By Nelson S.B. No. 166 74R3342 JD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the consequences of driving while a driver's license is 1-3 suspended. 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 CERTAIN MOTOR VEHICLES. (a) 1-8 This article applies to the motor vehicle being operated by a 1-9 person arrested for an offense under Section 34, Chapter 173, Acts 1-10 of the 47th Legislature, Regular Session, 1941 (Article 6687b, 1-11 Vernon's Texas Civil Statutes), only if, at the time of the 1-12 offense, the person's driver's license: 1-13 (1) was suspended on a final conviction of an offense 1-14 under Chapter 49, Penal Code, or an offense under Article 6701l-1, 1-15 Revised Statutes, or Section 19.05(a)(2) or 19.07, Penal Code, as 1-16 those laws existed before September 1, 1994; or 1-17 (2) expired while the license was suspended on a final 1-18 conviction of an offense described by Subdivision (1) of this 1-19 subsection. 1-20 (b) A motor vehicle to which this article applies is subject 1-21 to impoundment in the county in which the offense under Section 34, 1-22 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941 1-23 (Article 6687b, Vernon's Texas Civil Statutes), occurred if, at a 1-24 hearing under this article, the court determines that at the time 2-1 of the person's arrest: 2-2 (1) the person was operating a motor vehicle on a 2-3 highway; and 2-4 (2) the person's driver's license was suspended on a 2-5 final conviction described by Subsection (a)(1) of this section, or 2-6 had expired while suspended for such a conviction. 2-7 (c) The peace officer who arrests a person for an offense 2-8 under Section 34, Chapter 173, Acts of the 47th Legislature, 2-9 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil 2-10 Statutes), shall immediately: 2-11 (1) have the motor vehicle being operated by the 2-12 person removed to a garage designated or maintained by the 2-13 sheriff's office of the county in which the offense occurred; and 2-14 (2) notify the district or county attorney for the 2-15 county in which the offense occurred of the person's arrest and the 2-16 motor vehicle's removal to that garage. 2-17 (d) The district or county attorney shall seek a temporary 2-18 restraining order prohibiting the owner from selling or disposing 2-19 of a motor vehicle described by Subsection (b) of this article and 2-20 shall, within three days after the date of the person's arrest, 2-21 request a hearing in a county court or district court in the county 2-22 to determine whether the motor vehicle is subject to a subsequent 2-23 impoundment under this article. The court in which the hearing is 2-24 to be held shall set the cause for a hearing to be held not later 2-25 than the fifth day after the date on which the district or county 2-26 attorney requests the hearing. The court shall serve notice of the 2-27 hearing to the person arrested, the owner of the motor vehicle, and 3-1 any lienholder, secured party, or other person whose interest in 3-2 the motor vehicle is registered as provided by law in the manner 3-3 provided for service of process by citation in civil cases. 3-4 (e) If at the hearing the person arrested, the owner, or a 3-5 lienholder, secured party, or other person whose interest in the 3-6 motor vehicle is registered as provided by law, does not file a 3-7 denial stating that the motor vehicle is not subject to 3-8 impoundment, the court shall find that the motor vehicle is subject 3-9 to a subsequent impoundment. If a denial stating that the motor 3-10 vehicle is not subject to the subsequent impoundment is filed, the 3-11 court shall hear evidence to determine whether the motor vehicle is 3-12 subject to the subsequent impoundment. If the court determines 3-13 that the motor vehicle is subject to the subsequent impoundment, 3-14 the court shall prohibit the owner of the motor vehicle from 3-15 selling or disposing of the vehicle and order the sheriff of the 3-16 county in which the court has jurisdiction to assume custody of the 3-17 vehicle. The court shall impose a cost of $15 for the impoundment 3-18 of the motor vehicle for each day the motor vehicle remains in the 3-19 custody of the sheriff. 3-20 (f) Except as provided by Subsections (g) and (h) of this 3-21 article, an impoundment of the vehicle ordered under Subsection (e) 3-22 of this article continues until the date the defendant becomes 3-23 eligible to apply for reinstatement of the defendant's driver's 3-24 license or to apply to the Department of Public Safety for a new 3-25 driver's license. 3-26 (g) An owner whose motor vehicle is ordered to be impounded 3-27 under Subsection (e) of this article must, to transfer title to the 4-1 motor vehicle, apply for permission to the court that ordered the 4-2 impoundment. If the court finds that the transfer would be in good 4-3 faith and not to circumvent this article, the court shall approve 4-4 the transfer. If, while the motor vehicle is in the custody of the 4-5 sheriff, title to the motor vehicle is transferred by foreclosure, 4-6 sale on execution, cancellation of a conditional sales contract, or 4-7 judicial order, the court shall order the release of the motor 4-8 vehicle. 4-9 (h) A secured creditor may apply for the release of a motor 4-10 vehicle from impoundment by presenting to the court a certificate 4-11 of title with notation of the secured creditor's lien and an 4-12 accompanying affidavit from an officer of the secured creditor 4-13 establishing that the loan secured by the motor vehicle is in 4-14 default or has matured. 4-15 (i) On presentation to the sheriff who assumed custody of 4-16 the motor vehicle of an order of release from the court and payment 4-17 of the cost of impoundment, the sheriff shall release the motor 4-18 vehicle. 4-19 SECTION 2. (a) This Act takes effect September 1, 1995. 4-20 (b) The change in law made by this Act applies only to a 4-21 person arrested for an offense under Section 34, Chapter 173, Acts 4-22 of the 47th Legislature, Regular Session, 1941 (Article 6687b, 4-23 Vernon's Texas Civil Statutes), on or after September 1, 1995. 4-24 SECTION 3. The importance of this legislation and the 4-25 crowded condition of the calendars in both houses create an 4-26 emergency and an imperative public necessity that the 4-27 constitutional rule requiring bills to be read on three several 5-1 days in each house be suspended, and this rule is hereby suspended.