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.