By McCall H.B. No. 43
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain punishments as a result of driving while a
1-3 driver's license is suspended or revoked.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 42, Code of Criminal Procedure, is
1-6 amended by adding Article 42.038 to read as follows:
1-7 Art. 42.038. PERSON CONVICTED OF DRIVING WHILE DRIVER'S
1-8 LICENSE SUSPENDED OR REVOKED: IMPOUNDMENT OF MOTOR VEHICLE.
1-9 (a) In addition to any other punishment under Section 521.021 or
1-10 521.457, Transportation Code, if it is shown on the trial of the
1-11 offense that in this or another state the defendant has previously
1-12 been convicted two times of the offense of operating a motor
1-13 vehicle while the person's driver's license is suspended or
1-14 revoked, the court shall order the impoundment of the motor vehicle
1-15 being operated by the defendant at the time of the offense, if at
1-16 the time of the offense the defendant was an owner, or was the
1-17 spouse, child, or parent of an owner, of the vehicle and the
1-18 defendant, or the defendant's spouse, child, or parent, is an owner
1-19 of the vehicle on the date of conviction.
1-20 (b) The duration of an impoundment under Subsection (a) of
1-21 this article is 30 days. The court shall issue an order to the
1-22 sheriff of the county in which the court has jurisdiction to
1-23 impound the vehicle that is the subject of an order of impoundment.
1-24 The court shall impose a reasonable fee against the defendant to
2-1 cover the costs associated with the impoundment of the vehicle.
2-2 (c) An owner whose motor vehicle is impounded under
2-3 Subsection (a) of this article must, to transfer title to the motor
2-4 vehicle, apply for permission to the court that ordered the
2-5 impoundment. If the court finds that the transfer would be in good
2-6 faith and not to circumvent Subsections (a) and (b) of this
2-7 article, the court shall approve the transfer. If, while the motor
2-8 vehicle is impounded, title to the motor vehicle is transferred by
2-9 foreclosure, sale on execution, cancellation of a conditional sales
2-10 contract, or judicial order, the court shall order release of the
2-11 vehicle.
2-12 (d) On presentation to the sheriff who impounded the motor
2-13 vehicle of an order of release from the court and payment of the
2-14 cost of impoundment by the defendant or a person authorized by the
2-15 owner, the sheriff shall release the vehicle. A secured creditor
2-16 may obtain the release of a motor vehicle from impoundment on
2-17 presentation to the sheriff of a certificate of title with notation
2-18 of the secured creditor's lien and an accompanying affidavit from
2-19 an officer of the secured creditor establishing that the loan
2-20 secured by the motor vehicle is in default or has matured.
2-21 (e) A previous conviction may not be used under Subsection
2-22 (a) of this article if the offense was committed more than 10 years
2-23 before the date that the offense for which the person is being
2-24 tried was committed.
2-25 SECTION 2. Sections 601.371(d) and (e), Transportation Code,
2-26 are amended to read as follows:
2-27 (d) Except as provided by Subsection (e), an offense under
3-1 this section is a Class C misdemeanor [punishable by:]
3-2 [(1) a fine of not less than $100 or more than $500;
3-3 and]
3-4 [(2) confinement in county jail for a term of not less
3-5 than 72 hours or more than six months].
3-6 (e) If it is shown on the trial of an offense under this
3-7 section that the person has previously been convicted of an offense
3-8 under this section or under Section 521.457, the offense is
3-9 punishable as a Class B [A] misdemeanor.
3-10 SECTION 3. This Act takes effect September 1, 1997. The
3-11 changes in law made by this Act apply only to the civil
3-12 consequences of a subsequent offense committed on or after that
3-13 date. An offense committed before the effective date of this Act
3-14 is covered by the law in effect when the offense was committed, and
3-15 the former law is continued in effect for that purpose. For
3-16 purposes of this section, an offense was committed before the
3-17 effective date of this Act if any element of the offense occurred
3-18 before that date.
3-19 SECTION 4. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.