By Driver H.B. No. 2192
74R1209 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the impoundment of the motor vehicles of persons
1-3 convicted of the offense of driving while intoxicated and of
1-4 certain persons convicted of the offense of driving while a
1-5 driver's license is suspended.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 116, Revised Statutes, is amended by adding
1-8 Article 6701l-8 to read as follows:
1-9 Art. 6701l-8. PERSON CONVICTED OF DRIVING WHILE INTOXICATED:
1-10 IMPOUNDMENT OF MOTOR VEHICLE. (a) In addition to any other
1-11 punishment under Chapter 49, Penal Code, the court shall order the
1-12 impoundment of the motor vehicle being operated by a person
1-13 convicted of an offense under Section 49.04, Penal Code, if at the
1-14 time of the offense the person was an owner, or the spouse, child,
1-15 or parent of an owner, of the vehicle and the defendant, or the
1-16 defendant's spouse, child, or parent, is an owner of the vehicle on
1-17 the date of conviction.
1-18 (b) Except as provided by Subsection (c) of this article,
1-19 the duration of an impoundment under Subsection (a) of this article
1-20 is for a period not to exceed 30 days.
1-21 (c) If it is shown on the trial of the offense that the
1-22 person has previously been convicted one or more times of an
1-23 offense relating to the driving or operating of a motor vehicle
1-24 while intoxicated, the duration of an impoundment under Subsection
2-1 (a) of this article is for a period not to exceed 90 days.
2-2 (d) The court shall issue an order to the sheriff of the
2-3 county in which the court has jurisdiction to impound the vehicle
2-4 that is the subject of an order of impoundment. The court shall
2-5 impose a cost of $15 a day against the defendant for the
2-6 impoundment of the vehicle.
2-7 (e) An owner whose motor vehicle is impounded under
2-8 Subsection (a) of this article must, to transfer title to the motor
2-9 vehicle, apply for permission to the court that ordered the
2-10 impoundment. If the court finds that the transfer would be in good
2-11 faith and not to circumvent this article, the court shall approve
2-12 the transfer. If, while the motor vehicle is impounded, title to
2-13 the motor vehicle is transferred by foreclosure, sale on execution,
2-14 cancellation of a conditional sales contract, or judicial order,
2-15 the court shall order the release of the vehicle.
2-16 (f) On presentation to the sheriff who impounded the motor
2-17 vehicle of an order of release from the court and payment of the
2-18 cost of impoundment by the defendant or a person authorized by the
2-19 owner, the sheriff shall release the vehicle. A secured creditor
2-20 may obtain the release of a motor vehicle from impoundment on
2-21 presentation to the sheriff of a certificate of title with notation
2-22 of the secured creditor's lien and an accompanying affidavit from
2-23 an officer of the secured creditor establishing that the loan
2-24 secured by the motor vehicle is in default or has matured.
2-25 SECTION 2. Section 34, Chapter 173, Acts of the 47th
2-26 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-27 Civil Statutes), is amended by adding Subsections (h), (i), (j),
3-1 and (k) to read as follows:
3-2 (h) In addition to any other punishment under this section,
3-3 the court shall order the impoundment of the motor vehicle being
3-4 operated by the defendant at the time of the offense, if:
3-5 (1) the defendant's driver's license was revoked or
3-6 suspended under Section 24(a)(2) or (3) or Section 24(a-1)(1) or
3-7 (2) of this Act; and
3-8 (2) at the time of the offense the defendant was an
3-9 owner, or was the spouse, child, or parent of an owner, of the
3-10 vehicle and the defendant, or the defendant's spouse, child, or
3-11 parent, is an owner of the vehicle on the date of conviction.
3-12 (i) The duration of an impoundment under Subsection (h) of
3-13 this section is 30 days. The court shall issue an order to the
3-14 sheriff of the county in which the court has jurisdiction to
3-15 impound the vehicle that is the subject of an order of impoundment.
3-16 The court shall impose a cost of $15 a day against the defendant
3-17 for the impoundment of the vehicle.
3-18 (j) An owner whose motor vehicle is impounded under
3-19 Subsection (h) of this section must, to transfer title to the motor
3-20 vehicle, apply for permission to the court that ordered the
3-21 impoundment. If the court finds that the transfer would be in good
3-22 faith and not to circumvent Subsections (h) and (i) of this
3-23 section, the court shall approve the transfer. If, while the motor
3-24 vehicle is impounded, title to the motor vehicle is transferred by
3-25 foreclosure, sale on execution, cancellation of a conditional sales
3-26 contract, or judicial order, the court shall order release of the
3-27 vehicle.
4-1 (k) On presentation to the sheriff who impounded the motor
4-2 vehicle of an order of release from the court and payment of the
4-3 cost of impoundment by the defendant or a person authorized by the
4-4 owner, the sheriff shall release the vehicle. A secured creditor
4-5 may obtain the release of a motor vehicle from impoundment on
4-6 presentation to the sheriff of a certificate of title with notation
4-7 of the secured creditor's lien and an accompanying affidavit from
4-8 an officer of the secured creditor establishing that the loan
4-9 secured by the motor vehicle is in default or has matured.
4-10 SECTION 3. This Act takes effect September 1, 1995. The
4-11 changes in law made by this Act apply only to an offense committed
4-12 on or after that date. An offense committed before the effective
4-13 date of this Act is covered by the law in effect when the offense
4-14 was committed, and the former law is continued in effect for that
4-15 purpose. For purposes of this section, an offense was committed
4-16 before the effective date of this Act if any element of the offense
4-17 occurred before that date.
4-18 SECTION 4. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.