the effective date of this Act.
19-23 SECTION 14. The importance of this legislation and the
19-24 crowded condition of the calendars in both houses create an
19-25 emergency and an imperative public necessity that the
19-26 constitutional rule requiring bills to be read on three several
19-27 days in each house be suspended, and this rule is hereby suspended,
20-1 and that this Act take effect and be in force according to its
20-2 terms, and it is so enacted.