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.