SRC-SLL H.B. 43 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 43
By: McCall (Fraser)
Criminal Justice
5-14-97
Engrossed


DIGEST 

At any given time, about 394,000 driver's licenses in Texas are suspended
or revoked.  In 1995, 143 drivers with a suspended or revoked license were
involved in fatal accidents.  Currently, the only penalty for unlicensed
drivers is a maximum fine of $500 and confinement in jail from 72 hours up
to six months.  This bill will set forth regulations regarding certain
punishments as a result of driving while a driver's license is suspended
or revoked. 

PURPOSE

As proposed, H.B. 43 sets forth regulations regarding certain punishments
as a result of driving while a driver's license is suspended or revoked. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 42, Code of Criminal Procedure, by adding
Article 42.038, as follows: 

Article 42.038.  PERSON CONVICTED OF DRIVING WHILE DRIVER'S LICENSE
SUSPENDED OR REVOKED: IMPOUNDMENT OF MOTOR VEHICLE.  Requires the court,
under certain circumstances, to order the impoundment of the motor vehicle
being operated by the defendant at the time of the arrest, if at the time
of the arrest the defendant was an owner, or was the spouse, child, or
parent of an owner, of the vehicle and the defendant, or the defendant's
spouse, child, or parent, is an owner of the vehicle on the date of the
conviction.  Sets forth regulations for the impoundment of the motor
vehicle.  Sets forth regulations regarding transfer of title of an
impounded motor vehicle.  Sets forth regulations for release of an
impounded motor vehicle.  Prohibits a previous conviction from being used
under Subsection (a) of this article if the offense was committed more
than 10 years before the date that the offense for which the person is
being tried was committed. 

SECTION 2. Amends Sections 601.371(d) and (e), Transportation Code, to
provide that a person commits a Class C misdemeanor if the person commits
an offense under this section except as provided by Subsection (e).
Provides that a person commits a Class B misdemeanor, rather than Class A
misdemeanor, if it is shown on the trial of an offense under this section
that the person has previously been convicted of an offense under this
section or under Section 521.457.  Deletes existing text regarding a fine
and confinement in county jail. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.