AEZ H.B. 43 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 43
By: McCall
4-9-97
Committee Report (Amended)

BACKGROUND 

Motorists continue to illegally drive without a license or with suspended
or revoked driver's licenses. Court and peace officers need another means
to better enforce the laws that pertain to transportation safety. 

PURPOSE

HB 43, as proposed, would provide that persons who are convicted of
driving without a driver's license or with a suspended or revoked driver's
license will have their vehicle impounded for a minimum of thirty days. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 42, Code of Criminal Procedure, by adding
Article 42.038, Person Convicted of Driving Without Driver's License or
While Driver's License Suspended or Revoked:  Impoundment of Motor
Vehicle.  

(a) Allows for the impoundment of the vehicle driven by a person who has
twice been convicted of driving without a driver's license or of driving
with a suspended or revoked driver's license. 

(b) Sets out the duration of an impoundment as thirty days and provides
for a court-imposed cost to the defendant of $15 per day for the
impoundment. 

(c) Allows for the transfer of title of an impounded vehicle if the court
finds that the transfer is made in good faith by the owner or when title
is transferred by means of foreclosure, sale on execution, cancellation of
a conditional sales contract or judicial order.  

(d) Allows a sheriff who impounds a vehicle to release the vehicle upon
receipt of a court order of release and full payment for the impoundment
costs.  Allows a sheriff  to release an impounded vehicle to a secured
creditor who presents a certificate of title with notation of the lien and
an accompanying affidavit that establishes that the loan secured by the
motor vehicle is in default or has matured.  

(e) Under this bill, a court will not consider a person's previous
conviction if it was received more than ten years before the date of the
offense for which the person is being tried. 

SECTION 2:  Effective Date:  September 1, 1997.  The change in law made by
this Act applies only to an offense committed on or after the effective
date of this Act. 

SECTION 3:  Emergency Clause

EXPLANATION OF AMENDMENTS

The amendment deletes references to driving without a license from the
impoundment of a motor vehicle.